[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20798-20800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07504]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0181]
RIN 1625-AA00


Safety Zone; Demolition of Gerald Desmond Bridge; Long Beach, 
California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for waters near Gerald Desmond Bridge during demolition. This 
action is necessary to provide for the safety of life on these 
navigable waters near Long Beach, CA, during period where the over-the-
water portion of the Gerald Desmond Bridge will be subject to 
demolition from May 7, through May 9, 2022. This proposed rulemaking 
would prohibit persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port (COTP), Los Angeles-Long Beach, 
or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 25, 2022.

ADDRESSES: You may submit comments identified by docket number USCG 
2022-0181 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Maria Wiener at Sector Los 
Angeles-Long Beach Waterways Management Branch at (310) 521-3860 or 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 3, 2022, the Port of Long Beach notified the Coast Guard 
that it will be conducting demolition of the

[[Page 20799]]

Gerald Desmond Bridge from 12:01 a.m. on May 7, 2022, to 11:59 p.m. on 
May 9, 2022. The demolition will take place at mile 3.3 over Long Beach 
Harbor on the section of the bridge that is over the water. Hazards 
from demolition include falling debris and construction work conducted 
on a barge that will be moored in such a way that it blocks the entire 
channel. The Captain of the Port (COTP), Los Angeles-Long Beach has 
determined that potential hazards associated with the demolition of the 
replacement and removal of Gerald Desmond Bridge would be a safety 
concern for anyone within a 100-yard radius of the bridge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 100-yard radius of the Gerald Desmond 
Bridge before, during, and after the scheduled event. The Coast Guard 
is proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).]

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 12:01 a.m. on 
May 7, 2022, to 11:59 p.m. on May 9, 2022, with a contingency date of 
May 14 through May 16, 2022. The safety zone would cover all navigable 
within 100-yards of the over-water portion of the Gerald Desmond 
Bridge, located approximately at mile 3.3 over Long Beach Harbor, CA. 
The duration of the zone is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled 
demolition. There will be no maritime access to transit to and from 
middle harbor Long Beach to inner harbor Long Beach in vicinity of the 
Gerald Desmond Bridge. A contingency time window for the 48-hour 
closure would start at 12:01 a.m. on May 14, 2022, and end at 11:59 
p.m. on May 16, 2022, in case of an unexpected event forcing a change 
in schedule. The COTP would announce the dates and times of enforcement 
via local notice to mariners. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on potential hazards 
associated with the demolition of the replacement and removal of Gerald 
Desmond Bridge.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
see ADDRESSES explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on

[[Page 20800]]

the human environment. This proposed rule involves a safety zone 
lasting 48 hours that would prohibit entry within 100-yards of the 
potential hazards associated with the demolition of the replacement and 
removal of the over-water portion of the Gerald Desmond Bridge. 
Normally such actions are categorically excluded from further review 
under paragraph L of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0181 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-0181 to read as follows:


Sec.  165.T11-0181  Safety Zone; Demolition of Gerald Desmond Bridge; 
Long Beach, California.

    (a) Location. The safety zone covers all navigable waters within 
100-yards of the over-the-water portion of the Gerald Desmond Bridge, 
located approximately at mile 3.3 over Long Beach, CA.
    (b) Effective period. This section is effective from 12:01 a.m. on 
May 7, 2022 until 11:59 p.m. on May 16, 2022.
    (c) Enforcement period. This section will be enforced from 12:01 
a.m. on May 7, 2022 through 11:59 p.m. on May 9, 2022. In case of 
unexpected events, a contingency enforcement time window for the 48-
hour closure starts at 12:01 a.m. on May 14, 2022, and ends at 11:59 
p.m. on May 16, 2022.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry of vessels or persons into the zone is prohibited 
unless specifically authorized by the Captain of the Port Los Angeles 
Long Beach (COTP) or designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard (USCG) assigned to units under the operational control of 
the COTP.
    (2) In the event of an emergency, vessels requiring entry into the 
safety zone must request permission from the COTP or a designated 
representative. To seek entry into the safety zone, contact the COTP or 
the COTP's representative by telephone at (310) 521-3801 or on VHF-FM 
channel 16. To coordinate the movement of vessel traffic, vessel 
operators may contact the Jacobsen Pilot Station at (562) 432-0664 or 
the Water Traffic Coordinator, Andres Velasco, at (602) 376-5765.
    (3) Persons and vessels permitted to enter the safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public when the safety zone is being enforced via a 
Broadcast Notices to Mariners.

    Dated: April 1, 2022.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach.
[FR Doc. 2022-07504 Filed 4-7-22; 8:45 am]
BILLING CODE 9110-04-P