[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Rules and Regulations]
[Pages 67300-67303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25642]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2012-0967]
RIN 1625-AA01


Anchorage Regulations: Pacific Ocean at San Nicolas Island, 
Calif.; Restricted Anchorage Areas

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule; request for comments.

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SUMMARY: By this direct final rule, the Coast Guard is amending the 
restricted anchorage areas of San Nicolas Island, California. At the 
request of the United States Navy, the Coast Guard will remove the west 
area anchorage restriction and decrease the size of the east area 
anchorage restriction (see figure 1 located in the docket). After these 
amendments are finalized, the restricted anchorage at San Nicolas 
Island will accurately reflect the needs and operational use of the 
United States Navy.

DATES: This rule is effective February 10, 2014 unless an adverse 
comment, or notice of intent to submit an adverse comment, is either 
submitted to our online docket via http://www.regulations.gov on or 
before January 13, 2014 or reaches the Docket Management Facility by 
that date. If an adverse comment, or notice of intent to submit an 
adverse comment, is received by January 13, 2014, we will withdraw this 
direct final rule and publish a timely notice of withdrawal in the 
Federal Register.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Blake Morris, Waterways 
Management Branch, U.S. Coast Guard; telephone (510) 437-3801, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-0967 in the ``SEARCH'' box and click 
``SEARCH.''

[[Page 67301]]

Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\; by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2012-0967 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
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.

B. Regulatory Information

    We are publishing this direct final rule under 33 CFR 1.05-55 
because we do not expect an adverse comment. If no adverse comment or 
notice of intent to submit an adverse comment is received by January 
13, 2014, this rule will become effective as stated in the DATES 
section. In that case, approximately 30 days before the effective date, 
we will publish a document in the Federal Register stating that no 
adverse comment was received and confirming that this rule will become 
effective as scheduled. However, if we receive an adverse comment or 
notice of intent to submit an adverse comment, we will publish a 
document in the Federal Register announcing the withdrawal of all or 
part of this direct final rule. If an adverse comment applies only to 
part of this rule (e.g., to an amendment, a paragraph, or a section) 
and it is possible to remove that part without defeating the purpose of 
this rule, we may adopt, as final, those parts of this rule on which no 
adverse comment was received. We will withdraw the part of this rule 
that was the subject of an adverse comment. If we decide to proceed 
with a rulemaking following receipt of an adverse comment, we will 
publish a separate notice of proposed rulemaking (NPRM) and provide a 
new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why 
this rule or a part of this rule would be inappropriate, including a 
challenge to its underlying premise or approach, or would be 
ineffective or unacceptable without a change.

C. Basis and Purpose

    The Coast Guard is conducting this rulemaking under the authority 
of 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05-1, 
and Department of Homeland Security Delegation No. 0170.1. This rule 
will amend 33 CFR 110.220(a) with accurate regulatory information. The 
restricted anchorage areas listed do not reflect current enforcement 
practices or operational use by the U.S. Navy.

D. Discussion of the Rule

    Restricted anchorages were established at the east and west ends of 
San Nicolas Island to prevent vessels from interrupting naval 
operations. The restricted anchorages, in current configuration, do not 
match operational requirements. The east-end area was designed to 
prevent vessels from disturbing barge offloading and fuel transfer 
lines in the vicinity. Under its current configuration, the east-end 
area does not prevent vessels from disturbing the fuel-offloading lines 
at the mooring buoys offshore Coast Guard Beach. It also does not 
prevent vessels from disturbing barge offloads. Regular barge 
offloading now occurs exclusively at the new pier facility, on the west 
edge of the restricted anchorage at Daytona Beach.
    The west-end area was designed to keep vessels out of danger zones 
from missile launch or hazard patterns. However, restricted areas are 
currently established around the island, which restrict vessels from 
entering these danger zones during operations. The Navy can still open 
and close these areas in part or in whole based on operational needs, 
making a restricted anchorage area redundant.
    Both commercial and recreational vessels take part in fishing 
around the island. Commercial fishing is common within section Alpha on 
the northern side of the restricted area around the island. Most 
fishing at and around the island by both recreational boaters and Navy 
personnel occurs in section Alpha, outside of either restricted 
anchorage area.
    This rule will remove the western restricted anchorage area, which 
covered approximately 20 square nautical miles (NM). The rule will 
update the eastern restricted anchorage area to reflect operational 
use, decreasing its size from approximately 2.5 square NM to 1.3 square 
NM. The new restricted anchorage will include a single eastern no-
anchorage zone that encompasses both the mooring buoys offshore Coast 
Guard Beach and the explosives safety arc around the Barge Pier at 
Daytona Beach (see figure 2 located in the docket). It will restrict 
vessels from entering these areas in order to prevent interferences 
with fuel, cargo or explosives-offloads in these areas.
    This rule also updates and identifies the agencies and officials 
responsible for granting access to and enforcing the restricted 
anchorage area. The Commanding Officer of Naval Base Ventura County may 
grant permission to enter the area. Vessels in the restricted anchorage 
area must obey the orders of the Commanding Officer, Naval Base Ventura 
County; Coast Guard Eleventh District Commander; or Coast Guard Captain 
of the Port, Los Angeles-Long Beach, when issued to carry out the 
purpose of the restricted anchorage.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and

[[Page 67302]]

Budget has not reviewed it under those Orders. This rule simply amends 
the size and location of the restricted anchorage areas off of San 
Nicolas Island to accurately reflect the needs and operational use of 
the United States Navy.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 might be 
small entities: The owners or operators of commercial or recreational 
vessels intending to anchor in the affected area.
    The impact to these entities will not be significant since this 
rule will decrease the size of the eastern restricted anchorage area 
off San Nicolas Island, and eliminate the western area entirely. These 
changes will result in a net decrease in the size of the restricted 
anchorage area of approximately 21 square NM, allowing for more access 
to anchorage grounds by both commercial and recreational vessels.
    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.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the adjustment of restricted anchorage 
areas for Naval operations in the waters off San Nicolas Island. This 
rule is categorically excluded from further review under paragraph 
(34)(f) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

[[Page 67303]]

List of Subjects in 33 CFR Part 110

    Anchorage Regulations.

    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, 2071; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.


0
2. Revise Sec.  110.220 to read as follows:


Sec.  110.220  Pacific Ocean at San Nicolas Island, Calif; restricted 
anchorage areas.

    (a) The restricted area. All waters within one-quarter nautical 
mile from the shoreline or manmade structures including mooring buoys, 
piers and jetties on the easterly end of San Nicolas Island between a 
point on the northeast shore at latitude 33[deg]14'32'' N, longitude 
119[deg]26'41'' W and a point on the southeast shore at latitude 
33[deg]13'08'' N, longitude 119[deg]27'06'' W.
    (b) The regulations. (1) Except in an emergency, no vessel shall 
enter into or anchor in this restricted area without permission from 
the Commanding Officer, Naval Base Ventura County. Cargo and supply 
vessels or barges destined for San Nicolas Island may anchor in the 
area for unloading or loading. (2) Each person in a restricted 
anchorage shall obey the order or direction of the Commanding Officer, 
Naval Base Ventura County, Coast Guard Eleventh District Commander, or 
Coast Guard Captain of the Port, Los Angeles-Long Beach, when issued to 
carry out this section.
    (c) Enforcement.The Coast Guard may be assisted in enforcing this 
rule by other Federal, state, or local agencies.

    Dated: September 10, 2013.
K.L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2013-25642 Filed 11-8-13; 8:45 am]
BILLING CODE 9110-04-P