[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Proposed Rules]
[Pages 64551-64553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24685]


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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

[[Page 64552]]

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

[[Page 64553]]

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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