Safety Zone; Santa Barbara Channel, CA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA, 99-001]

RIN 2115-AA97

Safety Zone; Santa Barbara Channel, 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 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 March 31, 1999, to 12 p.m. (PDT) on

August 31, 1999. Entry into, transit through, or anchoring within this

safety zone is prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATES: This rule is effective from 12 p.m. (PST) on March 31,

1999, until 12 p.m. on August 31, 1999. If the need for this safety

zone terminates before August 31, 1999, the Captain of the Port will

cease enforcement of this safety zone and will announce that fact by

Broadcast Notice to Mariners.

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 Rick Sorrell, 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 (NPRM0 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 pier and the completion date

were not known until fewer than 30 days before 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 rule is both reasonable and workable.

Accordingly, persons wishing to comment may do so by submitting written

comments to the office listed ADDRESSES in this preamble. Comments must

be received on or before June 15, 1999. Those providing comments should

identify the docket number for the regulation (COTP Los Angeles-Long

Beach 99-001) and also include their names, addresses, 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 previous temporary final rule was promulgated imposing an

identical safety zone from December 9, 1998, through March 31, 1999 (64

FR 8001, February 18, 1999). The Coast Guard has recently been notified

that pier demolition and reconstruction will not be completed as

originally scheduled. It is thus necessary to extend the effective

period of the safety zone through August 31, 1999. An opportunity for

public comment was provided for the original temporary final rule; that

comment period was due to close on April 19, 1999. Because of 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 to safeguard all personnel and

property during the extensive repairs and reconstruction of Stearns

Wharf. The activities surround the demolition and reconstruction 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 and recreational and commercial

craft from the hazards associated with the reconstruction. Persons and

vessel 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 thereof.

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

[[Page 18815]]

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

call Lieutenant Rick Sorrell, 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 are

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 annual 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 cost of

$100 million or more. Therefore, the Coast Guard is exempt from any

further regulatory requirements under the Unfunded Mandates Reform 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 fund 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 a 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 Subject in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

In consideration of the foregoing, amend Subpart F of Part 165 of

Title 33, Code of Federal Regulations, 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. Section 165.100 is also issued

under authority of Sec. 311, Pub. L. 105-383.

2. From 12 p.m. (PST) on March 31, 1999, through 12 p.m. (PDT) on

August 31, 1999, a new Sec. 165.T11-062 is added to read as follows:

Sec. 165.T11-062 Safety Zone: Santa Barbara Channel, CA

(a) Location. The following area is established as safety zone: all

navigable waters falling within a rectangular box extending 100 feet

from the outer limits of all sides and the seaward end 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 of this part, 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)

March 31, 1999, through 12 p.m. (PDT) on August 31, 1999. If the need

for this safety zone terminates before August 31, 1999, the Captain of

the Port will cease enforcement of this safety zone and will announce

that fact by Broadcast Notice to Mariners.

Dated March 30, 1999.

G.F. Wright,

Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.

[FR Doc. 99-9567 Filed 4-15-99; 8:45 am]

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