[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30299-30303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08636]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2023-0868]
RIN 1625-AA01


Anchorage Regulations; Los Angeles and Long Beach Harbors, 
California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the regulations for Los 
Angeles and Long Beach Harbors. This action would amend Anchorages F 
and G, and update anchorage usage and communication requirements. The 
purpose of this proposed rule is to improve navigation safety by 
modifying Anchorage F and G to accommodate an increased volume of 
vessel traffic and larger vessels calling on the Ports of Los Angeles 
and Long Beach and alleviate vessels anchoring near a subsea pipeline. 
We invite your comments on this proposed rulemaking.

[[Page 30300]]


DATES: Comments and related material must be received by the Coast 
Guard on or before July 22, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0868 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Rubymar Sebastian-Echevarria at D11 Waterways, Coast 
Guard; telephone (571) 613-2930 or (206) 820-5620, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Background, Purpose, and Legal Basis
IV. Discussion of Proposed Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Collection of Information
    D. Federalism
    E. Unfunded Mandates
    F. Taking of Private Property
    G. Civil Justice Reform
    H. Protection of Children
    I. Indian Tribal Governments
    J. Energy Effects
    K. Technical Standards
    L. Environment
    M. Protest Activities

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking and will consider all comments and material 
received during the comment period. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0868 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. That FAQ page also explains how to subscribe for 
email alerts that will notify you when comments are posted or if a 
final rule is published. We review all comments received, but we will 
only post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).
    Public meeting. We do not plan to hold a public meeting but we will 
consider doing so if we determine from public comments that a meeting 
would be helpful. We would issue a separate Federal Register notice to 
announce the date, time, and location of such a meeting.

II. Abbreviations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

III. Background, Purpose, and Legal Basis

    The Coast Guard proposes to amend Anchorages F and G in Los Angeles 
and Long Beach Harbors to improve navigation safety and update 
anchorage usage and communication requirements. The legal basis and 
authorities for this notice of proposed rulemaking are found in 46 
U.S.C. 70006, 33 CFR 109.05, 33 CFR 1.05-1, and DHS Delegation No. 
00170.1 Revision 01.3, which collectively authorize the Coast Guard to 
propose, establish, and define regulatory anchorage grounds. Under 
Title 33 of the Code of Federal Regulation (CFR) Sec.  109.05, U.S. 
Coast Guard District Commanders are delegated the authority to 
establish anchorage grounds by the Commandant of the U.S. Coast Guard. 
The Coast Guard established Anchorage Grounds under Title 33 CFR CGFR 
67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-04-005, 71 FR 
15036, Mar. 27, 2006.

IV. Discussion of Proposed Rule

    The Coast Guard proposes to amend the boundaries and anchorage 
requirements for Anchorages F and G in Los Angeles and Long Beach 
Harbors. Changes in global demand patterns and supply chain disruptions 
have contributed to port congestion and increased usage of Anchorages F 
and G. Due to economies of scale, vessels calling on the Ports of Los 
Angeles and Long Beach have increased in size and require more surface 
area for anchoring and maneuvering. Additionally, a subsea pipeline is 
located approximately less than one nautical mile from the anchorages. 
For these reasons, the Coast Guard proposes expanding the distance 
between anchorages and requiring vessels greater than 1600 gross tons 
to place their propulsion plants in standby and have a second anchor 
ready to let go when forecasted and/or observed wind speeds and gusts 
are 35 knots or greater. This proposed requirement is needed to prevent 
vessels from dragging anchor and to prevent harm to vessels, the port, 
and the environment. The proposed regulation would update port, pilot, 
and communication information to maintain proactive anchorage 
management.
    The specific anchorage boundaries and amendments are described in 
detail in the proposed regulatory text at the end of the document.

V. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. A summary of our analyses 
based on these statutes or Executive orders follows.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been

[[Page 30301]]

reviewed by the Office of Management and Budget (OMB).
    This proposed regulatory action determination is based on the need 
to maintain navigation safety within the port by amending the 
boundaries of Anchorages F and G and updating anchorage usage and 
communication requirements. The proposed action would not negatively 
impact navigation. Vessels would still be able to maneuver in, around 
and through anchorages.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this proposed 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. While some owners or operators of vessels intending to transit 
the anchorage grounds may be small entities, for the reasons stated in 
section V.A. above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this proposed rule would have a significant economic impact on 
it, please submit a comment to the docket at the address listed in the 
ADDRESSES section of this preamble. In your comment, explain why you 
think it qualifies and how and to what degree this proposed rule would 
economically affect it.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

D. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on 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 Executive Order 
13132 and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132. Our analysis follows.
    The legal basis and authorities for this notice of proposed 
rulemaking are found in 46 U.S.C. 70006, 33 CFR 109.05, 33 CFR 1.05-1, 
and DHS Delegation No. 00170.1, which collectively authorize the Coast 
Guard to propose, establish, and define regulatory anchorage grounds. 
Therefore, this proposed rule is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132.

E. Unfunded Mandates

    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 million (adjusted for 
inflation) or more in any one year. Although this proposed rule would 
not result in such an expenditure, we do discuss the potential effects 
of this proposed rule elsewhere in this preamble.

F. 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).

G. 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.

H. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045 
(Protection of Children from Environmental Health Risks and Safety 
Risks). This proposed 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.

I. 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. If 
you believe this proposed rule has implications for Indian Tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

J. Energy Effects

    We have analyzed this proposed 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.

K. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (for example, 
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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

L. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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 anchorages. This proposed rule would be categorically 
excluded under paragraph L59(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration

[[Page 30302]]

supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

M. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

List of Subjects in 33 CFR Part 110 Anchorage Grounds.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 110 as follows:

PART 110--Anchorage Regulations

0
1. The authority citation for part 110 is revised to read as follows:

    Authority:  33 U.S.C. 2071, 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision 
No. 01.3.
0
2. Amend Sec.  110.214, by revising and republishing paragraphs 
(a)(1)(i), (ii), (a)(2)(i)(B), (a)(3), (b)(6), (7), and (c)(2) to read 
as follows:


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

    (a) * * *
    (1) * * *
    (i) Unless otherwise directed by the Captain of the Port Los 
Angeles--Long Beach, the Long Beach Port Pilots will assign all 
anchorages inside the federal breakwater. All anchorages outside 
(seaward) of the federal breakwater will be assigned by Vessel Traffic 
Service Los Angeles-Long Beach (VTS LA-LB). The master, pilot, or 
person in charge of a vessel must notify the Long Beach Pilots (for 
anchorages inside the federal breakwater) or VTS LA-LB (for anchorages 
outside the federal breakwater) of their intention to anchor, upon 
anchoring, and at least fifteen minutes prior to departing an 
anchorage. All anchorage assignments will be made as described in this 
part unless modified by the Captain of the Port.
    (ii) Radio communications for port entities governing anchorages 
are as follows: VTS LA-LB, call sign ``San Pedro Traffic'', Channel 14 
VHF-FM; Long Beach Port Pilots, call sign ``Long Beach Pilots'', 
Channel 12 VHF-FM.
* * * * *
    (2) * * *
    (i) * * *
    (B) No vessel may anchor anywhere else within Los Angeles or Long 
Beach harbors (inside the federal breakwater) for more than 10 
consecutive days unless extended anchorage permission is obtained from 
the Captain of the Port. In determining whether extended anchorage 
permission 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.
* * * * *
    (3) Other General Requirements.
    (i) When at anchor, all commercial vessels greater than 1600 gross 
tons shall, at all times, have a licensed or credentialed deck officer 
on watch and maintain a continuous radio listening watch unless subject 
to one of the exemptions in this paragraph. The radio watch must be on 
CH-12 VHF-FM when anchored inside the federal breakwater, and on CH-14 
VHF-FM when anchored outside the federal breakwater, except for 
unmanned barges; vessels which have less than 100 gallons of oil or 
fuel onboard regardless of how the fuel is carried; and other vessels 
receiving advance approval from the Captain of the Port.
    (ii) When winds are forecasted and/or observed at 35 knots or 
greater (including wind gusts) vessels shall ensure their propulsion 
plant is placed in immediate standby and a second anchor, if installed, 
is made ready to let go. Vessels unable to comply with this requirement 
must immediately notify the Captain of the Port. In such case, the 
Captain of the Port may require additional precautionary measures, 
including but not limited to one or more tugs standing by to render 
immediate assistance.
* * * * *
    (b) * * *
    (6) Commercial Anchorage F (outside of Long Beach Breakwater). The 
waters southeast of the Long Beach Breakwater bounded by a line 
connecting the following coordinates:

------------------------------------------------------------------------
                                       Latitude            Longitude
------------------------------------------------------------------------
Beginning Point.................  33-43' 6'' N......  118-8' 6'' W
Thence west to..................  33-43' 6'' N......  118-10' 30'' W
Thence south/southeast to.......  33-42' 12'' N.....  118-9' 54'' W
Thence south/southeast to.......  33-40' 54'' N.....  118-9' 30'' W
Thence south/southeast to.......  33-38' 36'' N.....  118-7' 42'' W
Thence north/northeast to.......  33-40' 42'' N.....  118-6' 54'' W
------------------------------------------------------------------------

    And thence north/northwest to the beginning point.
    (7) Commercial Anchorage G (outside of the Middle Breakwater). The 
waters south of the Middle Breakwater bounded by a line connecting the 
following coordinates:

------------------------------------------------------------------------
                                       Latitude            Longitude
------------------------------------------------------------------------
Beginning Point.................  33-43' 6'' N......  118-11' 18'' W
Thence west to..................  33-43' 6'' N......  118-12' 18'' W
Thence south/southwest to.......  33-42' 24'' N.....  118-14' 18'' W
Thence southeast to.............  33-40' 48'' N.....  118-13' 0'' W
Thence northeast................  33-41' 0'' N......  118-12' 18'' W
Thence east/northeast to........  33-42' 12'' N.....  118-11' 36'' W
------------------------------------------------------------------------

    And thence north/northeast to the beginning point.
* * * * *
    (c) * * *
    (2) The geographic boundaries of each anchorage are contained in 
paragraph (b) of this section.

[[Page 30303]]



                                                Table 110.214(c)
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             Anchorage                  General location           Purpose              Specific regulations
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A..................................  Los Angeles Harbor...  Commercial...........  Note a.
B..................................  Long Beach Harbor....  ......do.............  ......Do.
C..................................  ......do.............  ......do.............  Notes a, g.
D..................................  ......do.............  Commercial & Naval...  Notes a, b, g.
E..................................  ......do.............  Commercial...........  Note c.
F..................................  Outside Breakwater...  ......do.............  Notes c, d, g.
G..................................  ......do.............  ......do.............  Notes c, d.
N..................................  Los Angeles Harbor...  Small Craft..........  Note e.
P..................................  Long Beach Harbor....  ......do.............  Note f.
Q..................................  ......do.............  ......do.............  Notes c, g.
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Notes:
a. Bunkering and lightering are permitted.
b. West of 118[deg]-09'-48'' W priority for use of the anchorage will be given to commercial vessels over 244
  meters (approximately 800 feet). East of 118[deg]-09'-48'' W priority for use of the anchorage will be given
  to Naval and Public vessels, vessels under Department of Defense charter, and vessels requiring use of the
  explosives anchorage.
c. Bunkering and lightering are prohibited.
d. This anchorage is within a Regulated Navigation Area and additional requirements apply as set forth in 33 CFR
  165.1109(e).
e. This anchorage is controlled by the Los Angeles Port Police. Anchoring, mooring and recreational boating
  activities conforming to applicable City of Los Angeles ordinances and regulations are allowed in this
  anchorage.
f. This anchorage is controlled by the Long Beach Harbor Master. Anchoring, mooring and recreational boating
  activities conforming to applicable City of Long Beach ordinances and regulations are allowed in this
  anchorage.
g. When the explosives anchorage is activated portions of this anchorage lie within the explosives anchorage and
  the requirements of paragraph (d) of this section apply.

* * * * *

    Dated: April 16, 2024.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2024-08636 Filed 4-22-24; 8:45 am]
BILLING CODE 9110-04-P