[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Rules and Regulations]
[Pages 28424-28426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9916]


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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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