Anchorage Regulations: Anchorage Grounds, Los Angeles and Long Beach Harbors, California, 10438-10441 [2014-03469]
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10438
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules
cooperative agreements shall not
provide for the payment of fee or profit
to the recipient.
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■ 4. In § 1260.14, paragraph (e) is added
to read as follows:
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.
AGENCY:
Comments and related material
must be received by the Coast Guard on
or before March 27, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0841 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is (202)
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Lieutenant Junior
Grade Blake Morris, Waterways
Management Division, U.S. Coast Guard
District 11, telephone (510) 437–3801,
email Blake.J.Morris@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
ACTION:
Table of Acronyms
§ 1260.14
Limitations.
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(e) Payment of fee or profit is
consistent with an activity whose
principal purpose is the acquisition of
goods and services for the direct benefit
or use of the United States Government,
rather than an activity whose principal
purpose is assistance. Therefore, the
grants officer shall use a procurement
contract, rather an assistance
instrument, in all cases where fee or
profit is to be paid to the recipient of the
instrument or the instrument is to be
used to carry out a program where fee
or profit is necessary to achieving
program objectives. Grants and
cooperative agreements shall not
provide for the payment of fee or profit
to the recipient.
[FR Doc. 2014–02988 Filed 2–24–14; 8:45 am]
BILLING CODE 7510–01–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
disestablish Commercial Anchorage ‘‘A’’
and to revise the permit and notification
requirements 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 permit and notification
requirements will 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.
The proposed revision will require
vessels using these deep draft
anchorages for more than 48 hours to
obtain an extended anchorage permit
from the Captain of the Port (COTP) Los
Angeles-Long Beach. This action will
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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DATES:
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
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comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2013–0841 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2013–0841 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting 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.
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B. Regulatory History and Information
33 CFR 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 an extended anchorage permit
from the COTP. It does not offer any
special consideration for the six
anchorages that can accommodate
vessels with lengths exceeding 800 feet
overall and drafts greater than 40 feet.
Due to the increasing size of
commercial vessels and the growth in
shipping traffic over the years, 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.
33 CFR 110.214(b)(1) establishes
Commercial Anchorage ‘‘A’’ within Los
Angeles Harbor. Commercial Anchorage
‘‘A’’ is a circular area with a radius of
400 yards, centered in position
33 °43’19.2’’ N, 118 °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.
C. Basis and Purpose
The legal basis for this proposed 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.
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This proposed rule has been
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 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. The final
purpose of this proposed rule is to
revise the permit and notification
requirements for the six anchorages
above, by requiring vessels anchored in
these anchorages for more than 48
consecutive hours, to obtain an
extended anchorage permit 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.
D. Discussion of Proposed Rule
The Coast Guard is proposing to
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°43′19.2″ N, 118°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 proposing to
revise the permit 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 the proposed
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 an extended anchorage
permit is obtained from the COTP.
These 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
congestion in deep draft anchorages B–
7, B–9, B–11, D–5, D–6 and D–7. Vessels
within these anchorages will be
required to justify remaining there
beyond 48 hours to the COTP, or be
prepared to move based on the needs of
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10439
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.
The proposed rule maintains the
requirement for all vessels that anchor
anywhere else within Los Angeles or
Long Beach harbors to obtain an
extended anchorage permit from the
COTP if they wish to remain anchored
for more than 10 consecutive days. In
determining whether an extended
anchorage permit 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.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 would not be
significant, as it removes an obsolete
anchorage ground that is no longer used
and revises the permit and notification
requirements for six of the deep draft
anchorage grounds in Los Angeles and
Long Beach Harbors, California. The
revised permit and notification
requirements do not restrict vessels
from utilizing these deep draft
anchorages. They will simply require
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vessels in these anchorages to obtain
permission from the COTP to remain
longer than 48 hours. While we
recognize that the proposed rule will
shorten the amount of time that a vessel
may remain in the deep draft
anchorages for B–7, B–9, B–11, D–5, D–
6 and D–7 from 10 days to 48 hours
before being required to obtain an
extended anchorage permit from the
COTP and may also increase the number
of times that a vessel operator may be
required to obtain an extended
anchorage permit, we anticipate this 48hour notice requirement will not have a
have 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 certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed 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 an extended
anchorage permit 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. The proposed rule will
reduce congestion, enhance the
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effectiveness of anchorage management,
and increase the availability of deep
draft anchorages. It will not hamper the
ability of commercial vessels to anchor
inside of the Los Angeles and Long
Beach harbor breakwater.
Disestablishing Commercial Anchorage
‘‘A’’ will have no affect on these entities
because the anchorage area is no longer
usable and has not been for some time.
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.
3. 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. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
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.
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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
proposed 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 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.
9. 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.
10. Protection of Children From
Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
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not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 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 disestablishing one
unusable anchorage ground and revising
the permit 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. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 110.214, remove and reserve
paragraph (b)(1) and revise paragraph
(a)(2)(i) to read as follows:
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■
§ 110.214 Los Angeles and Long Beach
Harbors, California.
(a) * * *
(2) * * *
(i) 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 an extended anchorage
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permit is obtained from the Captain of
the Port. No vessel may anchor
anywhere else within Los Angeles or
Long Beach harbors for more than 10
consecutive days unless an extended
anchorage permit is obtained from the
Captain of the Port. In determining
whether an extended anchorage permit
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.
*
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Dated: December 24, 2013.
K. L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2014–03469 Filed 2–24–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–HQ–OAR–2011–0151; FRL–9907–17–
OAR]
RIN 2060–AQ95
General Permits and Permits by Rule
for the Federal Minor New Source
Review Program in Indian Country
10441
If
you would like to present oral testimony
at the public hearing, please register by
contacting Mr. Matthew Langenfeld,
Environmental Protection Agency
Region 8, Air Program, Air Permitting,
Monitoring and Modeling Unit, Mail
Code 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202, telephone
number (303) 312–6284, facsimile
number (303) 312–6064, email address:
langenfeld.matthew@epa.gov. Please
register to present oral testimony by
March 10, 2014. If using email, please
provide the following information:
name, affiliation, address, email address
and telephone and fax numbers. All
speakers are encouraged to pre-register
by March 10, 2014 in order to speak at
the public hearing. Registration is not
required to attend and listen to the
testimony at the public hearing.
Questions concerning the proposed
rule that was published in the Federal
Register on January 14, 2014 should be
addressed to Mr. Christopher Stoneman,
Outreach and Information Division,
Office of Air Quality Planning and
Standards, (C–304–03), Environmental
Protection Agency, Research Triangle
Park, North Carolina, 27711, telephone
number (919) 541–0823, facsimile
number (919) 541–0072, email address:
stoneman.chris@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
AGENCY:
Public Hearing
The EPA published in the
Federal Register on January 14, 2014
(79 FR 2546), the proposed rule,
‘‘General Permits and Permits by Rule
for the Federal Minor New Source
Review Program in Indian Country.’’
The EPA is announcing a public hearing
date for the proposed rule.
DATES: The public hearing will be held
on March 12, 2014.
ADDRESSES: The public hearing will be
held on March 12, 2014 at the Colorado
Department of Public Health and
Environment, 4300 Cherry Creek Drive
South, Denver, CO 80246 (Sabin-Cleere
Conference Rooms). The hearing will
convene at 8:30 a.m. (Mountain
Standard Time) and end at 5:00 p.m.
(Mountain Standard Time) or after the
last pre-registered speaker has spoken,
whichever is earlier. A lunch break is
scheduled from 12:00 p.m. until 1:00
p.m. The EPA’s Web site for the
rulemaking, which includes the
proposal and information about the
hearing, can be found at: https://
www.epa.gov/air/tribal/tribalnsr.html.
The proposal for which the EPA is
holding the public hearing was
published in the Federal Register on
January 14, 2014, and is available at:
https://www.epa.gov/air/tribal/
tribalnsr.html and also in the docket
identified below. The public hearing
will provide interested parties the
opportunity to present oral comments
regarding the EPA’s proposed rule. The
EPA may ask clarifying questions during
the oral presentations, but will not
respond to the presentations at that
time. Written statements and supporting
information submitted during the
comment period will be considered
with the same weight as any oral
comments and supporting information
presented at the public hearing.
Commenters should notify Mr.
Langenfeld if they will need specific
equipment or if there are other special
needs related to providing comments at
the public hearing. The EPA will
provide equipment for commenters to
make computerized slide presentations
if we receive special requests in
advance. Oral testimony will be limited
to 5 minutes for each commenter. The
EPA encourages commenters to submit
to the docket a copy of their oral
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of public
hearing.
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10438-10441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03469]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to disestablish Commercial Anchorage
``A'' and to revise the permit and notification requirements 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 permit and
notification requirements will 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. The proposed revision will require vessels
using these deep draft anchorages for more than 48 hours to obtain an
extended anchorage permit 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: Comments and related material must be received by the Coast
Guard on or before March 27, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0841 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is (202) 366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Junior Grade Blake Morris, Waterways
Management Division, U.S. Coast Guard District 11, telephone (510) 437-
3801, email Blake.J.Morris@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2013-0841 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2013-0841 in the ``SEARCH'' box and click
``SEARCH.'' Click on 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets
[[Page 10439]]
in the January 17, 2008, issue of the Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting 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.
B. Regulatory History and Information
33 CFR 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 an extended anchorage permit from the COTP. It does
not offer any special consideration for the six anchorages that can
accommodate vessels with lengths exceeding 800 feet overall and drafts
greater than 40 feet.
Due to the increasing size of commercial vessels and the growth in
shipping traffic over the years, 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.
33 CFR 110.214(b)(1) establishes Commercial Anchorage ``A'' within
Los Angeles Harbor. 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. 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.
C. Basis and Purpose
The legal basis for this proposed 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.
This proposed rule has been 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 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. The final purpose of
this proposed rule is to revise the permit and notification
requirements for the six anchorages above, by requiring vessels
anchored in these anchorages for more than 48 consecutive hours, to
obtain an extended anchorage permit 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.
D. Discussion of Proposed Rule
The Coast Guard is proposing to 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 proposing to revise the permit 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 the proposed 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 an extended anchorage
permit is obtained from the COTP. These 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
congestion in deep draft anchorages B-7, B-9, B-11, D-5, D-6 and D-7.
Vessels within these anchorages will be 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.
The proposed rule maintains the requirement for all vessels that
anchor anywhere else within Los Angeles or Long Beach harbors to obtain
an extended anchorage permit from the COTP if they wish to remain
anchored for more than 10 consecutive days. In determining whether an
extended anchorage permit 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.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 would not
be significant, as it removes an obsolete anchorage ground that is no
longer used and revises the permit and notification requirements for
six of the deep draft anchorage grounds in Los Angeles and Long Beach
Harbors, California. The revised permit and notification requirements
do not restrict vessels from utilizing these deep draft anchorages.
They will simply require
[[Page 10440]]
vessels in these anchorages to obtain permission from the COTP to
remain longer than 48 hours. While we recognize that the proposed rule
will shorten the amount of time that a vessel may remain in the deep
draft anchorages for B-7, B-9, B-11, D-5, D-6 and D-7 from 10 days to
48 hours before being required to obtain an extended anchorage permit
from the COTP and may also increase the number of times that a vessel
operator may be required to obtain an extended anchorage permit, we
anticipate this 48-hour notice requirement will not have a have
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 certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed 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
an extended anchorage permit 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. The proposed rule will
reduce congestion, enhance the effectiveness of anchorage management,
and increase the availability of deep draft anchorages. It will not
hamper the ability of commercial vessels to anchor inside of the Los
Angeles and Long Beach harbor breakwater. Disestablishing Commercial
Anchorage ``A'' will have no affect on these entities because the
anchorage area is no longer usable and has not been for some time.
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.
3. 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. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that Order and
determined that this rule does not have implications for federalism.
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 proposed 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 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did
[[Page 10441]]
not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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
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
disestablishing one unusable anchorage ground and revising the permit
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. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
0
2. In Sec. 110.214, remove and reserve paragraph (b)(1) and revise
paragraph (a)(2)(i) to read as follows:
Sec. 110.214 Los Angeles and Long Beach Harbors, California.
(a) * * *
(2) * * *
(i) 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 an extended anchorage permit is obtained
from the Captain of the Port. No vessel may anchor anywhere else within
Los Angeles or Long Beach harbors for more than 10 consecutive days
unless an extended anchorage permit is obtained from the Captain of the
Port. In determining whether an extended anchorage permit 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: December 24, 2013.
K. L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2014-03469 Filed 2-24-14; 8:45 am]
BILLING CODE 9110-04-P
