Anchorage Regulations: Special Anchorage Areas, Marina del Rey Harbor, California, 30509-30511 [2014-12178]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
through: https://www.regulations.gov.
Electronic submission and retrieval help
and guidelines are available on the Web
site. It is available 24 hours each day,
365 days each year. Please follow the
instructions. An electronic copy of this
document may also be downloaded
from the Federal Register’s home page
at: https://www.federalregister.gov.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Background
On March 28, 2014, the FHWA
published in the Federal Register a
NPRM proposing changes to 23 CFR
part 924, the regulations for the
Highway Safety Improvement Program.
The NPRM proposed to address
provisions in the Moving Ahead for
Progress in the 21st Century Act (MAP–
21) as well as to incorporate
clarifications to better explain existing
regulatory language. Specifically, the
rule proposes to amend DOT’s
regulations to address MAP–21
provisions that removed the
requirement for States to prepare a
Transparency Report, removed the High
Risk Rural Roads set-aside, and removed
the 10 percent flexibility provision for
States to use safety funding in
accordance with 23 U.S.C. 148(e). This
NPRM also proposes to amend DOT’s
regulations to address a MAP–21
provision that requires DOT to establish
a subset of roadway data elements that
are useful to the inventory of roadway
safety, and to ensure that States adopt
and use the subset. Finally, this NPRM
proposes to address MAP–21 provisions
that add State Strategic Highway Safety
Plan update requirements and require
States to report HSIP performance
targets.
The original comment period for the
NPRM closes on May 27, 2014. The
AASHTO has expressed concern that
this closing date does not provide
sufficient time to review and provide
comprehensive comments on the related
FHWA/FTA Statewide and
Nonmetropolitan Transportation
Planning; Metropolitan Transportation
Planning NPRM (FHWA RIN 2125–
AF52; FTA RIN 2132–AB10). The
FHWA recognizes that others interested
in commenting may have similar
concerns and agrees that the comment
period should be extended. To allow
time for this organization and others to
submit comprehensive comments, the
closing date is changed from May 27,
2014, to June 30, 2014.
Authority: 23 U.S.C. 104(b)(3), 130, 148,
and 315; 49 CFR 1.85.
VerDate Mar<15>2010
18:13 May 27, 2014
Jkt 232001
Issued on: May 21, 2014.
Gregory G. Nadeau,
Deputy Administrator, Federal Highway
Administration.
[FR Doc. 2014–12153 Filed 5–27–14; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF HOMELAND
SECURITY
30509
rule, call or email Lieutenant Junior
Grade Zachary Bonheim, Waterways
Management Division, U.S. Coast Guard
District 11, telephone (510) 437–2978,
email Zachary.W.Bonheim@uscg.mil. 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:
Coast Guard
Table of Acronyms
33 CFR Part 110
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[Docket No. USCG–2014–0142]
RIN 1625–AA01
Anchorage Regulations: Special
Anchorage Areas, Marina del Rey
Harbor, California
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
disestablish the special anchorage area
at the north end of the main channel in
Marina del Rey Harbor, California.
Several marina expansion projects have
encroached upon the anchorage. Vessels
rarely use the anchorage due to a high
volume of traffic moving through it as
vessels transit in and out of the harbor.
This proposed action will remove the
anchorage area from the regulations.
Vessels may anchor in the harbor during
storms, stress, or other emergency
situations.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 27, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2014–0142 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
DATES:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
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–2014–0142 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
E:\FR\FM\28MYP1.SGM
28MYP1
30510
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
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–2014–0142 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
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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 110.111 establishes a special
anchorage area in the main channel of
Marina del Rey Harbor. The anchorage
has the following described boundaries:
Beginning at the most northeasterly
corner in position 33°58′58″ N,
118°26′46″ W; thence southerly to
33°58′53″ N, 118°26′46″ W; thence
southeasterly to 33°58′52″ N, 118°26′45″
W; thence southerly to 33°58′39″ N,
118°26′45″ W; thence westerly to
33°58′38″ N, 118°26′55″ W; thence
northerly to 33°59′00″ N, 118°26′55″ W;
thence easterly to the point of
beginning.
The anchorage area is reserved for
yachts and other recreational craft and
for all types of small craft during storm,
stress, or other emergency. Single and
fore-and-aft moorings are allowed in the
VerDate Mar<15>2010
16:35 May 27, 2014
Jkt 232001
area as permitted by the director of the
Department of Small Craft Harbors, Los
Angeles County.
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.
The purpose of this proposed rule is
to align the regulations with the current
and future configuration of the main
channel and docking facilities in Marina
del Rey Harbor. Since this special
anchorage area was established, several
projects have expanded docking
facilities at the north end of the channel.
These docks now encroach on the
anchorage area, and future projects are
planned to continue this expansion. It
has become necessary to either redefine
the boundaries of the anchorage, or
remove it from the regulations.
Vessel and facility operators in the
harbor have given feedback that the
anchorage is very rarely used. Since the
anchorage is in the center of the main
channel, a high volume of recreational
vessel traffic transits through the area on
a consistent basis, making it both
impractical and unsafe for vessels to
anchor there.
Due to its limited use, the Coast
Guard proposes to disestablish the
anchorage. This action will also reduce
the regulatory burden on the public by
eliminating an unnescessary section
from the CFR.
D. Discussion of Proposed Rule
The Coast Guard is proposing to
disestablish the special anchorage area
at the north end of the main channel in
Marina del Rey Harbor, California in 33
CFR 110.111. This action will remove
33 CFR 110.111 and reserve it for future
use. The anchorage area will be
removed from all charts, publications
and other navigational references. This
proposed rule will not prevent vessels
from anchoring in the harbor during
storms, stress, or other emergency
situations.
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
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
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 anticipate that this proposed
rule will not have a significant impact
on vessel owners and operators, as it
removes an obsolete anchorage area that
is very rarely used.
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 recreational vessels
intending to anchor in the affected area.
The disestablishment of this
anchorage would not have a significant
economic impact on a substantial
number of small entitities for the
following reasons: Due to the high
volume of vessel traffic transiting
through Marina del Rey’s main channel,
it is both impractical and unsafe to
utilize this anchorage. For this reason,
very few recreational vessels and other
small craft anchor in the area. Vessels
will not be prevented from anchoring in
the harbor during storms, stress, or other
emergency situations.
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
E:\FR\FM\28MYP1.SGM
28MYP1
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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,
VerDate Mar<15>2010
18:13 May 27, 2014
Jkt 232001
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
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 the special
anchorage area at the north end of the
main channel in Marina del Rey Harbor,
California. The anchorage is rarely used
and has been encroached upon by
several docking facilities. 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
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
30511
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 110.111 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.
§ 110.111
■
[Removed and Reserved]
2. Remove and reserve § 110.111.
Dated: April 30, 2014.
K.L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2014–12178 Filed 5–27–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 405 and 414
[CMS–6050–P]
RIN 0938–AR85
Medicare Program; Prior Authorization
Process for Certain Durable Medical
Equipment, Prosthetics, Orthotics, and
Supplies (DMEPOS) Items
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
establish a prior authorization process
for certain durable medical equipment,
prosthetics, orthotics, and supplies
(DMEPOS) items that are frequently
subject to unnecessary utilization and
would add a contractor’s decision
regarding prior authorization of
coverage of DMEPOS items to the list of
actions that are not initial
determinations and therefore not
appealable.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. Eastern Standard Time on
July 28, 2014.
SUMMARY:
E:\FR\FM\28MYP1.SGM
28MYP1
]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Proposed Rules]
[Pages 30509-30511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12178]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2014-0142]
RIN 1625-AA01
Anchorage Regulations: Special Anchorage Areas, Marina del Rey
Harbor, California
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to disestablish the special anchorage
area at the north end of the main channel in Marina del Rey Harbor,
California. Several marina expansion projects have encroached upon the
anchorage. Vessels rarely use the anchorage due to a high volume of
traffic moving through it as vessels transit in and out of the harbor.
This proposed action will remove the anchorage area from the
regulations. Vessels may anchor in the harbor during storms, stress, or
other emergency situations.
DATES: Comments and related material must be received by the Coast
Guard on or before June 27, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0142 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 Zachary Bonheim, Waterways
Management Division, U.S. Coast Guard District 11, telephone (510) 437-
2978, email Zachary.W.Bonheim@uscg.mil. 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
CFR Code of Federal Regulations
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-2014-0142 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
[[Page 30510]]
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-2014-0142 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 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 110.111 establishes a special anchorage area in the main
channel of Marina del Rey Harbor. The anchorage has the following
described boundaries: Beginning at the most northeasterly corner in
position 33[deg]58'58'' N, 118[deg]26'46'' W; thence southerly to
33[deg]58'53'' N, 118[deg]26'46'' W; thence southeasterly to
33[deg]58'52'' N, 118[deg]26'45'' W; thence southerly to 33[deg]58'39''
N, 118[deg]26'45'' W; thence westerly to 33[deg]58'38'' N,
118[deg]26'55'' W; thence northerly to 33[deg]59'00'' N,
118[deg]26'55'' W; thence easterly to the point of beginning.
The anchorage area is reserved for yachts and other recreational
craft and for all types of small craft during storm, stress, or other
emergency. Single and fore-and-aft moorings are allowed in the area as
permitted by the director of the Department of Small Craft Harbors, Los
Angeles County.
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.
The purpose of this proposed rule is to align the regulations with
the current and future configuration of the main channel and docking
facilities in Marina del Rey Harbor. Since this special anchorage area
was established, several projects have expanded docking facilities at
the north end of the channel. These docks now encroach on the anchorage
area, and future projects are planned to continue this expansion. It
has become necessary to either redefine the boundaries of the
anchorage, or remove it from the regulations.
Vessel and facility operators in the harbor have given feedback
that the anchorage is very rarely used. Since the anchorage is in the
center of the main channel, a high volume of recreational vessel
traffic transits through the area on a consistent basis, making it both
impractical and unsafe for vessels to anchor there.
Due to its limited use, the Coast Guard proposes to disestablish
the anchorage. This action will also reduce the regulatory burden on
the public by eliminating an unnescessary section from the CFR.
D. Discussion of Proposed Rule
The Coast Guard is proposing to disestablish the special anchorage
area at the north end of the main channel in Marina del Rey Harbor,
California in 33 CFR 110.111. This action will remove 33 CFR 110.111
and reserve it for future use. The anchorage area will be removed from
all charts, publications and other navigational references. This
proposed rule will not prevent vessels from anchoring in the harbor
during storms, stress, or other emergency situations.
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 anticipate that this
proposed rule will not have a significant impact on vessel owners and
operators, as it removes an obsolete anchorage area that is very rarely
used.
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 recreational
vessels intending to anchor in the affected area.
The disestablishment of this anchorage would not have a significant
economic impact on a substantial number of small entitities for the
following reasons: Due to the high volume of vessel traffic transiting
through Marina del Rey's main channel, it is both impractical and
unsafe to utilize this anchorage. For this reason, very few
recreational vessels and other small craft anchor in the area. Vessels
will not be prevented from anchoring in the harbor during storms,
stress, or other emergency situations.
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
[[Page 30511]]
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 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 the special anchorage area at the north end of
the main channel in Marina del Rey Harbor, California. The anchorage is
rarely used and has been encroached upon by several docking facilities.
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 110.111 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.
Sec. 110.111 [Removed and Reserved]
0
2. Remove and reserve Sec. 110.111.
Dated: April 30, 2014.
K.L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2014-12178 Filed 5-27-14; 8:45 am]
BILLING CODE 9110-04-P
