[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10438-10441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03469]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2013-0841]
RIN 1625-AA01


Anchorage Regulations: Anchorage Grounds, Los Angeles and Long 
Beach Harbors, California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to disestablish Commercial Anchorage 
``A'' and to revise the permit and notification requirements for the 
anchorage grounds of Los Angeles and Long Beach Harbors, California. 
Commercial Anchorage ``A'' has become the location of a Submerged 
Material Storage Site and is no longer usable. Revised permit and 
notification requirements will affect the six commercial anchorages 
within the breakwater of the Ports of Los Angeles and Long Beach that 
can accommodate vessels with lengths exceeding 800 feet overall and 
drafts greater than 40 feet. The proposed revision will require vessels 
using these deep draft anchorages for more than 48 hours to obtain an 
extended anchorage permit from the Captain of the Port (COTP) Los 
Angeles-Long Beach. This action will assist the COTP and the Pilots for 
the Ports of Los Angeles and Long Beach to reduce congestion in the 
deep draft anchorage grounds within the harbor breakwater.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 27, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0841 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 proposed 
rule, call or email Lieutenant Junior Grade Blake Morris, Waterways 
Management Division, U.S. Coast Guard District 11, 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: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

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-2013-0841 in the ``SEARCH'' box and click 
``SEARCH.'' 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 comments 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 and may change the rule 
based on your comments.

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-2013-0841 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

[[Page 10439]]

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, using one of the methods specified under ADDRESSES. 
Please 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 History and Information

    33 CFR 110.214(a)(2) allows vessels to remain anchored for up to 10 
consecutive days inside of the Los Angeles and Long Beach harbors 
before obtaining an extended anchorage permit from the COTP. It does 
not offer any special consideration for the six anchorages that can 
accommodate vessels with lengths exceeding 800 feet overall and drafts 
greater than 40 feet.
    Due to the increasing size of commercial vessels and the growth in 
shipping traffic over the years, the anchorage grounds inside the 
breakwater of the Los Angeles and Long Beach harbors are becoming 
increasingly crowded. Vessels with lengths exceeding 800 feet overall 
and drafts greater than 40 feet are often compelled to wait outside of 
the breakwater while other vessels are moved out of deep draft 
anchorages to accommodate them.
    Pilots for the Ports of Los Angeles and Long Beach have recommended 
that the Coast Guard consider reducing the number of days a vessel may 
remain anchored in the six deep draft anchorages of Los Angeles and 
Long Beach harbors, without approval of the COTP. This will aid them in 
reducing congestion in the deep draft anchorages more effectively.
    33 CFR 110.214(b)(1) establishes Commercial Anchorage ``A'' within 
Los Angeles Harbor. Commercial Anchorage ``A'' is a circular area with 
a radius of 400 yards, centered in position 33 [deg]43'19.2'' N, 118 
[deg]14'18.5'' W. Since its establishment, Commercial Anchorage ``A'' 
has become a Submerged Material Storage Site. It is now encircled by a 
submerged dike and is no longer usable.

C. Basis and Purpose

    The legal basis for this proposed rule is: 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, which collectively authorize 
the Coast Guard to define anchorage grounds.
    This proposed rule has been recommended by Pilots for the Ports of 
Los Angeles and Long Beach and has three purposes. The first purpose is 
to disestablish Commercial Anchorage ``A'', as it is no longer usable. 
The second purpose is to identify commercial anchorages B-7, B-9, B-11, 
D-5, D-6 and D-7 as anchorages that can accommodate vessels with 
lengths exceeding 800 feet overall and drafts greater than 40 feet 
within the Ports of Los Angeles and Long Beach. The final purpose of 
this proposed rule is to revise the permit and notification 
requirements for the six anchorages above, by requiring vessels 
anchored in these anchorages for more than 48 consecutive hours, to 
obtain an extended anchorage permit from the COTP. This will reduce 
congestion in the deep draft anchorages within the breakwater of both 
ports, and reduce the need for deep draft vessels to wait outside the 
breakwater as other vessels are moved to accommodate them.

D. Discussion of Proposed Rule

    The Coast Guard is proposing to disestablish Commercial Anchorage 
``A'' in the regulations for the anchorage grounds of Los Angeles and 
Long Beach Harbors, California in 33 CFR 110.214(b)(1). Commercial 
Anchorage ``A'' is a circular area with a radius of 400 yards, centered 
in position 33[deg]43'19.2'' N, 118[deg]14'18.5'' W, approximately 600 
yards to the east of Pier 400. Since its establishment, Commercial 
Anchorage ``A'' has become a Submerged Material Storage Site. It is now 
encircled by a submerged dike and can no longer be used as an 
anchorage.
    The Coast Guard is proposing to revise the permit and notification 
requirements in the regulations for the anchorage grounds of Los 
Angeles and Long Beach Harbors, California in 33 CFR 110.214(a)(2). 
Under the proposed rule, no vessel may anchor in deep draft anchorages 
B-7, B-9, B-11, D-5, D-6 or D-7 within Los Angeles or Long Beach 
harbors for more than 48 consecutive hours unless an extended anchorage 
permit is obtained from the COTP. These anchorages are the only 
locations within the breakwater of Los Angeles and Long Beach harbors 
where vessels with lengths exceeding 800 feet overall and drafts 
greater than 40 feet can anchor.
    The purpose of the 48 hour time requirement is to reduce vessel 
congestion in deep draft anchorages B-7, B-9, B-11, D-5, D-6 and D-7. 
Vessels within these anchorages will be required to justify remaining 
there beyond 48 hours to the COTP, or be prepared to move based on the 
needs of other vessels and the judgment of the Pilots for the Ports of 
Los Angeles and Long Beach. Limiting congestion in these anchorages 
will reduce the need for deep draft vessels to wait outside of the 
breakwater while other vessels are moved from the inside deep draft 
anchorages. As shipping volume and the size of vessels making calls to 
the Ports of Los Angeles and Long Beach continue to grow, maintaining 
anchorage space for deep draft vessels within the shelter of the 
breakwater is becoming increasingly important.
    The proposed rule maintains the requirement for all vessels that 
anchor anywhere else within Los Angeles or Long Beach harbors to obtain 
an extended anchorage permit from the COTP if they wish to remain 
anchored for more than 10 consecutive days. In determining whether an 
extended anchorage permit will be granted (for vessels in any 
anchorage), consideration will be given, but not necessarily limited 
to: the current and anticipated demands for anchorage space within the 
harbor, the requested duration, the condition of the vessel, and the 
reason for the request.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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 
Budget has not reviewed it under those Orders.
    We expect minimal additional cost impacts to the maritime industry, 
because this rule does not impose fees or more specialized requirements 
to utilize these anchorage grounds. The effect of this rule would not 
be significant, as it removes an obsolete anchorage ground that is no 
longer used and revises the permit and notification requirements for 
six of the deep draft anchorage grounds in Los Angeles and Long Beach 
Harbors, California. The revised permit and notification requirements 
do not restrict vessels from utilizing these deep draft anchorages. 
They will simply require

[[Page 10440]]

vessels in these anchorages to obtain permission from the COTP to 
remain longer than 48 hours. While we recognize that the proposed rule 
will shorten the amount of time that a vessel may remain in the deep 
draft anchorages for B-7, B-9, B-11, D-5, D-6 and D-7 from 10 days to 
48 hours before being required to obtain an extended anchorage permit 
from the COTP and may also increase the number of times that a vessel 
operator may be required to obtain an extended anchorage permit, we 
anticipate this 48-hour notice requirement will not have a have 
significant impact on vessel owners or operators. We further anticipate 
the 48 hour requirement will provide the pilots and COTP with more 
accurate and more up-to-date information on vessel movements and will 
help reduce the need to move vessels out of deep draft anchorages on 
short notice. This will also assist in minimizing the number of deep 
draft vessels waiting outside of the breakwater while other vessels are 
moved from these anchorages to accommodate them. The COTP and pilots 
for Los Angeles and Long Beach retain their authority to move any 
vessel inside the breakwater when necessary.

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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of commercial 
vessels intending to anchor in the affected areas. The impact to these 
entities is not expected to be significant because the only anticipated 
impact on vessel owners or operators will be the requirement to obtain 
an extended anchorage permit if they wish to remain in the deep draft 
anchorages for more than 48 hours. We expect this 48 hour notice 
requirement will help toward reducing the need to move vessels out of 
these deep draft anchorages by providing better awareness of vessel 
schedules and movements to pilots and the COTP. The proposed rule will 
reduce congestion, enhance the effectiveness of anchorage management, 
and increase the availability of deep draft anchorages. It will not 
hamper the ability of commercial vessels to anchor inside of the Los 
Angeles and Long Beach harbor breakwater. Disestablishing Commercial 
Anchorage ``A'' will have no affect on these entities because the 
anchorage area is no longer usable and has not been for some time.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did

[[Page 10441]]

not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves 
disestablishing one unusable anchorage ground and revising the permit 
and notification requirements for six deep draft anchorage grounds at 
Los Angeles and Long Beach Harbors, California. The revised 
requirements will assist the COTP and the pilot stations for the Ports 
of Los Angeles and Long Beach in managing anchorages inside the harbor 
breakwater. This rule is categorically excluded from further review 
under paragraph 34(f) of Figure 2-1 of the Commandant Instruction. A 
preliminary 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 proposed rule.

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

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. In Sec.  110.214, remove and reserve paragraph (b)(1) and revise 
paragraph (a)(2)(i) to read as follows:


Sec.  110.214  Los Angeles and Long Beach Harbors, California.

    (a) * * *
    (2) * * *
    (i) No vessel may anchor in deep draft anchorages B-7, B-9, B-11, 
D-5, D-6 or D-7 within Los Angeles or Long Beach harbors for more than 
48 consecutive hours unless an extended anchorage permit is obtained 
from the Captain of the Port. No vessel may anchor anywhere else within 
Los Angeles or Long Beach harbors for more than 10 consecutive days 
unless an extended anchorage permit is obtained from the Captain of the 
Port. In determining whether an extended anchorage permit will be 
granted, consideration will be given, but not necessarily limited to: 
the current and anticipated demands for anchorage space within the 
harbor, the requested duration, the condition of the vessel, and the 
reason for the request.
* * * * *

    Dated: December 24, 2013.
K. L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2014-03469 Filed 2-24-14; 8:45 am]
BILLING CODE 9110-04-P