[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40449-40451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14386]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0547]
RIN 1625-AA00


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

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
waters near Gerald Desmond Bridge during the removal of the over-the-
water span. This action is necessary to provide for the safety of life 
on these navigable waters near Long Beach, CA, from July 9 through July 
11, 2022, where the over-the-water portion of the Gerald Desmond Bridge 
will be lowered and transported to pier T, Port of Long Beach. This 
rulemaking will 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.

DATES: This rule is effective from 12:01 a.m. on July 9, 2022, through 
11:59 p.m. July 11, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0547 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
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 Information and Regulatory History

    On March 3, 2022, the Port of Long Beach notified the Coast Guard 
that it will be removing the over-the-water span of the Gerald Desmond 
Bridge from 12:01 a.m. on July 9, 2022, to 11:59 p.m. on July 11, 2022. 
The removal will take place at mile 3.3 over Long Beach Harbor on the 
section of the bridge that is over the water. Hazards from removal 
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 removal of Gerald Desmond Bridge 
would be a safety concern for anyone within a 200-yard radius of 
freight barge FOSS 3612 (O.N. 1255436) during lowering and transport of 
the bridge span.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable; the Coast Guard 
must establish this safety zone by July 9, 2022. This urgent safety 
zone is required to protect the maritime public and the surrounding 
waterways from hazards associated with the bridge lowering and removal 
project. The Coast Guard lacks sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to public interest because action is needed 
to ensure the safety of life on the navigable waters near Long Beach, 
CA, during the bridge demolition activities scheduled to begin on July 
9, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Los 
Angeles--Long Beach (COTP) has determined that potential hazards 
associated with the Gerald Desmond Bridge span removal and transport on 
July 9 through July 11, 2022, will be a safety concern for waterways 
users within a 200-yard radius of freight barge FOSS 3612 (O.N. 
1255436). This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone 
before, during, and after the scheduled demolition.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 200-yard radius north of the bridge 
to 1,000-yard radius south of the Gerald Desmond Bridge before, during, 
and after the scheduled event. The Coast Guard is issuing this 
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 
1231).

IV. Discussion of the Rule

    The COTP is establishing a safety zone from 12:01 a.m. on July 9, 
2022, to 11:59 p.m. on July 11, 2022. The safety zone covers all 
navigable waters within a 200-yard radius of freight barge FOSS 3612 
(O.N. 1255436). The duration of the zone is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
the scheduled lowering of the over-water-span of the Gerald Desmond 
Bridge. The COTP will announce the dates and times of enforcement via 
local notice to mariners. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text appears at the end of 
this document.

V. Regulatory Analyses

    We developed this 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.

[[Page 40450]]

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 rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size location 
and duration of the safety zone. The safety zone will only last 3 days 
and will be limited in size to the area around the 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 rule 
will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 rule. If the 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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 determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting 48 hours that would prohibit entry within a 200-
yard radius surrounding freight barge FOSS 3612 (O.N. 1255436) due to 
potential hazards associated with the removal and transport of the 
over-water portion of the Gerald Desmond Bridge. It is categorically 
excluded from further review under paragraph L of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. A 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.

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.

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 amends 
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.T11-104 to read as follows:


Sec.  165.T11-104   Safety Zone; Lowering of Gerald Desmond Bridge; 
Long Beach, California.

    (a) Location. The safety zone covers all navigable waters within 
200-yard radius surrounding freight barge FOSS 3612 (O.N. 1255436) due 
to potential hazards associated with the removal and transport of the 
over-water portion of the Gerald Desmond Bridge, located approximately 
at mile 3.3 over Long Beach Harbor on the section of the bridge that is 
over the water.
    (b) Effective period. This section is effective from 12:01 a.m. on 
July 9, 2022, until 11:59 p.m. on July 11, 2022.
    (c) Enforcement period. This section will be enforced from 12:01 
a.m. on July 9, 2022, through 11:59 p.m. on July 11, 2022.

[[Page 40451]]

    (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: June 30, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long 
Beach.
[FR Doc. 2022-14386 Filed 7-6-22; 8:45 am]
BILLING CODE 9110-04-P