Proposed Rule2022-07504
Safety Zone; Demolition of Gerald Desmond Bridge; Long Beach, California
Primary source
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Published
April 8, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for waters near Gerald Desmond Bridge during demolition. This action is necessary to provide for the safety of life on these navigable waters near Long Beach, CA, during period where the over-the- water portion of the Gerald Desmond Bridge will be subject to demolition from May 7, through May 9, 2022. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port (COTP), Los Angeles-Long Beach, or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20798-20800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07504]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0181]
RIN 1625-AA00
Safety Zone; Demolition of Gerald Desmond Bridge; Long Beach,
California
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for waters near Gerald Desmond Bridge during demolition. This
action is necessary to provide for the safety of life on these
navigable waters near Long Beach, CA, during period where the over-the-
water portion of the Gerald Desmond Bridge will be subject to
demolition from May 7, through May 9, 2022. This proposed rulemaking
would prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port (COTP), Los Angeles-Long Beach,
or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 25, 2022.
ADDRESSES: You may submit comments identified by docket number USCG
2022-0181 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Maria Wiener at Sector Los
Angeles-Long Beach Waterways Management Branch at (310) 521-3860 or
email <a href="/cdn-cgi/l/email-protection#e1a5d0d0ccb2aca3ccb28482958e93ada0ada3ccb6b6aca194928286cf8c888d"><span class="__cf_email__" data-cfemail="bafe8b8b97e9f7f897e9dfd9ced5c8f6fbf6f897ededf7facfc9d9dd94d7d3d6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 3, 2022, the Port of Long Beach notified the Coast Guard
that it will be conducting demolition of the
[[Page 20799]]
Gerald Desmond Bridge from 12:01 a.m. on May 7, 2022, to 11:59 p.m. on
May 9, 2022. The demolition will take place at mile 3.3 over Long Beach
Harbor on the section of the bridge that is over the water. Hazards
from demolition include falling debris and construction work conducted
on a barge that will be moored in such a way that it blocks the entire
channel. The Captain of the Port (COTP), Los Angeles-Long Beach has
determined that potential hazards associated with the demolition of the
replacement and removal of Gerald Desmond Bridge would be a safety
concern for anyone within a 100-yard radius of the bridge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 100-yard radius of the Gerald Desmond
Bridge before, during, and after the scheduled event. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).]
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 12:01 a.m. on
May 7, 2022, to 11:59 p.m. on May 9, 2022, with a contingency date of
May 14 through May 16, 2022. The safety zone would cover all navigable
within 100-yards of the over-water portion of the Gerald Desmond
Bridge, located approximately at mile 3.3 over Long Beach Harbor, CA.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled
demolition. There will be no maritime access to transit to and from
middle harbor Long Beach to inner harbor Long Beach in vicinity of the
Gerald Desmond Bridge. A contingency time window for the 48-hour
closure would start at 12:01 a.m. on May 14, 2022, and end at 11:59
p.m. on May 16, 2022, in case of an unexpected event forcing a change
in schedule. The COTP would announce the dates and times of enforcement
via local notice to mariners. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on potential hazards
associated with the demolition of the replacement and removal of Gerald
Desmond Bridge.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
see ADDRESSES explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on
[[Page 20800]]
the human environment. This proposed rule involves a safety zone
lasting 48 hours that would prohibit entry within 100-yards of the
potential hazards associated with the demolition of the replacement and
removal of the over-water portion of the Gerald Desmond Bridge.
Normally such actions are categorically excluded from further review
under paragraph L of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0181 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T11-0181 to read as follows:
Sec. 165.T11-0181 Safety Zone; Demolition of Gerald Desmond Bridge;
Long Beach, California.
(a) Location. The safety zone covers all navigable waters within
100-yards of the over-the-water portion of the Gerald Desmond Bridge,
located approximately at mile 3.3 over Long Beach, CA.
(b) Effective period. This section is effective from 12:01 a.m. on
May 7, 2022 until 11:59 p.m. on May 16, 2022.
(c) Enforcement period. This section will be enforced from 12:01
a.m. on May 7, 2022 through 11:59 p.m. on May 9, 2022. In case of
unexpected events, a contingency enforcement time window for the 48-
hour closure starts at 12:01 a.m. on May 14, 2022, and ends at 11:59
p.m. on May 16, 2022.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of vessels or persons into the zone is prohibited
unless specifically authorized by the Captain of the Port Los Angeles
Long Beach (COTP) or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units under the operational control of
the COTP.
(2) In the event of an emergency, vessels requiring entry into the
safety zone must request permission from the COTP or a designated
representative. To seek entry into the safety zone, contact the COTP or
the COTP's representative by telephone at (310) 521-3801 or on VHF-FM
channel 16. To coordinate the movement of vessel traffic, vessel
operators may contact the Jacobsen Pilot Station at (562) 432-0664 or
the Water Traffic Coordinator, Andres Velasco, at (602) 376-5765.
(3) Persons and vessels permitted to enter the safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public when the safety zone is being enforced via a
Broadcast Notices to Mariners.
Dated: April 1, 2022.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach.
[FR Doc. 2022-07504 Filed 4-7-22; 8:45 am]
BILLING CODE 9110-04-P
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