[Federal Register: November 5, 2004 (Volume 69, Number 214)]
[Proposed Rules]
[Page 64551-64553]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no04-29]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD11-04-006]
RIN 1625-AA01
Anchorage Ground; Pacific Ocean at Santa Catalina Island, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish three anchorage areas
outside Avalon Bay, Santa Catalina Island, California, for large
passenger vessels. This proposed rule is necessary to provide
designated anchorage grounds outside the harbor thereby allowing safe
and secure anchorage for an increasing number of large passenger
vessels. This rule is intended to increase safety for vessels by
enhancing voyage planning and by alerting other recreational and
commercial vessels to potential anchorage locations for these large
vessels.
DATES: Comments and related material must reach the Coast Guard on or
before January 4, 2005.
ADDRESSES: You may mail comments and related material to Commanding
Officer, Coast Guard Marine Safety Office/Group Los Angeles-Long Beach,
1001 South Seaside Avenue, Building 20, San Pedro, California 90731.
The Port Operations Department maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at Marine Safety Office/Group Los Angeles-Long Beach, 1001
South Seaside Avenue, Building 20, San Pedro, California, 90731,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Ryan Manning, USCG, Chief
of Waterways Management Division, at (310) 732-2020.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD11-04-
006), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Marine Safety Office/Group Los
Angeles-Long Beach at the address under ADDRESSES explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
Large passenger vessels calling on Avalon, Santa Catalina Island,
are forced to anchor offshore due to limited docking capabilities in
Avalon Harbor. While these vessels have been anchoring in this location
for over 15 years, there has never been a designated anchorage area or
annotation on the NOAA chart to indicate these activities. However,
with the increase in large passenger vessel operations in Southern
California and multiple ships visiting Avalon Harbor on the same day,
it is becoming apparent that designated anchorage areas are needed to
ensure the safety and security of these vessels. In developing the
proposed rule, the Coast Guard consulted various owners and masters of
the large passenger vessels currently calling on Avalon Harbor.
Designated anchorages and the subsequent chart annotations will
help ensure recreational and commercial boaters are aware that large
passenger vessels may be anchored in these locations. This will be most
helpful in conditions of low visibility.
Discussion of Proposed Rule
The proposed rule will establish three anchorage areas in which
large passenger vessels calling on Avalon, Santa Catalina Island will
be able to anchor safely. The locations of the anchorage grounds
discussed in this proposed rule are within the same area that the large
passenger vessels currently anchor. The proposed anchorage positions
were chosen due to the rapid increase in water depth within close
proximity to Santa Catalina Island. This increased depth of water does
not allow for safe anchoring of the passenger vessels at distances
further offshore than the proposed positions.
We propose to establish these anchorages due to the increase in
large passenger vessel operations in this area, the need to maintain
positive control in the event of increased security posture, and for
the safety of other vessels operating in Avalon Bay. The proposed
anchorage areas are of sufficient size to allow up to three large
passenger vessels to anchor and still maintain safe navigation fairways
available for other vessels to proceed to and from Avalon Harbor. The
proposed regulation does not intend to exclude fishing activity or
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the transit of vessels in the anchorage areas. However, the Coast Guard
does intend to advise boaters to proceed with caution in order to
minimize the disruption that large wakes can cause during the transfer
of passengers between the passenger vessels and ferries.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This conclusion is based upon the
fact that there would be no fees, permits, or specialized requirements
for the maritime industry to utilize these anchorage areas. The
regulation is solely for the purpose of advancing the safety of
maritime commerce and navigation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This rule would possibly affect the following
entities, some of which may be small entities: The owners and operators
of private and commercial vessels intending to transit or anchor in the
affected area. The impact to these entities would not, however, be
significant since this zone would encompass only a small portion of the
waterway and vessels could safely navigate around the anchored vessels.
Additionally, large passenger vessels already routinely anchor within
the proposed anchorage areas.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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.
Assistance for Small Entities
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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Ryan Manning, Chief
of Waterways Management Division, at (310) 732-2020.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or
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adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(f), of the Instruction, from further
environmental documentation because we are proposing to create an
anchorage area.
A draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation
No. 0170.1.
2. In Sec. 110.216 add new paragraphs (a)(3) and (b)(6) to read as
follows:
Sec. 110.216 Pacific Ocean at Santa Catalina Island, Calif.
(a) * * *
(3) Avalon Bay. (i) Anchorage A. The waters within an area
described as follows: A circle of 1350 feet radius centered at latitude
33[deg]20'59.0'' N., longitude 118[deg]18'56.2'' W.
(ii) Anchorage B. The waters within an area described as follows: A
circle of 1350 feet radius centered at latitude 33[deg]20'38.3'' N.,
longitude 118[deg]18'35.8'' W.
(iii) Anchorage C. The waters within an area described as follows:
A circle of 1350 feet radius centered at latitude 33[deg]21'21.0'' N.,
longitude 118[deg]19'16.7'' W.
(b) * * *
(6) The Avalon Bay anchorage is reserved for large passenger
vessels of over 1600 gross tons, unless otherwise authorized by the
Captain of the Port Los Angeles-Long Beach.
Dated: October 25, 2004.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 04-24685 Filed 11-4-04; 8:45 am]
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