Federal Register / Vol. 60, No. 108 / Tuesday, June 6, 1995 / Rules and Regulations 29759

Lieutenant P.C. Barnett, Aids to

Navigation and Waterways Management

Branch, telephone (310) 980–4300,

extension 513

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Lieutenant

P.C. Barnett, Eleventh Coast Guard

District, Aids to Navigation and

Waterways Management Branch, Project

Officer, and Lieutenant R.J. Barber,

Eleventh Coast Guard District Legal

Office, Project Attorney.

Regulatory History

On February 23, 1995, the Coast

Guard published a notice of proposed

rulemaking for these regulations in the

Federal Register (60 FR 10043). The

comment period ended April 24, 1995.

The Coast Guard received no comments

on the proposal. A public hearing was

not requested and no hearing was held.

Background and Purpose

The Isthmus Cove Anchorage

Grounds (the Anchorage) were codified

by final rulemaking CGFR 67–46,

published in 32 FR 17728 (December 12,

1967). The Wrigley Marine Science

Center (the Center) was built during that

same year. The Center’s primary

function was and continues to be to

provide an environment that facilitates

scientific investigation. It was

intentionally located in close proximity

to a virtually undisturbed marine

environment to allow researchers the

opportunity to conduct long-term

underwater investigations of sea life

under conditions where human

influences are minimal.

In 1988, the state of California

established the Wrigley Marine Science

Center Marine Life Refuge (the Refuge),

formerly known as the Catalina Marine

Science Center Marine Life Refuge, near

the Center. A portion of the waters of

the Refuge is located within the waters

of the Anchorage.

In order to protect and preserve the

delicate ecosystem of the Refuge and to

prevent damage caused by anchors to

the valuable scientific equipment being

used to conduct research within the

Refuge, the state of California, as part of

the original legislation establishing the

Refuge, prohibits unauthorized

anchoring and mooring within the

Refuge.

This amendment to the Isthmus Cove

Anchorage Grounds reduces the size of

the Anchorage by removing from it the

waters located in Fisherman Cove and

those waters shoreward from a line

extending approximately 50 yards from

shore connecting Blue Cavern Point to

Fisherman Cove. It reduces confusion

among recreational and commercial

mariners, and enhances the safety of

navigation in support of the efforts of

the State of California, by excluding the

area encompassed by the Marine Life

Refuge from the Anchorage Grounds.

This amendment also describes the

Anchorage more accurately by using

coordinates in addition to making

reference to well-known landmarks.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under Section 6(a)(3) of

that Order. It has been exempted from

review by the Office of Management and

Budget under that Order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

rulemaking to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the Department of Transportation

regulatory policies and procedures is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rulemaking

would have significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). Because it expects the

impact of this proposal to be minimal,

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.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this

rulemaking and concluded that, under

section 2.B.2 of Commandant

Instruction M16475.1B, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Final Regulations

In consideration of the foregoing, the

Coast Guard is amending part 110 of

title 33, Code of Federal Regulations, as

follows:

PART 110—ANCHORAGE

REGULATIONS

1. The authority citation for part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2030, 2035 and

2071; 49 CFR 1.46 and 33 CFR 1.05–1(g).

Section 110.1a and each section listed in

110.1a is also issued under 33 U.S.C. 1223

and 1231.

2. Section 110.216 is amended by

revising paragraph (a)(2) to read as

follows:

§ 110.216 Pacific Ocean at Santa Catalina

Island, CA.

(a) * * *

(2) Isthmus Cove. All the waters

bounded by a line connecting the

following coordinates, beginning at 33°–

27′–12′′ N, 118°–30′–05′′ W (the

promontory known as Lion Head);

thence southeast to 33°–26′–55.5′′ N,

118°–28′–44′′ W; thence west-southwest

to 33°–26′50′′ N, 118°–29′–08′′ W;

thence southwest to 33°–26′–39′′ N,

118°–29′–19′′ W; thence along the

shoreline returning to the point of

origin, excluding the followingdescribed non-anchorage area: an area

300 feet wide (170 feet west and 130 feet

east of the centerline of the Catalina

Island Steamship Line pier), extending

1600 feet from the foot of the pier, and

an area 150 feet seaward of the shoreline

extending approximately 1500 feet east

and 1500 feet northwest of the

centerline of said pier.

Datum: NAD 83

* * * * *

Dated: May 25, 1995.

R. A. Appelbaum,

Rear Admiral, U.S. Coast Guard, Commander,

Eleventh Coast Guard District.

[FR Doc. 95–13779 Filed 6–5–95; 8:45 am]

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