[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71654-71657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28449]


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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: Final rule.

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SUMMARY: The Coast Guard is disestablishing Commercial Anchorage ``A'' 
and is revising the permission and notification requirements in the 
regulations 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 
permission and notification requirements 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. This revision requires vessels 
using these deep draft anchorages for more than 48 hours to obtain 
extended anchorage permission 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: This rule is effective January 2, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0841. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on the 
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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Zachary Bonheim, Waterways 
Management Division, U.S. Coast Guard District 11, telephone (510) 437-
3801, email <a href="/cdn-cgi/l/email-protection#601a0103080112194e174e020f0e0805090d20151303074e0d090c"><span class="__cf_email__" data-cfemail="b7cdd6d4dfd6c5ce99c099d5d8d9dfd2dedaf7c2c4d4d099dadedb">[email protected]</span></a>. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
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. Regulatory History and Information

    On February 25, 2014, we published a Notice of Proposed Rulemaking 
(NPRM) entitled, ``Anchorage Regulations: Anchorage Grounds, Los 
Angeles and Long Beach Harbors, California,'' in the Federal Register 
(79 FR 10438). We received one comment on the NRPM. There was no 
request for a public meeting. A public meeting was not held.

B. Basis and Purpose

    The legal basis for this 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.
    Section 110.214(b)(1) of 33 CFR establishes Commercial Anchorage 
``A'' within Los Angeles Harbor. Commercial Anchorage ``A'' is a 
circular area with a radius of 400 yards, centered in position

[[Page 71655]]

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.
    Section 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 extended anchorage permission from the COTP. It does 
not offer any special consideration for the six sub-anchorages that can 
accommodate vessels with lengths exceeding 800 feet overall and drafts 
greater than 40 feet.
    For the purpose of this rule, designated geographic areas within a 
commercial anchorage will be known as sub-anchorages. The U.S. Coast 
Guard is authorized to determine anchorage grounds, and this rule aims 
to regulate specific vessels that may use areas within these grounds. 
Sub-anchorages are geographic areas established by the U.S. Coast Guard 
and displayed on NOAA oceanographic charts, labeled first with the 
letter of the commercial anchorage, followed by a number. For example; 
A-1, B-2, etc.
    Due to the increasing size of commercial vessels and the growth in 
shipping traffic, 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.
    This rule was 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 sub-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. These anchorages are 
defined by the U.S. Coast Guard, and their coordinates and dimensions 
are defined below:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Radius
             Anchorage                         Latitude                      Longitude                (yards)
----------------------------------------------------------------------------------------------------------------
B-7...............................  33-43' 52.0'' N                118-12' 47.9'' W                          450
B-9...............................  33-43' 28.5'' N                118-13' 10.5'' W                          500
B-11..............................  33-43' 44.5'' N                118-12' 17'' W                            450
D-5...............................  33-43' 40.5' N                 118-10' 30'' W                            450
D-6...............................  33-43' 40.5' N                 118-9' 57.5'' W                           450
D-7...............................  33-43' 40.5' N                 118-9' 25'' W                             450
----------------------------------------------------------------------------------------------------------------

    The final purpose of this rule is to revise the permission and 
notification requirements for the six sub-anchorages above by requiring 
vessels in these anchorages for more than 48 consecutive hours to 
obtain permission to remain 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.

C. Discussion of Comments, Changes, and the Final Rule

    We received one comment on this rule. A request was made to extend 
the time limit for vessels anchoring within the commercial sub-
anchorages B-7, B-9, B-11, D-5, D-6, and D-7, from 48 to 72 hours. 
After further consideration, we have decided to finalize this proposal 
without the changes suggested. The process for obtaining COTP 
permission for a longer anchoring period is not difficult, and the 48 
hour window for anchoring will reduce congestion and allow for better 
management of the deep draft anchorages within the area. When faced 
with congestion of the port, Los Angeles and Long Beach Harbor pilots 
are forced to coordinate the movement of multiple deep draft vessels 
that can only safely navigate and anchor in specific sub-anchorages, as 
noted above. With the 48 hour restriction in place, vessel traffic and 
congestion within the small navigable area of the breakwater will be 
dispersed, ensuring the continuation of commerce and decrease the risk 
of navigation incidents within this highly trafficked port.
    Based on data from the pilots association, the majority of vessels 
calling upon the Port of Los Angeles/Long Beach do not require more 
than 48 hours to complete operations. Bunkering vessels are routinely 
and consistently available between 6 and 24 hours after arrival. The 
request for a stay of 72 hours is in excess of the average time needed 
by vessels, and will decrease the efficiency of the pilots, port 
operations, and limit the number of vessels able to use the specific 
deep draft anchorages. This extended stay will increase the numbers of 
vessels waiting in queue of the deep draft anchorages, leading to 
higher risk of collision, potential damage to property, and additional 
incidents outside the breakwater. If repairs or additional bunkering 
time is needed, permission can be granted for vessels to remain past 
the 48 hour limit on a case by case basis.
    The Coast Guard will 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 revising the permission 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 this 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 extended anchorage permission is 
obtained from the COTP. These sub-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

[[Page 71656]]

congestion in deep draft anchorages B-7, B-9, B-11, D-5, D-6 and D-7. 
Vessels within these sub-anchorages are 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.
    This rule maintains the requirement for all vessels that anchor 
anywhere else within Los Angeles or Long Beach harbors to obtain 
extended anchorage permission from the COTP if they wish to remain 
anchored for more than 10 consecutive days. In determining whether 
extended anchorage permission 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.

D. 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.

1. 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 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 is not 
significant, as it removes an obsolete anchorage ground that is no 
longer used and revises the permission and notification requirements 
for six of the deep draft anchorage grounds in Los Angeles and Long 
Beach Harbors, California. The revised permission and notification 
requirements do not restrict vessels from utilizing these deep draft 
anchorages. They simply require vessels in these anchorages to obtain 
permission from the COTP to remain longer than 48 hours. While we 
recognize that this rule shortens the amount of time that a vessel may 
remain in the deep draft anchorages B-7, B-9, B-11, D-5, D-6 and D-7 
from 10 days to 48 hours before being required to obtain extended 
anchorage permission from the COTP and may also increase the number of 
times that a vessel operator may be required to obtain extended 
anchorage permission, we anticipate this 48-hour notice requirement 
will not have a 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 received 0 comments from the Small Business 
Administration on this rule. 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.
    This 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 extended anchorage permission from the 
COTP 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. This rule will reduce congestion, enhance the 
effectiveness of anchorage management, and increase the availability of 
deep draft anchorages. It does not hamper the ability of commercial 
vessels to anchor inside of the Los Angeles and Long Beach harbor 
breakwater. Disestablishing Commercial Anchorage ``A'' has no affect on 
these entities because the anchorage area is no longer usable and has 
not been for some time.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule will 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. 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).

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 rule under that Order and determined 
that this rule does not have implications for federalism.

[[Page 71657]]

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

14. 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 concluded 
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 rule involves disestablishing one unusable anchorage 
ground and revising the permission 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. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard amends 
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. In Sec.  110.214, revise paragraph (a)(2)(i) and remove and reserve 
paragraph (b)(1) to read as follows:


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

    (a) * * *
    (2) * * *
    (i)(A) No vessel may anchor in deep draft sub-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 extended anchorage permission is 
obtained from the Captain of the Port. These sub-anchorages are defined 
by the following coordinates and dimensions:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Radius
             Anchorage                         Latitude                      Longitude                (yards)
----------------------------------------------------------------------------------------------------------------
B-7...............................  33-43' 52.0'' N                118-12' 47.9'' W                          450
B-9...............................  33-43' 28.5'' N                118-13' 10.5'' W                          500
B-11..............................  33-43' 44.5'' N                118-12' 17'' W                            450
D-5...............................  33-43' 40.5' N                 118-10' 30'' W                            450
D-6...............................  33-43' 40.5' N                 118-9' 57.5'' W                           450
D-7...............................  33-43' 40.5' N                 118-9' 25'' W                             450
----------------------------------------------------------------------------------------------------------------

    (B) No vessel may anchor anywhere else within Los Angeles or Long 
Beach harbors 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.
* * * * *

    Dated: November 14, 2014.
J.A. Servidio,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2014-28449 Filed 12-2-14; 8:45 am]
BILLING CODE 9110-04-P


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