[Federal Register: March 27, 2006 (Volume 71, Number 58)]
[Rules and Regulations]
[Page 15035-15037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr06-11]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing 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 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 will not have to sound signals in
restricted visibility.
DATES: Effective Date: April 26, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD11-04-005 and are available for inspection or
copying at Sector 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 Peter Gooding, USCG, Chief
of Waterways Management Division, at (310) 732-2020.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 5, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Special Anchorage Regulations; Long Beach, CA in the
Federal Register (69 FR 64546). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
Background and Purpose
The Coast Guard is establishing 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 regulations will
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 will 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.
Discussion of Comments and Changes
The Coast Guard received no comments on this rule and has not
changed the regulations from the published NPRM.
Regulatory Evaluation
This 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This rule 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
[[Page 15036]]
whether this 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 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 will 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. However, we
received no requests for assistance from any small entities.
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).
Collection of Information
This rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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.
Protection of Children
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 does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
0
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, 2030, 2035, and
2071; 33 CFR 1.05-1(g). Department of Homeland Security Delegation
No. 0170.1.
0
2. In Sec. 110.100, add paragraphs (c), (d), (e), and (f) to read as
follows:
[[Page 15037]]
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.
0
3. In Sec. 110.214, revise paragraphs (b)(2) and (5) to read as
follows:
Sec. 110.214 Los Angeles and Long Beach Harbors, CA
* * * * *
(b) * * *
(2) Commercial Anchorage B (Long Beach Harbor). An area enclosed by
a line joining the following coordinates:
------------------------------------------------------------------------
Latitude Longitude
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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.
------------------------------------------------------------------------
* * * * *
(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: March 16, 2006.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 06-2876 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-15-P