Safety Zone; Santa Barbara Channel, CA

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.

-----------------------------------------------------------------------

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