[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Rules and Regulations]
[Pages 29561-29563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13936]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 99-003]
RIN 2115-AA97


Safety Zone; San Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule, request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is extending the effective period of an 
existing temporary safety zone in the navigable waters of San Pedro 
Bay, California, south of the Middle Breakwater, part of the breakwater 
system enclosing the Ports of Los Angeles and Long Beach. This safety 
zone is established as a result of the construction of an artificial 
habitat and is necessary to protect vessels from the hazards associated 
with the construction.
    All vessels with a draft of 50 feet or more are prohibited from 
entering this exclusionary area, unless specifically authorized by the 
Captain of the Port, for the entire time that this regulation is 
enforced by the Captain of the Port. All other vessels are prohibited 
from entering the area, unless specifically authorized by the Captain 
of the Port, only when actual construction activities are in progress. 
The Captain of the Port will announce, via Broadcast Notice to Mariners 
and any other means practicable, when the area is closed to vessels 
less than 50 feet in draft (because construction activities are in 
progress).

DATES: This safety zone will be in effect from 11:59 p.m. PDT on May 
17, 1999 until 11:59 p.m. PST on December 31, 1999. Comments must be 
received on or before August 2, 1999.

ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard 
Marine Safety Office, 165 N. Pico Avenue, Long Beach, CA 90802. 
Comments received will be available for inspection and copying within 
the Waterways Management Division at Marine Safety Office Los Angeles-
Long Beach. Normal office hours are 8 a.m. to 4 p.m. PDT, Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Rob Coller, Chief, 
Waterways Management Division, Marine Safety Office Lost Angeles-Long 
Beach, 165 N. Pico Ave., Long Beach, CA 90802; (562) 980-4425.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    In accordance with 5 U.S.C. 553, there is good cause why a notice 
of proposed rulemaking (NPRM) 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 artificial habitat and the 
completion date were not known until a date fewer than 30 days prior to 
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 regulation 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. Those 
providing comments should identify the docket number for the regulation 
(COTP Los Angeles-Long Beach, CA; 99-003) 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 to Marine Safety Office Los Angeles-Long 
Beach at the address listed in ADDRESSES in this preamble.

[[Page 29562]]

Discussion of Regulation

    A prior temporary final rule was promulgated imposing an identical 
safety zone for the period May 17, 1998 through May 17, 1999 (63 FR 
31625, June 10, 1998). The Coast Guard has recently been notified that 
the construction of the habitat artificial habitat south of the San 
Pedro Bay Federal Breakwater will not be completed as originally 
scheduled. It is thus necessary to extend the effective period of the 
safety zone through December 31, 1999. An opportunity for public 
comment was provided for the original temporary final rule; that 
comment period closed on August 10, 1998. Due to 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 for safeguarding recreational and 
commercial vessels from the dangers of the construction activities in 
the project area and to prevent interference with vessels engaged in 
these operations. All vessels with a draft of 50 feet or more are 
prohibited from entering this exclusionary area, unless specifically 
authorized by the Captain of the Port, for the entire time that this 
regulation is enforced by the Captain of the Port. All other vessels 
are prohibited from entering the area, unless specifically authorized 
by the Captain of the Port, only when actual construction activities 
are in progress. The Captain of the Port will announce, via Broadcast 
Notice to Mariners and any other means practicable, when the area is 
closed to vessels less than 50 feet in draft (because construction 
activities are in progress).
    This safety zone consists of all navigable waters within the 
geographic area bounded by lines connecting the following coordinates:

----------------------------------------------------------------------------------------------------------------
                                                       Latitude                          Longitude
----------------------------------------------------------------------------------------------------------------
Safety Zone Point #1......................  33 deg.-41'.16'' N             118 deg.-13'.15'' W; thence to:
Safety Zone Point #2......................  33 deg.-40'.45'' N             118 deg.-13'.01'' W; thence to:
Safety Zone Point #3......................  33 deg.-40'.34'' N             118 deg.-13'.37'' W; thence to:
Safety Zone Point #4......................  33 deg.-41'.04'' N             118 deg.-13'.51'' W; thence returning
                                                                            to the point of beginning.
----------------------------------------------------------------------------------------------------------------

Regulatory Evaluation

    This temporary final rule 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 
(DOT) (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. Only 
minor delays to mariners are foreseen when vessel traffic is directed 
around the area of the safety zone.

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 section 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 Rob Coller, U.S. 
Coast Guard Marine Safety Office Los Angeles-Long Beach, at (562) 980-
4425.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 35401 et seq.).

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 effected 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.

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

[[Page 29563]]

final 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 of 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 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 part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
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. A new Sec. 165.T11-064 is added to read as follows:


Sec. 165.T11-064  Safety Zone: San Pedro Bay.

    (a) Location. All navigable waters bounded by lines connecting the 
following coordinates are established as safety zone:

----------------------------------------------------------------------------------------------------------------
                                                    Latitude                            Longitude
----------------------------------------------------------------------------------------------------------------
Safety Zone Point #1....................  33 deg.-41'.16'' N            118 deg.-13'.15'' W; thence to :
Safety Zone Point #2....................  33 deg.-40'.45'' N            118 deg.-13'.01'' W; thence to :
Safety Zone Point #3....................  33 deg.-40'.34'' N            118 deg.-13'.37'' W; thence to :
Safety Zone Point #4....................  33 deg.-41'.04'' N            118 deg.-13'.51'' W; thence returning to
                                                                         the point of beginning.
----------------------------------------------------------------------------------------------------------------

    Datum: NAD 83.
    (b) Effective dates: This regulation will be in effect from 11:59 
p.m. PDT on May 17, 1999 until 11:59 p.m. PST on December 31, 1999. If 
the need for this safety zone terminates before December 31, 1999, the 
Captain of the Port will cease enforcement of this safety zone and will 
announce that fact by 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 in prohibited for all vessels with a draft of 
50 feet or more, unless specifically authorized by the Captain of the 
Port, for the entire time that this regulation is enforced by the 
Captain of the Port.
    (1) All other vessels are prohibited from entering into, transiting 
through, or anchoring within this safety zone, unless specifically 
authorized by the Captain of the Port, only when actual construction 
activities are in progress.
    (2) The Captain of the Port will announce, via Broadcast, Notice to 
Mariners and any other means practicable, when the area is closed to 
vessels less than 50 feet in draft (because construction activities are 
in progress).

    Dated: May 17, 1999.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles, Long 
Beach, California.
[FR Doc. 99-13936 Filed 6-1-99; 8:45 am]
BILLING CODE 4910-15-M