Proposed Rule2024-08636
Anchorage Regulations; Los Angeles and Long Beach Harbors, California
Primary source
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Published
April 23, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend the regulations for Los Angeles and Long Beach Harbors. This action would amend Anchorages F and G, and update anchorage usage and communication requirements. The purpose of this proposed rule is to improve navigation safety by modifying Anchorage F and G to accommodate an increased volume of vessel traffic and larger vessels calling on the Ports of Los Angeles and Long Beach and alleviate vessels anchoring near a subsea pipeline. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 79 (Tuesday, April 23, 2024)</title>
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[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30299-30303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08636]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2023-0868]
RIN 1625-AA01
Anchorage Regulations; Los Angeles and Long Beach Harbors,
California
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the regulations for Los
Angeles and Long Beach Harbors. This action would amend Anchorages F
and G, and update anchorage usage and communication requirements. The
purpose of this proposed rule is to improve navigation safety by
modifying Anchorage F and G to accommodate an increased volume of
vessel traffic and larger vessels calling on the Ports of Los Angeles
and Long Beach and alleviate vessels anchoring near a subsea pipeline.
We invite your comments on this proposed rulemaking.
[[Page 30300]]
DATES: Comments and related material must be received by the Coast
Guard on or before July 22, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0868 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Rubymar Sebastian-Echevarria at D11 Waterways, Coast
Guard; telephone (571) 613-2930 or (206) 820-5620, email <a href="/cdn-cgi/l/email-protection#713540405c35365c3540405c26100514030610080231040212165f1c181d"><span class="__cf_email__" data-cfemail="347005051970731970050519635540514643554d4774414757531a595d58">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
II. Abbreviations
III. Background, Purpose, and Legal Basis
IV. Discussion of Proposed Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Collection of Information
D. Federalism
E. Unfunded Mandates
F. Taking of Private Property
G. Civil Justice Reform
H. Protection of Children
I. Indian Tribal Governments
J. Energy Effects
K. Technical Standards
L. Environment
M. Protest Activities
I. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0868 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. That FAQ page also explains how to subscribe for
email alerts that will notify you when comments are posted or if a
final rule is published. We review all comments received, but we will
only post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
Public meeting. We do not plan to hold a public meeting but we will
consider doing so if we determine from public comments that a meeting
would be helpful. We would issue a separate Federal Register notice to
announce the date, time, and location of such a meeting.
II. Abbreviations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec. Section
U.S.C. United States Code
III. Background, Purpose, and Legal Basis
The Coast Guard proposes to amend Anchorages F and G in Los Angeles
and Long Beach Harbors to improve navigation safety and update
anchorage usage and communication requirements. The legal basis and
authorities for this notice of proposed rulemaking are found in 46
U.S.C. 70006, 33 CFR 109.05, 33 CFR 1.05-1, and DHS Delegation No.
00170.1 Revision 01.3, which collectively authorize the Coast Guard to
propose, establish, and define regulatory anchorage grounds. Under
Title 33 of the Code of Federal Regulation (CFR) Sec. 109.05, U.S.
Coast Guard District Commanders are delegated the authority to
establish anchorage grounds by the Commandant of the U.S. Coast Guard.
The Coast Guard established Anchorage Grounds under Title 33 CFR CGFR
67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-04-005, 71 FR
15036, Mar. 27, 2006.
IV. Discussion of Proposed Rule
The Coast Guard proposes to amend the boundaries and anchorage
requirements for Anchorages F and G in Los Angeles and Long Beach
Harbors. Changes in global demand patterns and supply chain disruptions
have contributed to port congestion and increased usage of Anchorages F
and G. Due to economies of scale, vessels calling on the Ports of Los
Angeles and Long Beach have increased in size and require more surface
area for anchoring and maneuvering. Additionally, a subsea pipeline is
located approximately less than one nautical mile from the anchorages.
For these reasons, the Coast Guard proposes expanding the distance
between anchorages and requiring vessels greater than 1600 gross tons
to place their propulsion plants in standby and have a second anchor
ready to let go when forecasted and/or observed wind speeds and gusts
are 35 knots or greater. This proposed requirement is needed to prevent
vessels from dragging anchor and to prevent harm to vessels, the port,
and the environment. The proposed regulation would update port, pilot,
and communication information to maintain proactive anchorage
management.
The specific anchorage boundaries and amendments are described in
detail in the proposed regulatory text at the end of the document.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analyses
based on these statutes or Executive orders follows.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been
[[Page 30301]]
reviewed by the Office of Management and Budget (OMB).
This proposed regulatory action determination is based on the need
to maintain navigation safety within the port by amending the
boundaries of Anchorages F and G and updating anchorage usage and
communication requirements. The proposed action would not negatively
impact navigation. Vessels would still be able to maneuver in, around
and through anchorages.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed 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. While some owners or operators of vessels intending to transit
the anchorage grounds may be small entities, for the reasons stated in
section V.A. above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this proposed rule would have a significant economic impact on
it, please submit a comment to the docket at the address listed in the
ADDRESSES section of this preamble. In your comment, explain why you
think it qualifies and how and to what degree this proposed rule would
economically affect it.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
D. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on 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 Executive Order
13132 and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. Our analysis follows.
The legal basis and authorities for this notice of proposed
rulemaking are found in 46 U.S.C. 70006, 33 CFR 109.05, 33 CFR 1.05-1,
and DHS Delegation No. 00170.1, which collectively authorize the Coast
Guard to propose, establish, and define regulatory anchorage grounds.
Therefore, this proposed rule is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132.
E. Unfunded Mandates
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 million (adjusted for
inflation) or more in any one year. Although this proposed rule would
not result in such an expenditure, we do discuss the potential effects
of this proposed rule elsewhere in this preamble.
F. 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).
G. 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.
H. Protection of Children
We have analyzed this proposed rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This proposed 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.
I. 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. If
you believe this proposed rule has implications for Indian Tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
J. Energy Effects
We have analyzed this proposed 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.
K. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (for example,
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
L. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 the
amendment of anchorages. This proposed rule would be categorically
excluded under paragraph L59(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration
[[Page 30302]]
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
M. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 110 Anchorage Grounds.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:
PART 110--Anchorage Regulations
0
1. The authority citation for part 110 is revised to read as follows:
Authority: 33 U.S.C. 2071, 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision
No. 01.3.
0
2. Amend Sec. 110.214, by revising and republishing paragraphs
(a)(1)(i), (ii), (a)(2)(i)(B), (a)(3), (b)(6), (7), and (c)(2) to read
as follows:
Sec. 110.214 Los Angeles and Long Beach harbors, California.
(a) * * *
(1) * * *
(i) Unless otherwise directed by the Captain of the Port Los
Angeles--Long Beach, the Long Beach Port Pilots will assign all
anchorages inside the federal breakwater. All anchorages outside
(seaward) of the federal breakwater will be assigned by Vessel Traffic
Service Los Angeles-Long Beach (VTS LA-LB). The master, pilot, or
person in charge of a vessel must notify the Long Beach Pilots (for
anchorages inside the federal breakwater) or VTS LA-LB (for anchorages
outside the federal breakwater) of their intention to anchor, upon
anchoring, and at least fifteen minutes prior to departing an
anchorage. All anchorage assignments will be made as described in this
part unless modified by the Captain of the Port.
(ii) Radio communications for port entities governing anchorages
are as follows: VTS LA-LB, call sign ``San Pedro Traffic'', Channel 14
VHF-FM; Long Beach Port Pilots, call sign ``Long Beach Pilots'',
Channel 12 VHF-FM.
* * * * *
(2) * * *
(i) * * *
(B) No vessel may anchor anywhere else within Los Angeles or Long
Beach harbors (inside the federal breakwater) for more than 10
consecutive days unless extended anchorage permission is obtained from
the Captain of the Port. In determining whether extended anchorage
permission will be granted, consideration will be given, but not
necessarily limited to: The current and anticipated demands for
anchorage space within the harbor, the requested duration, the
condition of the vessel, and the reason for the request.
* * * * *
(3) Other General Requirements.
(i) When at anchor, all commercial vessels greater than 1600 gross
tons shall, at all times, have a licensed or credentialed deck officer
on watch and maintain a continuous radio listening watch unless subject
to one of the exemptions in this paragraph. The radio watch must be on
CH-12 VHF-FM when anchored inside the federal breakwater, and on CH-14
VHF-FM when anchored outside the federal breakwater, except for
unmanned barges; vessels which have less than 100 gallons of oil or
fuel onboard regardless of how the fuel is carried; and other vessels
receiving advance approval from the Captain of the Port.
(ii) When winds are forecasted and/or observed at 35 knots or
greater (including wind gusts) vessels shall ensure their propulsion
plant is placed in immediate standby and a second anchor, if installed,
is made ready to let go. Vessels unable to comply with this requirement
must immediately notify the Captain of the Port. In such case, the
Captain of the Port may require additional precautionary measures,
including but not limited to one or more tugs standing by to render
immediate assistance.
* * * * *
(b) * * *
(6) Commercial Anchorage F (outside of Long Beach Breakwater). The
waters southeast of the Long Beach Breakwater bounded by a line
connecting the following coordinates:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Beginning Point................. 33-43' 6'' N...... 118-8' 6'' W
Thence west to.................. 33-43' 6'' N...... 118-10' 30'' W
Thence south/southeast to....... 33-42' 12'' N..... 118-9' 54'' W
Thence south/southeast to....... 33-40' 54'' N..... 118-9' 30'' W
Thence south/southeast to....... 33-38' 36'' N..... 118-7' 42'' W
Thence north/northeast to....... 33-40' 42'' N..... 118-6' 54'' W
------------------------------------------------------------------------
And thence north/northwest to the beginning point.
(7) Commercial Anchorage G (outside of the Middle Breakwater). The
waters south of the Middle Breakwater bounded by a line connecting the
following coordinates:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Beginning Point................. 33-43' 6'' N...... 118-11' 18'' W
Thence west to.................. 33-43' 6'' N...... 118-12' 18'' W
Thence south/southwest to....... 33-42' 24'' N..... 118-14' 18'' W
Thence southeast to............. 33-40' 48'' N..... 118-13' 0'' W
Thence northeast................ 33-41' 0'' N...... 118-12' 18'' W
Thence east/northeast to........ 33-42' 12'' N..... 118-11' 36'' W
------------------------------------------------------------------------
And thence north/northeast to the beginning point.
* * * * *
(c) * * *
(2) The geographic boundaries of each anchorage are contained in
paragraph (b) of this section.
[[Page 30303]]
Table 110.214(c)
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Anchorage General location Purpose Specific regulations
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A.................................. Los Angeles Harbor... Commercial........... Note a.
B.................................. Long Beach Harbor.... ......do............. ......Do.
C.................................. ......do............. ......do............. Notes a, g.
D.................................. ......do............. Commercial & Naval... Notes a, b, g.
E.................................. ......do............. Commercial........... Note c.
F.................................. Outside Breakwater... ......do............. Notes c, d, g.
G.................................. ......do............. ......do............. Notes c, d.
N.................................. Los Angeles Harbor... Small Craft.......... Note e.
P.................................. Long Beach Harbor.... ......do............. Note f.
Q.................................. ......do............. ......do............. Notes c, g.
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Notes:
a. Bunkering and lightering are permitted.
b. West of 118[deg]-09'-48'' W priority for use of the anchorage will be given to commercial vessels over 244
meters (approximately 800 feet). East of 118[deg]-09'-48'' W priority for use of the anchorage will be given
to Naval and Public vessels, vessels under Department of Defense charter, and vessels requiring use of the
explosives anchorage.
c. Bunkering and lightering are prohibited.
d. This anchorage is within a Regulated Navigation Area and additional requirements apply as set forth in 33 CFR
165.1109(e).
e. This anchorage is controlled by the Los Angeles Port Police. Anchoring, mooring and recreational boating
activities conforming to applicable City of Los Angeles ordinances and regulations are allowed in this
anchorage.
f. This anchorage is controlled by the Long Beach Harbor Master. Anchoring, mooring and recreational boating
activities conforming to applicable City of Long Beach ordinances and regulations are allowed in this
anchorage.
g. When the explosives anchorage is activated portions of this anchorage lie within the explosives anchorage and
the requirements of paragraph (d) of this section apply.
* * * * *
Dated: April 16, 2024.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2024-08636 Filed 4-22-24; 8:45 am]
BILLING CODE 9110-04-P
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