[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Rules and Regulations]
[Pages 18814-18815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9567]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, CA, 99-001]
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 extending the effective period of an
existing temporary Safety Zone in the navigable waters of the United
States around the Stearns Wharf pier complex located in Santa Barbara,
California. This safety zone is necessary to ensure the safety of the
public during the demolition and reconstruction of the pier and will be
in effect from 12 p.m. (PST) on March 31, 1999, to 12 p.m. (PDT) on
August 31, 1999. Entry into, transit through, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port.
EFFECTIVE DATES: This rule is effective from 12 p.m. (PST) on March 31,
1999, until 12 p.m. on August 31, 1999. If the need for this safety
zone terminates before August 31, 1999, the Captain of the Port will
cease enforcement of this safety zone and will announce that fact by
Broadcast Notice to Mariners.
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
Los Angeles-Long Beach from 9 a.m. to 4 p.m., Monday through Friday,
except federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Rick 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, there is good cause why a notice
of proposed rule-making (NPRM0 was not published for this regulation,
and good cause exists for making it effective 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
details concerning the construction of the pier and the completion date
were not known until fewer than 30 days before the continuation of the
construction.
Although this rule is 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 ADDRESSES in this preamble. Comments must
be received on or before June 15, 1999. Those providing comments should
identify the docket number for the regulation (COTP Los Angeles-Long
Beach 99-001) and also include their names, addresses, 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
A previous temporary final rule was promulgated imposing an
identical safety zone from December 9, 1998, through March 31, 1999 (64
FR 8001, February 18, 1999). The Coast Guard has recently been notified
that pier demolition and reconstruction will not be completed as
originally scheduled. It is thus necessary to extend the effective
period of the safety zone through August 31, 1999. An opportunity for
public comment was provided for the original temporary final rule; that
comment period was due to close on April 19, 1999. Because of the
significant extension of the effective period of the safety zone, a new
public comment period has been established, extending 60 days from the
date of publication.
This safety zone is necessary to safeguard all personnel and
property during the extensive repairs and reconstruction of Stearns
Wharf. The activities surround the demolition and reconstruction 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 and recreational and commercial
craft from the hazards associated with the reconstruction. Persons and
vessel 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 costs 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, 1979). 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 not 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
[[Page 18815]]
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
call Lieutenant Rick Sorrell, Coast Guard Marine Safety Detachment
Santa Barbara, CA, at (805) 962-7430.
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 are
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 annual 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 cost of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Reform Act.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this temporary fund rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This rule will not effect a
taking a private property or otherwise have taking implications under
this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This rule
will not impose, on any State, local, or tribal government, a mandate
that is not required by statute and that is not funded by the Federal
government.
E.O. 12988, Civil Justice Reform. This rule meets applicable
standards in section 3(a) and 3(b)(2) of this Order to minimize
litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks. This rule is not an economically significant rule and
does not concern an environmental risk to safety disproportionately
affecting children.
List of Subject in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
In consideration of the foregoing, amend Subpart F of Part 165 of
Title 33, Code of Federal Regulations, 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. Section 165.100 is also issued
under authority of Sec. 311, Pub. L. 105-383.
2. From 12 p.m. (PST) on March 31, 1999, through 12 p.m. (PDT) on
August 31, 1999, a new Sec. 165.T11-062 is added to read as follows:
Sec. 165.T11-062 Safety Zone: Santa Barbara Channel, CA
(a) Location. The following area is established as safety zone: all
navigable waters falling within a rectangular box extending 100 feet
from the outer limits of all sides and the seaward end 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) 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.
(c) Effective dates. This section is effective from 12 p.m. (PST)
March 31, 1999, through 12 p.m. (PDT) on August 31, 1999. If the need
for this safety zone terminates before August 31, 1999, the Captain of
the Port will cease enforcement of this safety zone and will announce
that fact by Broadcast Notice to Mariners.
Dated March 30, 1999.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 99-9567 Filed 4-15-99; 8:45 am]
BILLING CODE 4910-15-M