[Federal Register: November 5, 2004 (Volume 69, Number 214)]
[Proposed Rules]
[Page 64546-64549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no04-27]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD11-04-005]
RIN 1625-AA01
Special Anchorage Regulations; Long Beach, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes the establishment of three special
anchorage areas in Long Beach, California where vessels less than 20
meters (approximately 65 feet) in length, and barges, canal boats,
scows, or other nondescript craft, would not be required to sound
signals required by Rule 35 of the Inland Navigation Rules. The
intended effect of these special anchorages is to reduce the risk of
vessel collisions within the harbors of Los Angeles and Long Beach by
grouping unmanned barges, which typically do not sound signals in
reduced visibility, within specified areas and indicating these
designated areas on charts. Vessels moored in these areas would not
have to sound signals in restricted visibility.
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
[[Page 64547]]
this rulemaking (CGD11-04-005), 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 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
The Coast Guard proposes to establish three new special anchorage
areas in Long Beach outer harbor. A ``special anchorage'' is an area on
the water where vessels less than 20 meters (approximately 65 feet) in
length, and barges, canal boats, scows, or other nondescript craft, are
not required to sound signals required by rule 35 of the Inland
Navigation Rules, codified at 33 U.S.C. 2035. The proposed regulations
would reconfigure existing anchorages to reflect current use of the
anchorage grounds. Currently, the primary users of these anchorages are
unmanned barges, with the majority of them being long-term users. By
establishing these areas as special anchorages, these barges would not
be required to sound signals in restricted visibility as prescribed in
Rule 35 of the Inland Navigation Rules. The anchorages are depicted on
the local charts, are well removed from fairways and are located where
general navigation will not endanger or be endangered by unmanned
barges not sounding signals in restricted visibility. The proposed new
special anchorages would also require modifications to two existing
anchorage grounds found in 33 CFR 110.214.
Discussion of Proposed Rule
The Coast Guard proposes to establish three new special anchorage
areas as follows: (B-1) Long Beach outer harbor along east side of Pier
400, (C-1) Long Beach outer harbor between Island Freeman and Island
Chaffee, and (E-1) Long Beach outer harbor northwest of Island Freeman.
The vessels traditionally moored in these locations are unmanned barges
that have been moored for long periods of time. The proposed rule would
exempt these vessels from having to sound signals during periods of
reduced visibility. The proposed regulation would also modify two
existing anchorage grounds found in 33 CFR 110.214.
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 proposal will impose no cost
on vessel operators, and have minimal impact to vessel traffic.
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 will 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 will encompass only a small portion of the
waterway and vessels can safely navigate around the anchored vessels.
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.
[[Page 64548]]
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 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 a
special 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. Amend Sec. 110.100 by adding paragraphs (c) through (f) to read
as follows:
Sec. 110.100 Los Angeles and Long Beach Harbors, CA
* * * * *
(c) Area B-1. Long Beach outer harbor along east side of Pier 400
beginning at latitude 33[deg]44'22.8'' N., longitude 118[deg]13'51.0''
W.; thence south to latitude 33[deg]43'54.5'' N., longitude
118[deg]13'50.0'' W.; thence southwesterly to latitude 33[deg]43'46.0''
N., longitude 118[deg]14'13.6'' W.; thence northwesterly to latitude
33[deg]44'15.3'' N., longitude 118[deg]14'26.6'' W.; thence
northeasterly to latitude 33[deg]44'25.1'' N., longitude
118[deg]14'15.6'' W.; thence easterly to the beginning point.
(d) Area C-1. Long Beach outer harbor between Island Freeman and
Island Chaffee beginning at latitude 33[deg]44'20.0'' N., longitude
118[deg]08'26.2'' W.; thence west to latitude 33[deg]44'23.5'' N.,
longitude 118[deg]09'32.6'' W.; thence north to latitude
33[deg]44'52.8'' N., longitude 118[deg]09'33.2'' W.; thence southeast
to latitude 33[deg]44'25.5'' N., longitude 118[deg]08'26.2'' W.; thence
south to the beginning point.
(e) Area E-1. Long Beach outer harbor northwest of Island Freeman
beginning at latitude 33[deg]44'55.0'' N., longitude 118[deg]09'40.0''
W.; thence southwesterly to latitude 33[deg]44'37.0'' N., longitude
118[deg]09'48.5'' W.; thence northwesterly to latitude 33[deg]44'52.0''
N., longitude 118[deg]10'32.0'' W.; thence north to latitude
33[deg]45'11.0'' N., longitude 118[deg]10'32.0'' W.
(f) Restrictions. Special anchorage areas B-1, C-1, and E-1 are
reserved for barges on mooring balls, unless otherwise authorized by
the Captain of the Port Los Angeles-Long Beach.
3. Revise Sec. --110.214 (b)(2) and (b)(5) to read as follows:
Sec. 110.214 Los Angeles and Long Beach Harbors, CA
* * * * *
(b) * * *
(b)(2) Commercial Anchorage B (Long Beach Harbor). An area enclosed
by a line joining the following coordinates:
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Latitude Longitude
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Beginning point.......................... 33[deg]44'37.0'' N. 118[deg]13'00.0'' W.
Thence south/southeast to................ 33[deg]44'12.0'' N. 118[deg]12'36.2'' W.
Thence southeast to...................... 33[deg]43'38.2'' N. 118[deg]11'36.9'' W.
Thence southwest to...................... 33[deg]43'26.1'' N. 118[deg]11'47.2'' W.
Thence west to........................... 33[deg]43'26.1'' N. 118[deg]12'22.7'' W.
Thence west/southwest to................. 33[deg]42'58.9'' N. 118[deg]13'53.0'' W.
Thence north/northwest to................ 33[deg]43'46.0'' N. 118[deg]14'13.6'' W.
Thence east/northeast to................. 33[deg]43'54.5'' N. 118[deg]13'50.0'' W.
Thence north to.......................... 33[deg]44'22.8'' N. 118[deg]13'51.0'' W.
Thence east/northeast to the beginning
point.
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* * * * *
(b)(5) Commercial Anchorage E (Long Beach Harbor). An area enclosed
by a line joining the following coordinates:
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Latitude Longitude
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Beginning point.......................... 33[deg]44'37.0'' N. 118[deg]09'48.5'' W.
Thence southwest to...................... 33[deg]44'18.5'' N. 118[deg]09'56.8'' W.
Thence west to........................... 33[deg]44'18.5'' N. 118[deg]10'27.2'' W.
Thence northwest to...................... 33[deg]44'27.6'' N. 118[deg]10'41.0'' W.
Thence west/northwest to................. 33[deg]44'29.0'' N. 118[deg]10'57.4'' W.
Thence north/northwest to................ 33[deg]45'06.4'' N. 118[deg]11'09.5'' W.
Thence northeast to...................... 33[deg]45'15.2'' N. 118[deg]10'46.1'' W.
Thence southeast to...................... 33[deg]45'11.0'' N. 118[deg]10'32.0'' W.
Thence south to.......................... 33[deg]44'52.0'' N. 118[deg]10'32.0'' W.
Thence southeast to the beginning point.
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* * * * *
Dated: October 25, 2004.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 04-24687 Filed 11-4-04; 8:45 am]
BILLING CODE 4910-15-P