[Federal Register: May 18, 2005 (Volume 70, Number 95)]
[Rules and Regulations]
[Page 28424-28426]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my05-7]
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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: Final rule.
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SUMMARY: The Coast Guard has established three anchorage areas outside
Avalon Bay, Santa Catalina Island, California, for large passenger
vessels. This rule provides designated anchorage grounds outside the
harbor, thereby allowing safe and secure anchorage for an increasing
number of large passenger vessels. This rule increases safety for
vessels by enhancing voyage planning and by alerting other recreational
and commercial vessels to potential anchorage locations for these large
vessels.
DATES: This rule is effective June 17, 2005.
ADDRESSES: 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 Peter Gooding, USCG, Chief
of the Waterways Management Division, at (310) 732-2020.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 5, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Anchorage Ground; Pacific Ocean at Santa Catalina
Island, Calif. in the Federal Register (69 FR 214). We received no
letters
[[Page 28425]]
commenting on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
Large passenger vessels calling on Avalon, Santa Catalina Island,
California 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 Comments and Changes
The Coast Guard received no comments on this rule and has not
changed the regulations from the published NPRM.
Regulatory Evaluation
This 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).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may 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 will not, however, be significant since
this zone encompasses only a small portion of the waterway and vessels
could safely navigate around the anchored vessels. Additionally, large
passenger vessels already routinely anchor within these anchorage
areas.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121) we offered to assist small
entities in understanding the 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 or you have
questions concerning its provisions or options for compliance, please
contact Petty Officer Adam Proctor, U.S. Coast Guard Sector San Diego
at (619) 683-6435.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).
Collection of Information
This rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this 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
[[Page 28426]]
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
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.
0
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
33[deg]20'59.0'' N, 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 33[deg]20'38.3'' N,
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 33[deg]21'21.0'' N,
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: May 6, 2005.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, District Commander, Eleventh Coast
Guard District.
[FR Doc. 05-9916 Filed 5-17-05; 8:45 am]
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