[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Proposed Rules]
[Pages 10043-10044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4409]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 110

[CGD11-95-001]
RIN 2115-AA98


Anchorage Grounds; Pacific Ocean at Santa Catalina Island, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to reduce the Isthmus Cove Anchorage 
Grounds off Santa Catalina Island, CA to exclude the area designated as 
the Wrigley Marine Science Center Marine Life Refuge, formerly known as 
the Catalina Marine Science Center Marine Life Refuge, from the Isthmus 
Cove Anchorage Grounds. The Coast Guard proposes to voluntarily reduce 
the geographic limits of the Anchorage Grounds at the suggestion of the 
State of California. In establishing the Marine Life Refuge, California 
has prohibited unauthorized anchoring in the affected area under state 
law. In order to reduce confusion among recreational and commercial 
mariners, and in order to enhance the safety of navigation in support 
of the efforts of the State of California, the Coast Guard proposes to 
exclude the area encompassed by the Marine Life Refuge from the 
Anchorage Grounds.

DATES: Comments must be received on or before April 24, 1995.

ADDRESSES: Comments may be mailed to Commander (oan), Eleventh Coast 
Guard District, 501 W. Ocean Blvd., Suite 6200, Long Beach, CA 90822-
5399, Attn: CGD11-95-001, or may be delivered to the same address 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant P. C. Barnett, Aids to Navigation and Waterways Management 
Branch, telephone (310) 980-4300, extension 513.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this proposed rulemaking by submitting written data, views, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD11-95-001) and the specific 
section of the proposal to which each comment applies, and give the 
reason for each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If not practical, a second copy of any bound 
materials is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope. 
The Coast Guard will consider all comments received during the comment 
period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Project Manager at the address under 
ADDRESSES. The request should include reasons why a hearing would be 
[[Page 10044]] beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant P.C. Barnett, Eleventh Coast Guard District, Aids to 
Navigation and Waterways Management Branch, Project Officer, and 
Lieutenant R.J. Barber, Eleventh Coast Guard District Legal Office, 
Project Attorney.

Background and Purpose

    The Isthmus Cove Anchorage Grounds (the Anchorage) were codified by 
final rulemaking CGFR 67-46, published in 32 FR 17728 (December 12, 
1967). The Wrigley Marine Science Center (the Center) was built during 
that same year. The Center's primary function was and continues to be 
to provide an environment that facilitates scientific investigation. It 
was intentionally located in close proximity to a virtually undisturbed 
marine environment to allow researchers the opportunity to conduct 
long-term underwater investigations of sea life under conditions where 
human influences are minimal.
    In 1988, the state of California established the Wrigley Marine 
Science Center Marine Life Refuge (the Refuge), formerly known as the 
Catalina Marine Science Center Marine Life Refuge, near the Center. A 
portion of the waters of the Refuge is located within the waters of the 
Anchorage.
    In order to protect and preserve the delicate ecosystem of the 
Refuge and to prevent damage caused by anchors to the valuable 
scientific equipment being used to conduct research within the Refugee, 
the state of California, as part of the original legislation 
establishing the Refuge, prohibits unauthorized anchoring and mooring 
within the Refuge.

Discussion of Proposed Regulations

    The proposed amendment to the Isthmus Cove Anchorage Grounds 
regulation seeks to reduce the size of the Anchorage by removing from 
it the waters located in Fisherman Cove and those waters shoreward from 
a line extending approximately 50 yards from shore connecting Blue 
Cavern Point to Fisherman Cove. In order to reduce confusion among 
recreational and commercial mariners, and in order to enhance the 
safety of navigation in support of the efforts of the State of 
California, the Coast Guard proposes to exclude the area encompassed by 
the Marine Life Refuge from the Anchorage Grounds.
    The proposed amendment to the regulation also describes the 
Anchorage more accurately by using coordinates in addition to making 
reference to well-known landmarks.

Regulatory Evaluation

    This proposal is not a significant regulatory action under Section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under Section 6(a)(3) of that Order. It 
has been exempted from review by the Office of Management and Budget 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the Department of Transportation regulatory policies 
and procedures is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal would have significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because it expects the impact of this proposal to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposal, if adopted, will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend Part 110 of Title 33, Code of Federal Regulations, as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and 
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a 
is also issued under 33 U.S.C. 1223 and 1231.

    2. Section 110.216 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 110.216  Pacific Ocean at Santa Catalina Island, CA

    (a) * * *
    (2) Isthmus Cove. All the waters bounded by a line connecting the 
following coordinates, beginning at 33 deg.-27'-12'' N, 118 deg.-30'-
05'' W (the promontory known as Lion Head); thence southeast to 
33 deg.-26'-55.5'' N, 118 deg.-28'-44'' W; thence west-southwest to 
33 deg.-26'-50'' N, 118 deg.-29'-08'' W; thence southwest to 33 deg.-
26'-39'' N, 118 deg.-29'-19'' W; thence along the shoreline returning 
to the point of origin, excluding the following-described non-anchorage 
area: an area 300 feet wide (170 feet west and 130 feet east of the 
centerline of the Catalina Island Steamship Line pier), extending 1600 
feet from the root of the pier, and an area 150 feet seaward of the 
shoreline extending approximately 1500 feet east and 1500 feet 
northwest of the centerline of said pier.
* * * * *
    Dated: January 19, 1995.
D.D. Polk,
Captain, U.S. Coast Guard Commander, Eleventh Coast Guard District, 
Acting.
[FR Doc. 95-4409 Filed 2-22-95; 8:45 am]
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