Safety Zone; San Pedro Bay, CA

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.

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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:

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Latitude Longitude

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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.

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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:

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Latitude Longitude

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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.

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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]

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