[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Pages 51899-51900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25060]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 99-005]
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 August 31, 1999 to 12 p.m. on October 
31, 1999. Entry into, transit through, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective from 12 p.m. (PST) on August 31, 1999, 
until 12 p.m. on October 31, 1999. If the need for this safety zone 
terminates before October 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 should be received by October 
15, 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 
Los Angeles-Long Beach from 9 a.m. to 4 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Yuri V. Graves, 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 (NPRM) was not published for this regulation 
and good cause exists for making it effective less than 30 days after 
Federal Register publication. Publishing a 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 a date fewer than 30 days prior to the 
continuation of the construction.
    Although this rule is published as a temporary final rule without 
prior notice, an opportunity for public comment is 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 by 
October 15, 1999. Those providing comments should identify the docket 
number for the regulation (COTP Los Angeles-Long Beach 99-005) 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

    A prior temporary final rule was promulgated imposing an identical 
safety zone for the period December 9, 1998 through March 31, 1999 (64 
FR 8001), and then was extended for the period March 31, 1999 through 
August 31, 1999 (64 FR 18814). The Coast Guard has recently been 
notified that the pier demolition and reconstruction project will not 
be completed as originally scheduled. It is thus necessary to extend 
the effective period of the safety zone through October 31, 1999. Due 
to the continuing need for the safety zone, a new safety zone and 
public comment period has been established.
    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.

[[Page 51900]]

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 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 Yuri V. Graves, 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 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.

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 Interim 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 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. From 12 p.m. (PST) on August 31, 1999, through 12 p.m. (PDT) on 
October 31, 1999, a new Sec. 165.T11-066 is added to read as follows:


Sec. 165.T11-066  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) Regulations. In accordance with the general regulations in 
Sec. 165.23, 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) 
on August 31, 1999 through 12 p.m. on October 31, 1999. If the need for 
this safety zone terminates before October 31, 1999, the Captain of the 
Port will cease enforcement of this safety zone and will announce that 
fact via Broadcast Notice to Mariners.

    Dated: August 30, 1999.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 99-25060 Filed 9-24-99; 8:45 am]
BILLING CODE 4910-15-M