[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Rules and Regulations]
[Pages 61630-61631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30292]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 97-007]
RIN 2115-AA97


Safety Zone: Los Angeles Harbor-San Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is revising the two safety zones associated 
with the dredging and landfill activities for stage II of the Pier 400 
project. The Coast Guard is also adding a new moving safety zone 
surrounding the Dredge FLORIDA when it is in the waters of Los Angeles 
Harbor and San Pedro Bay, CA, and engaged in dredging operations 
associated with the Pier 400 project.

DATES: This regulation will be in effect from 6 a.m. PDT on July 22, 
1997 until 11:59 p.m. PST on December 31, 1999. Comments must be 
received on or before January 20, 1998.

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 Port Safety 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 Keith Whiteman, Chief, Port 
Safety and Security Division, Marine Safety Office Los Angeles-Long 
Beach.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and it is being made effective in 
less than 30 days after Federal Register publication. Following normal 
rulemaking procedures could not be done in a timely fashion in that the 
sequence of construction activities, location of work, selection of a 
contractor, and the issuance of a notice to proceed for Stage II of the 
Pier 400 project were not finalized until a date fewer than 30 days 
prior to the anticipated start of work.
    Although this regulation is published as an interim 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 under ADDRESSES in this preamble. Those 
providing comments should identify the docket number (COTP Los Angeles-
Long Beach, CA; 97-007) for the regulation and also include their name, 
address, and reason(s) for each comment presented. persons wanting 
acknowledgment of receipt of comments should enclose a stamped, self-
addressed postcard or envelope. Based upon the comments received, the 
scope of the regulation may be changed.
    The Coast Guard plans no public meetings. Persons may request a 
public meeting by writing to Marine Safety Office Los Angeles-Long 
Beach at the address listed under ADDRESSES in this preamble.

Background and Purpose

    Construction associated with the Pier 400 project referenced in 33 
CFR part 165.1110 has progressed to stage II. Consequently, the 
dredging and landfill activities necessary to complete the project have 
been expanded, and the existing safety zones no longer provide an 
appropriate level of safety. This rule expands those safety zones, and 
adds a new, moving safety zone surrounding the Dredge FLORIDA whenever 
it is engaged in dredging activities associated with the Pier 400 
project.
    The Dredge FLORIDA was not utilized during stage I of the Pier 400 
project. Consequently, the moving safety zone surrounding the Dredge 
FLORIDA was not necessary during stage I of the Pier 400 project, but 
it is now essential given the expanded scope of stage II of the Pier 
400 project.
    This regulation is needed to restrict vessel traffic in the 
regulated areas to prevent collisions, groundings, or other 
navigational mishaps. Entry into, transit through, or anchoring within 
any of the safety zones is prohibited unless authorized by the Captain 
of the Port Los Angeles-Long Beach, CA.

Discussion of Regulation

    This rulemaking accomplishes three things with respect to the Pier 
400 project. It expands the two existing safety zones referenced in 33 
CFR part 165.1110, and it adds a third, moving safety zone surrounding 
the Dredge FLORIDA. This rulemaking is necessary because the 
construction activities associated with the Pier 400 project have 
progressed from stage I to stage II. Consequently, the geographic scope 
of the construction area is now larger, and the services of the Dredge 
FLORIDA must now be employed.
    These safety zones are necessary to safeguard recreational and 
commercial

[[Page 61631]]

vessels from the dangers of the dredging and landfill activities in the 
project area and to prevent interference with vessels engaged in these 
operations. All 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, CA.

Regulatory Assessment

    This interim 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 as vessel traffic can be directed 
around the area of the safety zones.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 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 considered the environmental impact of this 
regulation and concluded that under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. This regulation is expected to have no 
significant effect on the environment. A Categorical Exclusion 
Determination and Environmental Analysis Checklist is available for 
inspection and copying in the docket to be maintained at the address 
under ADDRESSES in this preamble.

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:
    1. The authority citation for 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. Section 165.1110 is revised to read as follows:


Sec. 165.1110  Safety Zone: Los Angeles Harbor--San Pedro Bay, CA.

    (a) Location. All waters within the following boundaries are 
established as safety zones:
    (1) Pier 400: Those waters of Los Angeles Harbor and San Pedro Bay 
in the vicinity of Pier 400 as defined by the lines connecting the 
following coordinates:


Latitude                             Longitude                          
                                                                        
33 deg.-44'-29.06'' N                118 deg.-14'-17.25'' W; thence to  
33 deg.-43'-48.06'' N                118 deg.-13'-59.25'' W; thence to  
33 deg.-43'-48.50'' N                118 deg.-14'-11.72'' W; thence to  
33 deg.-42'-46.17'' N                118 deg.-15'-04.78'' W; thence to  
33 deg.-43'-00.00'' N                118 deg.-15'-29.90'' W; thence to  
33 deg.-43'-21.94'' N                118 deg.-15'-41.51'' W; thence to  
33 deg.-43'-45.04'' N                118 deg.-15'-30.81'' W; thence to  
33 deg.-43'-58.55'' N                118 deg.-14'-44.38'' W; thence to  
33 deg.-44'-03.70'' N                118 deg.-14'-26.65'' W.            
                                                                        


and thence to the point of origin. All coordinates referred use 
Datum: NAD 83.

    (2) Shallow Water Habitat: Those waters of Los Angeles Harbor and 
San Pedro Bay as defined by the lines connecting the following 
coordinates.


Latitude                             Longitude                          
33 deg.-42'-32.10'' N                118 deg.-15'-00.00'' W; thence to  
33 deg.-42'-49.84'' N                118 deg.-15'-41.51'' W; thence to  
33 deg.-42'-47.06'' N                118 deg.-15'-58.26'' W; thence to  
33 deg.-42'-24.99'' N                118 deg.-15'-23.59'' W.            
                                                                        


and thence to the point of origin. All coordinate referred use 
Datum: NAD 83.

    (3) Moving Safety Zone: Dredge FLORIDA. All waters within 50 yards 
on all sides of the Dredge FLORIDA when it is in the waters of Los 
Angeles Harbor and San Pedro Bay, CA, and engaged in dredging 
operations associated with the Pier 400 project.
    (b) Effective Date. This section is effective from 6 A.M. PDT on 
July 22, 1997 until 11:59 P.M. PST on December 31, 1999, unless 
canceled earlier by the Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of the part, entry into, transit through, or anchoring 
within any of these safety zones is prohibited unless authorized by the 
Captain of the Port Los Angeles-Long Beach, CA.

    Dated: July 21, 1997.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 97-30292 Filed 11-18-97; 8:45 am]
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