Rule2022-14386
Safety Zone; Lowering of Gerald Desmond Bridge; Long Beach, California
Primary source
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Published
July 7, 2022
Effective
July 9, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for waters near Gerald Desmond Bridge during the removal of the over-the- water span. This action is necessary to provide for the safety of life on these navigable waters near Long Beach, CA, from July 9 through July 11, 2022, where the over-the-water portion of the Gerald Desmond Bridge will be lowered and transported to pier T, Port of Long Beach. This rulemaking will 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.
Full Text
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<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40449-40451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14386]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0547]
RIN 1625-AA00
Safety Zone; Lowering of Gerald Desmond Bridge; Long Beach,
California
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters near Gerald Desmond Bridge during the removal of the over-the-
water span. This action is necessary to provide for the safety of life
on these navigable waters near Long Beach, CA, from July 9 through July
11, 2022, where the over-the-water portion of the Gerald Desmond Bridge
will be lowered and transported to pier T, Port of Long Beach. This
rulemaking will 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.
DATES: This rule is effective from 12:01 a.m. on July 9, 2022, through
11:59 p.m. July 11, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0547 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
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#460277776b150b046b1523253229340a070a046b11110b0633352521682b2f2a"><span class="__cf_email__" data-cfemail="eda9dcdcc0bea0afc0be888e99829fa1aca1afc0babaa0ad989e8e8ac3808481">[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 Information and Regulatory History
On March 3, 2022, the Port of Long Beach notified the Coast Guard
that it will be removing the over-the-water span of the Gerald Desmond
Bridge from 12:01 a.m. on July 9, 2022, to 11:59 p.m. on July 11, 2022.
The removal will take place at mile 3.3 over Long Beach Harbor on the
section of the bridge that is over the water. Hazards from removal
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 removal of Gerald Desmond Bridge
would be a safety concern for anyone within a 200-yard radius of
freight barge FOSS 3612 (O.N. 1255436) during lowering and transport of
the bridge span.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable; the Coast Guard
must establish this safety zone by July 9, 2022. This urgent safety
zone is required to protect the maritime public and the surrounding
waterways from hazards associated with the bridge lowering and removal
project. The Coast Guard lacks sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because action is needed
to ensure the safety of life on the navigable waters near Long Beach,
CA, during the bridge demolition activities scheduled to begin on July
9, 2022.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Los
Angeles--Long Beach (COTP) has determined that potential hazards
associated with the Gerald Desmond Bridge span removal and transport on
July 9 through July 11, 2022, will be a safety concern for waterways
users within a 200-yard radius of freight barge FOSS 3612 (O.N.
1255436). This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
before, during, and after the scheduled demolition.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 200-yard radius north of the bridge
to 1,000-yard radius south of the Gerald Desmond Bridge before, during,
and after the scheduled event. The Coast Guard is issuing this
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C.
1231).
IV. Discussion of the Rule
The COTP is establishing a safety zone from 12:01 a.m. on July 9,
2022, to 11:59 p.m. on July 11, 2022. The safety zone covers all
navigable waters within a 200-yard radius of freight barge FOSS 3612
(O.N. 1255436). The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled lowering of the over-water-span of the Gerald Desmond
Bridge. The COTP will announce the dates and times of enforcement via
local notice to mariners. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text appears at the end of
this document.
V. Regulatory Analyses
We developed this 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.
[[Page 40450]]
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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size location
and duration of the safety zone. The safety zone will only last 3 days
and will be limited in size to the area around the 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 rule
will 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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 48 hours that would prohibit entry within a 200-
yard radius surrounding freight barge FOSS 3612 (O.N. 1255436) due to
potential hazards associated with the removal and transport of the
over-water portion of the Gerald Desmond Bridge. It is categorically
excluded from further review under paragraph L of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A 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.
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.
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 amends
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.T11-104 to read as follows:
Sec. 165.T11-104 Safety Zone; Lowering of Gerald Desmond Bridge;
Long Beach, California.
(a) Location. The safety zone covers all navigable waters within
200-yard radius surrounding freight barge FOSS 3612 (O.N. 1255436) due
to potential hazards associated with the removal and transport of the
over-water portion of the Gerald Desmond Bridge, located approximately
at mile 3.3 over Long Beach Harbor on the section of the bridge that is
over the water.
(b) Effective period. This section is effective from 12:01 a.m. on
July 9, 2022, until 11:59 p.m. on July 11, 2022.
(c) Enforcement period. This section will be enforced from 12:01
a.m. on July 9, 2022, through 11:59 p.m. on July 11, 2022.
[[Page 40451]]
(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: June 30, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long
Beach.
[FR Doc. 2022-14386 Filed 7-6-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.