[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Proposed Rules]
[Pages 10043-10044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4409]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD11-95-001]
RIN 2115-AA98
Anchorage Grounds; Pacific Ocean at Santa Catalina Island, CA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to reduce the Isthmus Cove Anchorage
Grounds off Santa Catalina Island, CA to exclude the area designated as
the Wrigley Marine Science Center Marine Life Refuge, formerly known as
the Catalina Marine Science Center Marine Life Refuge, from the Isthmus
Cove Anchorage Grounds. The Coast Guard proposes to voluntarily reduce
the geographic limits of the Anchorage Grounds at the suggestion of the
State of California. In establishing the Marine Life Refuge, California
has prohibited unauthorized anchoring in the affected area under state
law. In order to reduce confusion among recreational and commercial
mariners, and in order to enhance the safety of navigation in support
of the efforts of the State of California, the Coast Guard proposes to
exclude the area encompassed by the Marine Life Refuge from the
Anchorage Grounds.
DATES: Comments must be received on or before April 24, 1995.
ADDRESSES: Comments may be mailed to Commander (oan), Eleventh Coast
Guard District, 501 W. Ocean Blvd., Suite 6200, Long Beach, CA 90822-
5399, Attn: CGD11-95-001, or may be delivered to the same address
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant P. C. Barnett, Aids to Navigation and Waterways Management
Branch, telephone (310) 980-4300, extension 513.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this proposed rulemaking by submitting written data, views, or
arguments. Persons submitting comments should include their names and
addresses, identify this rulemaking (CGD11-95-001) and the specific
section of the proposal to which each comment applies, and give the
reason for each comment. The Coast Guard requests that all comments and
attachments be submitted in an unbound format suitable for copying and
electronic filing. If not practical, a second copy of any bound
materials is requested. Persons wanting acknowledgment of receipt of
comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the comment
period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Project Manager at the address under
ADDRESSES. The request should include reasons why a hearing would be
[[Page 10044]] beneficial. If it determines that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are
Lieutenant P.C. Barnett, Eleventh Coast Guard District, Aids to
Navigation and Waterways Management Branch, Project Officer, and
Lieutenant R.J. Barber, Eleventh Coast Guard District Legal Office,
Project Attorney.
Background and Purpose
The Isthmus Cove Anchorage Grounds (the Anchorage) were codified by
final rulemaking CGFR 67-46, published in 32 FR 17728 (December 12,
1967). The Wrigley Marine Science Center (the Center) was built during
that same year. The Center's primary function was and continues to be
to provide an environment that facilitates scientific investigation. It
was intentionally located in close proximity to a virtually undisturbed
marine environment to allow researchers the opportunity to conduct
long-term underwater investigations of sea life under conditions where
human influences are minimal.
In 1988, the state of California established the Wrigley Marine
Science Center Marine Life Refuge (the Refuge), formerly known as the
Catalina Marine Science Center Marine Life Refuge, near the Center. A
portion of the waters of the Refuge is located within the waters of the
Anchorage.
In order to protect and preserve the delicate ecosystem of the
Refuge and to prevent damage caused by anchors to the valuable
scientific equipment being used to conduct research within the Refugee,
the state of California, as part of the original legislation
establishing the Refuge, prohibits unauthorized anchoring and mooring
within the Refuge.
Discussion of Proposed Regulations
The proposed amendment to the Isthmus Cove Anchorage Grounds
regulation seeks to reduce the size of the Anchorage by removing from
it the waters located in Fisherman Cove and those waters shoreward from
a line extending approximately 50 yards from shore connecting Blue
Cavern Point to Fisherman Cove. In order to reduce confusion among
recreational and commercial mariners, and in order to enhance the
safety of navigation in support of the efforts of the State of
California, the Coast Guard proposes to exclude the area encompassed by
the Marine Life Refuge from the Anchorage Grounds.
The proposed amendment to the regulation also describes the
Anchorage more accurately by using coordinates in addition to making
reference to well-known landmarks.
Regulatory Evaluation
This proposal is not a significant regulatory action under Section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under Section 6(a)(3) of that Order. It
has been exempted from review by the Office of Management and Budget
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the Department of Transportation regulatory policies
and procedures is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal would have significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because it expects the impact of this proposal to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposal, if adopted, will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2 of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Proposed Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend Part 110 of Title 33, Code of Federal Regulations, as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for Part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
is also issued under 33 U.S.C. 1223 and 1231.
2. Section 110.216 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 110.216 Pacific Ocean at Santa Catalina Island, CA
(a) * * *
(2) Isthmus Cove. All the waters bounded by a line connecting the
following coordinates, beginning at 33 deg.-27'-12'' N, 118 deg.-30'-
05'' W (the promontory known as Lion Head); thence southeast to
33 deg.-26'-55.5'' N, 118 deg.-28'-44'' W; thence west-southwest to
33 deg.-26'-50'' N, 118 deg.-29'-08'' W; thence southwest to 33 deg.-
26'-39'' N, 118 deg.-29'-19'' W; thence along the shoreline returning
to the point of origin, excluding the following-described non-anchorage
area: an area 300 feet wide (170 feet west and 130 feet east of the
centerline of the Catalina Island Steamship Line pier), extending 1600
feet from the root of the pier, and an area 150 feet seaward of the
shoreline extending approximately 1500 feet east and 1500 feet
northwest of the centerline of said pier.
* * * * *
Dated: January 19, 1995.
D.D. Polk,
Captain, U.S. Coast Guard Commander, Eleventh Coast Guard District,
Acting.
[FR Doc. 95-4409 Filed 2-22-95; 8:45 am]
BILLING CODE 4910-14-M
