[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Rules and Regulations]
[Pages 29758-29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13779]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 110

[CGD11-95-001]
RIN 2115-AA98


Anchorage Grounds; Pacific Ocean at Santa Catalina Island, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is reducing the Isthmus Cove Anchorage Grounds 
of 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 is voluntarily reducing 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. By excluding the area encompassed by the Marine Life Refuge from 
the Anchorage Grounds, this action will reduce confusion among 
recreational and commercial mariners, and enhance the safety of 
navigation in support of the efforts of the State of California.

EFFECTIVE DATE: This rule is effective July 6, 1995.

FOR FURTHER INFORMATION CONTACT: [[Page 29759]] 
Lieutenant P.C. Barnett, Aids to Navigation and Waterways Management 
Branch, telephone (310) 980-4300, extension 513

SUPPLEMENTARY INFORMATION: 

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.

Regulatory History

    On February 23, 1995, the Coast Guard published a notice of 
proposed rulemaking for these regulations in the Federal Register (60 
FR 10043). The comment period ended April 24, 1995. The Coast Guard 
received no comments on the proposal. A public hearing was not 
requested and no hearing was held.

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 Refuge, 
the state of California, as part of the original legislation 
establishing the Refuge, prohibits unauthorized anchoring and mooring 
within the Refuge.
    This amendment to the Isthmus Cove Anchorage Grounds reduces 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. It reduces confusion among recreational and commercial 
mariners, and enhances the safety of navigation in support of the 
efforts of the State of California, by excluding the area encompassed 
by the Marine Life Refuge from the Anchorage Grounds.
    This amendment also describes the Anchorage more accurately by 
using coordinates in addition to making reference to well-known 
landmarks.

Regulatory Evaluation

    This regulation 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 26, 1979). The Coast Guard expects the 
economic impact of this rulemaking 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 rulemaking 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 rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This rule 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 rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule 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 
rulemaking and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Final Regulations

    In consideration of the foregoing, the Coast Guard is amending 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 foot 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.

Datum: NAD 83

 * * * * *
    Dated: May 25, 1995.
R. A. Appelbaum,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 95-13779 Filed 6-5-95; 8:45 am]
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