[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 8001-8002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3768]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 98-012]
RIN 2115-AA97


Safety Zone; Santa Barbara Channel, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the United States around the Stearns Wharf pier 
complex located in Santa Barbara, California. The safety zone is 
necessary to ensure the safety of the public during the demolition and 
reconstruction of the pier. The Coast Guard is establishing a safety 
zone in all navigable waters falling within a rectangular box extending 
100 feet from the outer limits of all sides of Stearns Wharf, beginning 
at the seaward end of the wharf and extending back along the wharf 600 
feet towards shore. For reference purposes, the seaward end of the 
wharf is located at 34 deg.-23'-30''N, longitude: 119 deg.-41'-10''W. 
This safety zone will be in effect from December 9, 1998, 12:00 p.m. 
(PDT), until March 31, 1999, 12:00 p.m. (PDT). Entry into, transit 
through, or anchoring within this safety zone is prohibited unless 
authorized by the Captain of the Port or a designated representative 
thereof.

DATES: This regulation will be in effect from December 9, 1998, 12:00 
p.m. (PDT) until March 31, 1999, 12:00 p.m. (PDT). If the need for this 
safety zone terminates before March 31, 1999, the Captain of the Port 
will cease enforcement of this safety zone and will announce that fact 
via Broadcast Notice to Mariners.
    Comments must be received on or before April 19, 1999.

ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard 
Marine Safety Office Los Angeles-Long Beach, 165 N. Pico Avenue, Long 
Beach, CA 90802. Comments received will be available for inspection and 
copying in the Port Safety Division of Coast Guard Marine Safety Office 
of Los Angeles-Long Beach from 9 a.m. to 4 p.m. (PDT), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Rich Sorrell, Marine Safety 
Detachment Santa Barbara, 111 Harbor Way, Santa Barbara, CA 93109; 
(805) 962-7430.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    In accordance with 5 U.S.C. 553, a notice of proposed rule making 
(NPRM) was not published for this regulation and good cause exists for 
making it effective prior to or less than 30 days after Federal 
Register publication. Publishing an NPRM and delaying the effective 
date would be contrary to the public interest since the need for the 
pier construction arose from an unanticipated fire and the demolition 
and reconstruction of the pier has already begun.
    Although this rule being published as a temporary final rule 
without prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the rule is both reasonable and workable. 
Accordingly, persons wishing to comment may do so by submitting written 
comments to the office listed in ADDRESSES in this preamble. Comments 
must be received on or before April 19, 1999. Those providing comments 
should identify the docket number for the regulation (COTP Los Angeles-
Long Beach, CA; 98-012) and also include their name, address, and 
reason(s) for each comment presented. Based upon the comments received, 
the regulation may be changed.
    The Coast Guard plans no public meeting. Persons may request a 
public meeting by writing the Marine Safety Office Los Angeles-Long 
Beach at the address listed in ADDRESSES in this preamble.

Discussion of Regulation

    This safety zone is necessary to safeguard all personnel and 
property during the extensive repairs and reconstruction of Stearns 
Wharf. The activities surrounding the demolition and construction pose 
a direct threat to the safety of surrounding vessels, persons, and 
property, and create an imminent navigational hazard. This safety zone 
is necessary to prevent spectators, recreational and commercial craft 
from the hazards associated with the reconstruction. Persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within the safety zone unless authorized by the Captain of 
the Port Los Angeles-Long Beach or a designated representative thereof.

Regulatory Evaluation

    This temporary regulation is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential cost and benefits under section 6(a)(3) of that 
order. It has been exempted from review by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (44 FR 
11040; February 26, 1997). The Coast Guard expects the economic impact 
of this regulation to be so minimal that a full Regulatory Evaluation 
under Paragraph 10(e) of the regulatory policies and procedures of the 
Department of Transportation is unnecessary.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and not-for-profit 
organizations that are dominant in their respective fields, and 
governmental jurisdictions with populations less than 50,000. For the 
same reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this rule is not expected to 
have a significant economic impact on any substantial number of 
entities, regardless of their size.

Assistance for Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization is affected 
by this rule and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Rick Sorrell, Coast 
Guard Marine Safety Detachment, Santa Barbara, CA, at (805) 962-7430.

[[Page 8002]]

Federalism

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612, and has determined 
that this rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
temporary regulation and concluded that under Chapter 2.B.2. of 
Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(g), it 
will have no significant environmental impact and it is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination and an Environmental Analysis checklist is 
available for inspection and copying and the docket is to be maintained 
at the address listed in ADDRESSES in the preamble.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected.
    No state, local, or tribal government entities will be affected by 
this rule, so this rule will not result in annual or aggregate costs of 
$100 million or more. Therefore, the Coast Guard is exempt from any 
further regulatory requirements under the Unfunded Mandates Act.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    In consideration of the foregoing, subpart F of part 165 of title 
33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

    1. The authority citation for 33 CFR part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. A new section 165.T11-061 is added to read as follows:


Sec. 165.T11-061  Safety Zone: Santa Barbara Channel, CA

    (a) Location. The following area is established as a safety zone: 
all navigable waters falling within a rectangular box extending 100 
feet from the outer limits of all sides of Stearns Wharf, beginning at 
the seaward end of the wharf and extending back along the wharf 600 
feet towards shore. For reference purposes, the seaward end of the 
wharf is located at 34 deg.24'30''N, longitude: 119 deg.41'10''W.
    (b) Effective Dates. This safety zone will be in effect from 
December 9, 1998, 12:00 p.m. (PDT) until March 31, 1999, 12:00 (PDT). 
If the need for this safety zone terminates before March 31, 1999, the 
Captain of the Port will cease enforcement of this safety zone and will 
announce that fact via Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port or a designated representative thereof.

    Dated: December 9, 1998.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 99-3768 Filed 2-17-99; 8:45 am]
BILLING CODE 4910-15-M