[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Proposed Rules]
[Pages 10156-10158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04336]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2014-0142]
RIN 1625-AA01


Anchorage Regulations: Special Anchorage Areas, Marina del Rey 
Harbor, California

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: On May 28, 2014, the Coast Guard published a notice of 
proposed rulemaking (NPRM) to disestablish the special anchorage in 
Marina del Rey Harbor, California. Based on the comments received in 
response to that NPRM, we are now proposing to amend the shape and 
reduce the size of the special anchorage in Marina del Rey Harbor, 
California. Additionally, we propose to clarify the language in the 
note section of the existing regulation. This SNPRM would leave 
sufficient navigable water on adjacent sides of the anchorage for 
vessel traffic, effectively removing this special anchorage area from a 
location where it could endanger vessel traffic.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 14, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0142 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Van Vu, Waterways Management Division, U.S. 
Coast Guard District 11, telephone (510) 437-2978, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The legal basis for the proposed rule is: 33 U.S.C. 471, 1221, 
through 1236, and 2071; 33 CFR 1.05-1; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorized the Coast 
Guard to define anchorage areas. A special anchorage area is a 
designated water area within which vessels less than 65 feet (20 
meters) in length are not required to: Sound signals required by Rule 
35 of the Inland Navigation Rules (33 CFR 83.35); or exhibit the white 
anchor lights or shapes required by Rule 30 of the Inland Navigation 
Rules (33 CFR 83.30). By regulation, special anchorage areas should be 
well removed from the fairways and located where general navigation 
will not endanger or be endangered by unlighted vessels (33 CFR 
109.10).
    This supplemental notice of proposed rulemaking (SNPRM) is intended 
to reduce the size of the anchorage. The amended anchorage will leave 
sufficient navigable water on adjacent sides of the anchorage for 
vessel traffic, effectively removing the anchorage from a location 
where it could endanger vessel traffic. The proposed rule would better 
accommodate transiting vessels and create a clearly defined area for 
anchored vessels, thus improving navigation safety.

A. Regulatory History and Information

    In 1967, the Coast Guard placed the regulation for a special 
anchorage area in the main channel of Marina del Rey in 33 CFR, as 
anchorage regulations were transferred from the Army Corp of Engineers 
to the Coast Guard (32 FR 17726, 17737, Dec. 12, 1967). The specific 
regulations and boundaries for this special anchorage area are defined 
by coordinates in 33 CFR 110.111.
    On May 28, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Regulations: Special Anchorage Area, Marina 
del Rey, California, in the Federal Register (79 FR 30509) to 
disestablish the anchorage. The purpose was to align the regulations 
with the current and future configuration of the main channel and 
docking facilities. On November 4, 2014, we published a notice for a 
public meeting (79 FR 65361). The meeting was held in Marina del Rey, 
CA on November 20, 2014. At the public meeting, we heard from six 
speakers. For greater public participation, all comments submitted to 
the public docket as late as January 5, 2015 were considered. In 
addition to the six speakers at the public meeting, we received 
comments in 44 written submissions to the docket. Based on all comments 
received we have prepared this supplemental notice of proposed 
rulemaking (SNPRM) which proposes to maintain the anchorage but amend 
the boundaries and reduce the size of the anchorage.

B. Discussion of Comments on NPRM and Changes

    The Coast Guard received 44 written submissions to the docket and 
heard from six speakers at the public meeting regarding the NRPM to 
disestablish the anchorage. All written submissions thru the portal, 
the recorded transcript of the public meeting and all other documents 
pertaining to this topic are available in the public docket for this 
rulemaking, where indicated under ADDRESSES.
    Below, we have summarized the received comments and our response to 
these comments.
    The Coast Guard received 31 comments to keep the anchorage as is or 
to establish an alternate anchorage at another location in the harbor. 
The Coast Guard understands the commenters' concern of the need for a 
safe refuge for transiting recreational vessels during storms or other 
dangerous conditions. Thus, we are proposing a smaller anchorage as an 
option for mariners.
    The Coast Guard received eight comments for a public hearing and 
additional time for public comment. We held a public meeting in Marina 
Del Rey on November 20, 2014 and considered comments received until 
January 5, 2015.
    The Coast Guard received nine comments in support of removing the 
anchorage. Some of those comments indicated that vessels anchoring in 
the existing anchorage in the main channel create an unsafe situation. 
Other comments reported mariners rarely use the anchorage and there is 
little knowledge of its existence. The special anchorage is clearly 
marked on the chart with reference to the applicable regulation. A copy 
of the National Oceanic and Atmospheric Administration (NOAA) Office of 
Coast Survey Chart number 18744 has been posted to the docket to 
illustrate this point. The Coast Guard has determined the current 
special anchorage area encompassing the entire channel width at the 
north end of the harbor could cause an unsafe situation. In this SNPRM, 
the Coast Guard is proposing a smaller special anchorage area which 
will allow vessel traffic to pass safely on all sides.
    The Coast Guard received two comments and questions at the public

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meeting in November concerning proposed projects located outside of the 
anchorage area. The Coast Guard indicated these comments addressed 
areas and subjects outside the anchorage that would not impact the 
existing anchorage and were beyond the scope of the proposed 
rulemaking.

III. Discussion of SNPRM Proposed Rule

    This proposed rule would decrease the size of the current anchorage 
in Marina del Rey harbor. Currently, it is a trapezoid-shaped anchorage 
of approximately 0.48 square nautical miles. The Coast Guard proposes 
to change the shape of the anchorage from a trapezoid to a rectangle 
and decrease its size from approximately 0.48 to 0.11 square nautical 
miles. The revised anchorage would be moved to the middle of the 
channel across from Burton Chace Park, with its northern boundary line 
approximately from the midpoint of basin G extending south to the 
midpoint of Basin H. The anchorage dimensions would be 1154 feet in 
length and 365 feet in width. The distance from the closest shore side 
dock to the anchorage boundary would be approximately 243 feet. The 
anchorage boundaries are described, using precise coordinates, in the 
proposed regulatory text at the end of this document.
    This proposed rule would also amend the note section for 33 CFR 
110.111 to clarify the purpose of the anchorage, as well as the types 
of vessels eligible to use the anchorage. It would also reflect that 
the Marina del Rey Harbor Master, Los Angeles County, prescribes local 
regulations for mooring and boating activities in this harbor, rather 
than the Director, Department of Small Craft Harbors, Los Angeles 
County, which is obsolete. This updated note will clarify the role of 
the Marina del Rey Harbor Master in the administration of the special 
anchorage.

IV. 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.

A. 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 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule would not be 
significant to the maritime and local community. The existing anchorage 
is currently used only in emergency circumstances, and this proposed 
change will not significantly reduce the number of vessels using the 
anchorage.

B. 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 
would not have a significant economic impact on a substantial number of 
small entities. This proposed rule may affect the following entities, 
some of which might be small entities: The owners or operator of 
recreational vessels that have a need to anchor in Marina del Rey 
special anchorage.
    This proposed rule would not have a significant impact on a 
substantial number of small entities. Although this rule would decrease 
the size of the special anchorage area, the proposed dimensions provide 
sufficient space for vessels to anchor when authorized by the Harbor 
Master, without presenting a hazard to vessels transiting in the 
channel.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States 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 determined that this rule does not have 
implications for federalism.
    Also, 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.

E. 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.

F. 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 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 the 
amendment of a currently-existing anchorage area. Normally such actions 
are categorically excluded from further review under paragraph 34(f) of 
Figure 2-1 of the Commandant Instruction M16475.1D. A preliminary 
environmental analysis checklist 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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material

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received during the comment period. As demonstrated by this SNPRM, your 
comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal erulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instruction.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this SNPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.
    We plan to hold a public meeting to receive oral comments on this 
SNPRM and will announce the date, time, and location in a separate 
document published in the Federal Register. If you signed up for docket 
email alerts mentioned in the paragraph above, you will receive an 
email notice when the public meeting notice is published and placed in 
the docket.

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, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec.  110.111 to read as follows:


Sec.  110.111  Marina del Rey Harbor, Calif.

    An area in the main channel encompassed within the following 
described boundaries: Beginning at the northeasterly corner in position 
latitude 33[deg]58'41.6'' N., longtitude 118[deg]26'50.8'' W.; thence 
southerly to latitude 33[deg]58'30.2'' N., longtitude 118[deg]26'50.8'' 
W.; thence westerly to latitude 33[deg]58'30.2'' N., longtitude 
118[deg]26'55.1'' W.; thence northerly to latitude 33[deg]58'41.6'' N., 
longtitude 118[deg]26'55.1'' W.; thence easterly to the point of 
origin. All coordinates referenced North American Datum 1983.

    Note to Sec.  110.111:  The Marina Del Rey Harbor Master, Los 
Angeles County prescribes local regulations for mooring and boating 
activities in this area.


    Dated: February 8, 2016.
J. A. Servidio,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2016-04336 Filed 2-26-16; 8:45 am]
 BILLING CODE 9110-04-P