[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Rules and Regulations]
[Pages 54153-54155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22844]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 00-003]
RIN 2115-AA97


Safety Zone; Middle Harbor-San Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
San Pedro Bay, California. The event requiring establishment of this 
safety zone is the dredging and landfill activities associated with the 
Port of Long Beach Pier T project. Entry into, transit through or 
anchoring within the safety zone by vessels other than those engaged in 
the construction of Pier T is prohibited by the Captain of the Port.

DATES: This rule will be in effect from 12:01 a.m. (PST) on August 1, 
2000 until 11:59 p.m. on December 31, 2002. Comments must be received 
on or before November 6, 2000.

ADDRESSES: This docket for this regulation is maintained, and is 
available for inspection and copying between the hours of 9 a.m. and 4 
p.m., Monday through Friday except federal holidays, at U.S. Coast 
Guard Marine Safety Office Los Angeles-Long Beach, 165 N. Pico Avenue, 
Long Beach, CA 90802. Comments may be mailed or hand-delivered to this 
address.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Ken O'Connor, 
Waterways Management Division, Marine Safety Office/Group Los Angeles-
Long Beach, CA at (562) 980-4425/26.

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. Following normal rulemaking procedures 
could not be done in a timely fashion in that the Coast Guard was not 
approached concerning the necessity for implementation of a safety zone 
until late in the Pier T planning process. The actual stipulations of 
the safety zone were not finalized until a date fewer than 30 days 
prior to the start of the event.
    Although this rule is being published as an interim 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 November 6, 2000. Those providing 
comments should identify the docket number for the regulation (COTP Los 
Angeles-Long Beach 00-003) 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 the Marine Safety Office Los Angeles-Long 
Beach at the address listed in ADDRESSES in this preamble.

Discussion of Regulation

    The construction of the Pier T project is scheduled to begin on May 
5, 2000.

[[Page 54154]]

A safety zone is necessary to safeguard recreational and commercial 
craft from the dangers of dredging and landfill activities in the area 
and to prevent interference with other vessels engaged in the dredging 
operations. This safety zone is necessary to safeguard all personnel 
and property during the dredging and construction of Pier T. The 
activities surrounding the dredging 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, other 
than those engaged in the construction of Pier T, are prohibited from 
entering into, transiting through or anchoring within the safety zone 
unless authorized by the Captain of the Port or a designated 
representative.

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. The location of the dredging and landfill operation is 
northwest of the old Navy mole in the vicinity of Long Beach Pier ``T'' 
which does not currently have much commerical or recreational vessel 
traffic. It is anticipated that once construction is completed vessel 
traffic in this area will increase. 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 Junior Grade Ken 
O'Connor, Waterways Management Division, Marine Safety Office/Group Los 
Angeles-Long Beach, CA at (562) 980-4425/26.

Federalism

    The Coast Guard has analyzed this regulation under Executive Order 
13132, and has determined that this rule does not have implications for 
federalism under that Order.

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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

Protection of Children

    We have analyzed this rule under Executive Order 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.


    A new Sec. 165.1113 is added to read as follows:


Sec. 165.1113  Safety Zone: Middle Harbor-San Pedro Channel, CA.

    (a) Location. The safety zone is located northwest of the old Navy 
Mole in the vicinity of Long Beach Pier ``T'' as defined by the lines 
connecting the following coordinates: latitude 33 deg.45'21.6" N, 
longitude 118 deg.13'38.5" W, thence to latitude, 33 deg.45'04.1" N, 
longitude 118 deg.13'31.2" W, thence to latitude 33 deg.44'46" N, 
longitude 118 deg.14'10.7" W, thence to latitude 33 deg.44'34.1" N, 
longitude 118 deg.14'13" W, following north-easterly along the 
shoreline to 33 deg.45'02.4" N, longitude

[[Page 54155]]

118 deg.14'44.7" W, thence returning to the point of origin.
    (b) Effective date. This section is effective from 12:01 a.m. (PST) 
on August 1, 2000 until 11:59 on December 31, 2002.
    (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 by persons or vessels, other than those engaged 
in the construction of Pier T, is prohibited unless authorized by the 
Captain of the Port Los Angeles-Long Beach, CA.

    Dated: August 1, 2000.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 00-22844 Filed 9-6-00; 8:45 am]
BILLING CODE 4910-15-U