[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23218-23220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11224]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is adopting as final with changes an interim 
rule that modified the locations of two safety zones and created an 
additional moving safety zone surrounding the Dredge FLORIDA while 
engaged in dredging operations associated with Stage II of the Pier 400 
project, in Los Angeles Harbor and San Pedro Bay, CA.

DATES: This regulation is effective from 6 a.m. PDT on May 28, 1998 
until 11:59 PST on December 31, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Office Los 
Angeles-Long Beach, 165 N. Pico Avenue, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Lieutenant Keith Whiteman, Chief, Port 
Safety and Security Division, Marine Safety Office Los Angeles-Long 
Beach; (562) 980-4454.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On November 19, 1997, the Coast Guard published an interim rule 
with request for comments for this regulation in the Federal Register 
(62 FR 61630). The public was given until January 20, 1998, to comment 
on the regulation. No public comments were received with respect to the 
interim rule.

Background and Purpose

    In the interim rule, the Coast Guard revised the safety zone 
boundaries codified in 33 CFR Part 165.1110 to better conform with the 
location of dredging and landfill activities associated with stage II 
of the Pier 400 project. The Coast Guard also added a third safety zone 
encompassing all navigable waters within 50 yards on all sides of the 
Dredge FLORIDA while it is engaged in dredging operations relating to 
the Pier 400 project, provided the FLORIDA is located within 3 nautical 
miles of the baseline from which the United States' territorial sea is 
measured. The new safety zones will remain in effect for the duration 
of the Pier 400 project.

[[Page 23219]]

Discussion of Regulation

    The construction of Stage II of the Pier 400 project officially 
began on July 15, 1997. These revised safety zones are necessary for 
safeguarding recreational and commercial 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.

Discussion of Changes

    The safety zones published in the interim rule with request for 
comments (62 FR 61630) are being adopted with a correction to one of 
the latitudinal coordinates defining the boundary of the Pier 400 
safety zone: the correct third latitudinal coordinate defining the 
boundary of the Pier 400 safety zone is 33 deg.43'3.50''N, vice 
33 deg.43'48.50''N, which was incorrectly published in the interim 
rule. This change actually decreases the size of the safety zone and 
will not negatively impact port users.

Regulatory Assessment

    The 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. Due to the limited 
geographical scope of the exclusionary areas created by this rule, only 
minor delays to mariners are foreseen, as vessel traffic can be 
directed around the area of the safety zones.

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 Keith Whiteman, 
Marine Safety Office Los Angeles-Long Beach, Long Beach, CA, at (562) 
980-4454.

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.b.(34)(g) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation. This regulation is not 
expected to individually or cumulatively have a significant effect on 
the human environment. A Categorical Exclusion Determination and an 
Environmental Analysis Checklist is available for inspection and 
copying in the docket to be maintained where indicated under ADDRESSES.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    Accordingly, the interim rule amending 33 CFR part 165 which was 
published at 62 FR 61630 on November 19, 1997, is adopted as a final 
rule with the following change:

PART 52--[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), 
6.04-1, 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. The following areas 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                          
                                                                        
33-44'-29.06''N                      118-14'-17.25''W                   
33-43'-48.06''N                      118-13'-59.25''W                   
33-43'-03.50''N                      118-14'-11.72''W                   
33-42'-45.17''N                      118-15'-04.78''W                   
33-43'-00.00''N                      118-15'-29.90''W                   
33-43'-21.94''N                      118-15'-41.51''W                   
33-43'-45.04''N                      118-15'-30.81''W                   
33-43'-58.55''N                      118-14'-44.38''W                   
33-44'-03.70''N                      118-14'-26.65''W                   
                                                                        

and thence to the point of origin. All coordinates use Datum: NAD 83.
    (2) Shallow Water Habitat Extension: Those waters of Los Angeles 
Harbor and San Pedro Bay as defined by the lines connecting the 
following coordinates.


Latitude                             Longitude                          
                                                                        
33-42'-32.10''N                      118-15'-00.00''W                   
33-42'-49.84''N                      118-15'-41.51''W                   
33-42'-47.06''N                      118-15'-58.26''W                   
33-42'-24.99''N                      118-15'-23-59''W                   
                                                                        

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

[[Page 23220]]

    (3) Moving Safety Zone: Dredge FLORIDA. All waters within 50 yards 
on all sides of the Dredge FLORIDA, when it is within three nautical 
miles of the base line from which the United States territorial sea is 
measured and engaged in dredging operations associated with the Pier 
400 project.
    (b) Dates. This section is effective from 6 a.m. PDT on May 28, 
1998 through 11:59 p.m. PST on December 31, 1999.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this 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: April 13, 1998.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 98-11224 Filed 4-27-98; 8:45 am]
BILLING CODE 4910-15-M