[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Proposed Rules]
[Pages 64546-64549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24687]



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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of 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 
intended 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 would not 
have to sound signals in restricted visibility.

DATES: Comments and related material must reach the Coast Guard on or 
before January 4, 2005.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, Coast Guard Marine Safety Office/Group Los Angeles-Long Beach, 
1001 South Seaside Avenue, Building 20, San Pedro, California, 90731. 
The Port Operations Department maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office/Group 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 Ryan Manning, USCG, Chief 
of Waterways Management Division, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for

[[Page 64547]]

this rulemaking (CGD11-04-005), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit all comments and related material in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying. If 
you would like to know they reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office/Group Los 
Angeles-Long Beach at the address under ADDRESSES explaining why one 
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.

Background and Purpose

    The Coast Guard proposes to establish 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 proposed regulations 
would 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 would 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. The proposed new 
special anchorages would also require modifications to two existing 
anchorage grounds found in 33 CFR 110.214.

Discussion of Proposed Rule

    The Coast Guard proposes to establish three new special anchorage 
areas as follows: (B-1) Long Beach outer harbor along east side of Pier 
400, (C-1) Long Beach outer harbor between Island Freeman and Island 
Chaffee, and (E-1) Long Beach outer harbor northwest of Island Freeman. 
The vessels traditionally moored in these locations are unmanned barges 
that have been moored for long periods of time. The proposed rule would 
exempt these vessels from having to sound signals during periods of 
reduced visibility. The proposed regulation would also modify two 
existing anchorage grounds found in 33 CFR 110.214.

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This proposal 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 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.
    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. 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 would 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.
    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.

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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Ryan Manning, Chief 
of Waterways Management Division, at (310) 732-2020.

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).

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

Taking of Private Property

    This proposed rule would 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 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.

[[Page 64548]]

Protection of Children

    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.

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.

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

Environment

    We have analyzed this proposed 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 draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether the rule should 
be categorically excluded from further environmental review.

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

    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.

    2. Amend Sec.  110.100 by adding paragraphs (c) through (f) to read 
as follows:


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.
    3. Revise Sec.  --110.214 (b)(2) and (b)(5) to read as follows:


Sec.  110.214  Los Angeles and Long Beach Harbors, CA

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

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                                                        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.
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[[Page 64549]]

* * * * *
    (b)(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.
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* * * * *

    Dated: October 25, 2004.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 04-24687 Filed 11-4-04; 8:45 am]
BILLING CODE 4910-15-P