[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15035-15037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2876]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD11-04-005]
RIN 1625-AA01


Special Anchorage Regulations; Long Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing three special anchorage areas 
in Long Beach, California where vessels less than 20 meters 
(approximately 65 feet) in length, and barges, canal boats, scows, or 
other nondescript craft, would not be required to sound signals 
required by Rule 35 of the Inland Navigation Rules. The effect of these 
special anchorages is to reduce the risk of vessel collisions within 
the harbors of Los Angeles and Long Beach by grouping unmanned barges, 
which typically do not sound signals in reduced visibility, within 
specified areas and indicating these designated areas on charts. 
Vessels moored in these areas will not have to sound signals in 
restricted visibility.

DATES: Effective Date: April 26, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD11-04-005 and are available for inspection or 
copying at Sector 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 Waterways Management Division, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On November 5, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Special Anchorage Regulations; Long Beach, CA in the 
Federal Register (69 FR 64546). We received no letters commenting on 
the proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The Coast Guard is establishing three new special anchorage areas 
in Long Beach outer harbor. A ``special anchorage'' is an area on the 
water where vessels less than 20 meters (approximately 65 feet) in 
length, and barges, canal boats, scows, or other nondescript craft, are 
not required to sound signals required by rule 35 of the Inland 
Navigation Rules, codified at 33 U.S.C. 2035. The regulations will 
reconfigure existing anchorages to reflect current use of the anchorage 
grounds. Currently, the primary users of these anchorages are unmanned 
barges, with the majority of them being long-term users. By 
establishing these areas as special anchorages, these barges will not 
be required to sound signals in restricted visibility as prescribed in 
Rule 35 of the Inland Navigation Rules. The anchorages are depicted on 
the local charts, are well removed from fairways and are located where 
general navigation will not endanger or be endangered by unmanned 
barges not sounding signals in restricted 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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. This rule will impose no cost on vessel 
operators, and have minimal impact to vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered

[[Page 15036]]

whether this 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule will 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 will not, however, be significant since 
this zone will encompass only a small portion of the waterway and 
vessels can safely navigate around the anchored vessels.

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. However, we 
received no requests for assistance from any small entities.
    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 might 
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 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.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 a 
special anchorage area.
    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.  110.100, add paragraphs (c), (d), (e), and (f) to read as 
follows:

[[Page 15037]]

Sec.  110.100  Los Angeles and Long Beach Harbors, CA

* * * * *
    (c) Area B-1. Long Beach outer harbor along east side of Pier 400 
beginning at latitude 33[deg]44'22.8'' N., longitude 118[deg]13'51.0'' 
W.; thence south to latitude 33[deg]43'54.5'' N., longitude 
118[deg]13'50.0'' W.; thence southwesterly to latitude 33[deg]43'46.0'' 
N., longitude 118[deg]14'13.6'' W.; thence northwesterly to latitude 
33[deg]44'15.3'' N., longitude 118[deg]14'26.6'' W.; thence 
northeasterly to latitude 33[deg]44'25.1'' N., longitude 
118[deg]14'15.6'' W.; thence easterly to the beginning point.
    (d) Area C-1. Long Beach outer harbor between Island Freeman and 
Island Chaffee beginning at latitude 33[deg]44'20.0'' N., longitude 
118[deg]08'26.2'' W.; thence west to latitude 33[deg]44'23.5'' N., 
longitude 118[deg]09'32.6'' W.; thence north to latitude 
33[deg]44'52.8'' N., longitude 118[deg]09'33.2'' W.; thence southeast 
to latitude 33[deg]44'25.5'' N., longitude 118[deg]08'26.2'' W.; thence 
south to the beginning point.
    (e) Area E-1. Long Beach outer harbor northwest of Island Freeman 
beginning at latitude 33[deg]44'55.0'' N., longitude 118[deg]09'40.0'' 
W.; thence southwesterly to latitude 33[deg]44'37.0'' N., longitude 
118[deg]09'48.5'' W.; thence northwesterly to latitude 33[deg]44'52.0'' 
N., longitude 118[deg]10'32.0'' W.; thence north to latitude 
33[deg]45'11.0'' N., longitude 118[deg]10'32.0'' W.
    (f) Restrictions. Special anchorage areas B-1, C-1, and E-1 are 
reserved for barges on mooring balls, unless otherwise authorized by 
the Captain of the Port Los Angeles-Long Beach.
0
3. In Sec.  110.214, revise paragraphs (b)(2) and (5) to read as 
follows:


Sec.  110.214  Los Angeles and Long Beach Harbors, CA

* * * * *
    (b) * * *
    (2) Commercial Anchorage B (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33 deg.-44'-37.0'' N  118 deg.-13'-00.0''
                                                     W.
Thence south/southeast to...  33 deg.-44'-12.0'' N  118 deg.-12'-36.2''
                                                     W.
Thence southeast to.........  33 deg.-43'-38.2'' N  118 deg.-11'-36.9''
                                                     W.
Thence southwest to.........  33 deg.-43'-26.1'' N  118 deg.-11'-47.2''
                                                     W.
Thence west to..............  33 deg.-43'-26.1'' N  118 deg.-12'-22.7''
                                                     W.
Thence west/southwest to....  33 deg.-42'-58.9'' N  118 deg.-13'-53.0''
                                                     W.
Thence north/northwest to...  33 deg.-43'-46.0'' N  118 deg.-14'-13.6''
                                                     W.
Thence east/northeast to....  33 deg.-43'-54.5'' N  118 deg.-13'-50.0''
                                                     W.
Thence north to.............  33 deg.-44'-22.8'' N  118 deg.-13'-51.0''
                                                     W.
Thence east/northeast to the
 beginning point.
------------------------------------------------------------------------

* * * * *
    (5) Commercial Anchorage E (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............  33 deg.-44'-37.0'' N  118 deg.-09'-48.5''
                                                     W.
Thence southwest to.........  33 deg.-44'-18.5'' N  118 deg.-09'-56.8''
                                                     W.
Thence west to..............  33 deg.-44'-18.5'' N  118 deg.-10'-27.2''
                                                     W.
Thence northwest to.........  33 deg.-44'-27.6'' N  118 deg.-10'-41.0''
                                                     W.
Thence west/northwest to....  33 deg.-44'-29.0'' N  118 deg.-10'-57.4''
                                                     W.
Thence north/northwest to...  33 deg.-45'-06.4'' N  118 deg.-11'-09.5''
                                                     W.
Thence northeast to.........  33 deg.-45'-15.2'' N  118 deg.-10'-46.1''
                                                     W.
Thence southeast to.........  33 deg.-45'-11.0'' N  118 deg.-10'-32.0''
                                                     W.
Thence south to.............  33 deg.-44'-52.0'' N  118 deg.-10'-32.0''
                                                     W.
Thence southeast to the
 beginning point.
------------------------------------------------------------------------

* * * * *

    Dated: March 16, 2006.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 06-2876 Filed 3-24-06; 8:45 am]
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