[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