81_FR_10195 81 FR 10156 - Anchorage Regulations: Special Anchorage Areas, Marina del Rey Harbor, California

81 FR 10156 - Anchorage Regulations: Special Anchorage Areas, Marina del Rey Harbor, California

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 39 (February 29, 2016)

Page Range10156-10158
FR Document2016-04336

On May 28, 2014, the Coast Guard published a notice of proposed rulemaking (NPRM) to disestablish the special anchorage in Marina del Rey Harbor, California. Based on the comments received in response to that NPRM, we are now proposing to amend the shape and reduce the size of the special anchorage in Marina del Rey Harbor, California. Additionally, we propose to clarify the language in the note section of the existing regulation. This SNPRM would leave sufficient navigable water on adjacent sides of the anchorage for vessel traffic, effectively removing this special anchorage area from a location where it could endanger vessel traffic.

Federal Register, Volume 81 Issue 39 (Monday, February 29, 2016)
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Proposed Rules]
[Pages 10156-10158]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04336]



[[Page 10156]]

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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: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: On May 28, 2014, the Coast Guard published a notice of 
proposed rulemaking (NPRM) to disestablish the special anchorage in 
Marina del Rey Harbor, California. Based on the comments received in 
response to that NPRM, we are now proposing to amend the shape and 
reduce the size of the special anchorage in Marina del Rey Harbor, 
California. Additionally, we propose to clarify the language in the 
note section of the existing regulation. This SNPRM would leave 
sufficient navigable water on adjacent sides of the anchorage for 
vessel traffic, effectively removing this special anchorage area from a 
location where it could endanger vessel traffic.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 14, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0142 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Van Vu, Waterways Management Division, U.S. 
Coast Guard District 11, telephone (510) 437-2978, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The legal basis for the proposed rule is: 33 U.S.C. 471, 1221, 
through 1236, and 2071; 33 CFR 1.05-1; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorized the Coast 
Guard to define anchorage areas. A special anchorage area is a 
designated water area within which vessels less than 65 feet (20 
meters) in length are not required to: Sound signals required by Rule 
35 of the Inland Navigation Rules (33 CFR 83.35); or exhibit the white 
anchor lights or shapes required by Rule 30 of the Inland Navigation 
Rules (33 CFR 83.30). By regulation, special anchorage areas should be 
well removed from the fairways and located where general navigation 
will not endanger or be endangered by unlighted vessels (33 CFR 
109.10).
    This supplemental notice of proposed rulemaking (SNPRM) is intended 
to reduce the size of the anchorage. The amended anchorage will leave 
sufficient navigable water on adjacent sides of the anchorage for 
vessel traffic, effectively removing the anchorage from a location 
where it could endanger vessel traffic. The proposed rule would better 
accommodate transiting vessels and create a clearly defined area for 
anchored vessels, thus improving navigation safety.

A. Regulatory History and Information

    In 1967, the Coast Guard placed the regulation for a special 
anchorage area in the main channel of Marina del Rey in 33 CFR, as 
anchorage regulations were transferred from the Army Corp of Engineers 
to the Coast Guard (32 FR 17726, 17737, Dec. 12, 1967). The specific 
regulations and boundaries for this special anchorage area are defined 
by coordinates in 33 CFR 110.111.
    On May 28, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Regulations: Special Anchorage Area, Marina 
del Rey, California, in the Federal Register (79 FR 30509) to 
disestablish the anchorage. The purpose was to align the regulations 
with the current and future configuration of the main channel and 
docking facilities. On November 4, 2014, we published a notice for a 
public meeting (79 FR 65361). The meeting was held in Marina del Rey, 
CA on November 20, 2014. At the public meeting, we heard from six 
speakers. For greater public participation, all comments submitted to 
the public docket as late as January 5, 2015 were considered. In 
addition to the six speakers at the public meeting, we received 
comments in 44 written submissions to the docket. Based on all comments 
received we have prepared this supplemental notice of proposed 
rulemaking (SNPRM) which proposes to maintain the anchorage but amend 
the boundaries and reduce the size of the anchorage.

B. Discussion of Comments on NPRM and Changes

    The Coast Guard received 44 written submissions to the docket and 
heard from six speakers at the public meeting regarding the NRPM to 
disestablish the anchorage. All written submissions thru the portal, 
the recorded transcript of the public meeting and all other documents 
pertaining to this topic are available in the public docket for this 
rulemaking, where indicated under ADDRESSES.
    Below, we have summarized the received comments and our response to 
these comments.
    The Coast Guard received 31 comments to keep the anchorage as is or 
to establish an alternate anchorage at another location in the harbor. 
The Coast Guard understands the commenters' concern of the need for a 
safe refuge for transiting recreational vessels during storms or other 
dangerous conditions. Thus, we are proposing a smaller anchorage as an 
option for mariners.
    The Coast Guard received eight comments for a public hearing and 
additional time for public comment. We held a public meeting in Marina 
Del Rey on November 20, 2014 and considered comments received until 
January 5, 2015.
    The Coast Guard received nine comments in support of removing the 
anchorage. Some of those comments indicated that vessels anchoring in 
the existing anchorage in the main channel create an unsafe situation. 
Other comments reported mariners rarely use the anchorage and there is 
little knowledge of its existence. The special anchorage is clearly 
marked on the chart with reference to the applicable regulation. A copy 
of the National Oceanic and Atmospheric Administration (NOAA) Office of 
Coast Survey Chart number 18744 has been posted to the docket to 
illustrate this point. The Coast Guard has determined the current 
special anchorage area encompassing the entire channel width at the 
north end of the harbor could cause an unsafe situation. In this SNPRM, 
the Coast Guard is proposing a smaller special anchorage area which 
will allow vessel traffic to pass safely on all sides.
    The Coast Guard received two comments and questions at the public

[[Page 10157]]

meeting in November concerning proposed projects located outside of the 
anchorage area. The Coast Guard indicated these comments addressed 
areas and subjects outside the anchorage that would not impact the 
existing anchorage and were beyond the scope of the proposed 
rulemaking.

III. Discussion of SNPRM Proposed Rule

    This proposed rule would decrease the size of the current anchorage 
in Marina del Rey harbor. Currently, it is a trapezoid-shaped anchorage 
of approximately 0.48 square nautical miles. The Coast Guard proposes 
to change the shape of the anchorage from a trapezoid to a rectangle 
and decrease its size from approximately 0.48 to 0.11 square nautical 
miles. The revised anchorage would be moved to the middle of the 
channel across from Burton Chace Park, with its northern boundary line 
approximately from the midpoint of basin G extending south to the 
midpoint of Basin H. The anchorage dimensions would be 1154 feet in 
length and 365 feet in width. The distance from the closest shore side 
dock to the anchorage boundary would be approximately 243 feet. The 
anchorage boundaries are described, using precise coordinates, in the 
proposed regulatory text at the end of this document.
    This proposed rule would also amend the note section for 33 CFR 
110.111 to clarify the purpose of the anchorage, as well as the types 
of vessels eligible to use the anchorage. It would also reflect that 
the Marina del Rey Harbor Master, Los Angeles County, prescribes local 
regulations for mooring and boating activities in this harbor, rather 
than the Director, Department of Small Craft Harbors, Los Angeles 
County, which is obsolete. This updated note will clarify the role of 
the Marina del Rey Harbor Master in the administration of the special 
anchorage.

IV. Regulatory Analyses

    We developed this 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.

A. Regulatory Planning and Review

    This 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 the economic impact of this proposed rule would not be 
significant to the maritime and local community. The existing anchorage 
is currently used only in emergency circumstances, and this proposed 
change will not significantly reduce the number of vessels using the 
anchorage.

B. 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. This proposed rule may affect the following entities, 
some of which might be small entities: The owners or operator of 
recreational vessels that have a need to anchor in Marina del Rey 
special anchorage.
    This proposed rule would not have a significant impact on a 
substantial number of small entities. Although this rule would decrease 
the size of the special anchorage area, the proposed dimensions provide 
sufficient space for vessels to anchor when authorized by the Harbor 
Master, without presenting a hazard to vessels transiting in the 
channel.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States or 
local governments and would either preempt State law or impose a 
substantial direct cost of compliance on them. We have analyzed this 
rule under that Order and determined that this rule does not have 
implications for federalism.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this 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 the 
amendment of a currently-existing anchorage area. Normally such actions 
are categorically excluded from further review under paragraph 34(f) of 
Figure 2-1 of the Commandant Instruction M16475.1D. A preliminary 
environmental analysis checklist 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 rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material

[[Page 10158]]

received during the comment period. As demonstrated by this SNPRM, 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.
    We encourage you to submit comments through the Federal erulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instruction.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this SNPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.
    We plan to hold a public meeting to receive oral comments on this 
SNPRM and will announce the date, time, and location in a separate 
document published in the Federal Register. If you signed up for docket 
email alerts mentioned in the paragraph above, you will receive an 
email notice when the public meeting notice is published and placed in 
the docket.

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, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec.  110.111 to read as follows:


Sec.  110.111  Marina del Rey Harbor, Calif.

    An area in the main channel encompassed within the following 
described boundaries: Beginning at the northeasterly corner in position 
latitude 33[deg]58'41.6'' N., longtitude 118[deg]26'50.8'' W.; thence 
southerly to latitude 33[deg]58'30.2'' N., longtitude 118[deg]26'50.8'' 
W.; thence westerly to latitude 33[deg]58'30.2'' N., longtitude 
118[deg]26'55.1'' W.; thence northerly to latitude 33[deg]58'41.6'' N., 
longtitude 118[deg]26'55.1'' W.; thence easterly to the point of 
origin. All coordinates referenced North American Datum 1983.

    Note to Sec.  110.111:  The Marina Del Rey Harbor Master, Los 
Angeles County prescribes local regulations for mooring and boating 
activities in this area.


    Dated: February 8, 2016.
J. A. Servidio,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2016-04336 Filed 2-26-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                      10156                 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Proposed Rules

                                                      DEPARTMENT OF HOMELAND                                  II. Background, Purpose, and Legal                    received comments in 44 written
                                                      SECURITY                                                Basis                                                 submissions to the docket. Based on all
                                                                                                                 The legal basis for the proposed rule              comments received we have prepared
                                                      Coast Guard                                                                                                   this supplemental notice of proposed
                                                                                                              is: 33 U.S.C. 471, 1221, through 1236,
                                                                                                              and 2071; 33 CFR 1.05–1; and                          rulemaking (SNPRM) which proposes to
                                                      33 CFR Part 110                                                                                               maintain the anchorage but amend the
                                                                                                              Department of Homeland Security
                                                                                                              Delegation No. 0170.1, which                          boundaries and reduce the size of the
                                                      [Docket No. USCG–2014–0142]
                                                                                                              collectively authorized the Coast Guard               anchorage.
                                                                                                              to define anchorage areas. A special                  B. Discussion of Comments on NPRM
                                                      RIN 1625–AA01
                                                                                                              anchorage area is a designated water                  and Changes
                                                      Anchorage Regulations: Special                          area within which vessels less than 65                   The Coast Guard received 44 written
                                                      Anchorage Areas, Marina del Rey                         feet (20 meters) in length are not                    submissions to the docket and heard
                                                      Harbor, California                                      required to: Sound signals required by                from six speakers at the public meeting
                                                                                                              Rule 35 of the Inland Navigation Rules                regarding the NRPM to disestablish the
                                                      AGENCY: Coast Guard, DHS.                               (33 CFR 83.35); or exhibit the white                  anchorage. All written submissions thru
                                                      ACTION:Supplemental notice of                           anchor lights or shapes required by Rule              the portal, the recorded transcript of the
                                                      proposed rulemaking.                                    30 of the Inland Navigation Rules (33                 public meeting and all other documents
                                                                                                              CFR 83.30). By regulation, special                    pertaining to this topic are available in
                                                      SUMMARY:   On May 28, 2014, the Coast                   anchorage areas should be well removed                the public docket for this rulemaking,
                                                      Guard published a notice of proposed                    from the fairways and located where                   where indicated under ADDRESSES.
                                                      rulemaking (NPRM) to disestablish the                   general navigation will not endanger or                  Below, we have summarized the
                                                      special anchorage in Marina del Rey                     be endangered by unlighted vessels (33                received comments and our response to
                                                      Harbor, California. Based on the                        CFR 109.10).                                          these comments.
                                                      comments received in response to that                      This supplemental notice of proposed                  The Coast Guard received 31
                                                      NPRM, we are now proposing to amend                     rulemaking (SNPRM) is intended to                     comments to keep the anchorage as is or
                                                      the shape and reduce the size of the                    reduce the size of the anchorage. The                 to establish an alternate anchorage at
                                                      special anchorage in Marina del Rey                     amended anchorage will leave sufficient               another location in the harbor. The
                                                      Harbor, California. Additionally, we                    navigable water on adjacent sides of the              Coast Guard understands the
                                                      propose to clarify the language in the                  anchorage for vessel traffic, effectively             commenters’ concern of the need for a
                                                      note section of the existing regulation.                removing the anchorage from a location                safe refuge for transiting recreational
                                                      This SNPRM would leave sufficient                       where it could endanger vessel traffic.               vessels during storms or other
                                                      navigable water on adjacent sides of the                The proposed rule would better                        dangerous conditions. Thus, we are
                                                      anchorage for vessel traffic, effectively               accommodate transiting vessels and                    proposing a smaller anchorage as an
                                                      removing this special anchorage area                    create a clearly defined area for                     option for mariners.
                                                      from a location where it could endanger                 anchored vessels, thus improving                         The Coast Guard received eight
                                                      vessel traffic.                                         navigation safety.                                    comments for a public hearing and
                                                      DATES: Comments and related material                                                                          additional time for public comment. We
                                                                                                              A. Regulatory History and Information
                                                      must be received by the Coast Guard on                                                                        held a public meeting in Marina Del Rey
                                                      or before April 14, 2016.                                 In 1967, the Coast Guard placed the                 on November 20, 2014 and considered
                                                      ADDRESSES: You may submit comments
                                                                                                              regulation for a special anchorage area               comments received until January 5,
                                                      identified by docket number USCG–                       in the main channel of Marina del Rey                 2015.
                                                      2014–0142 using the Federal                             in 33 CFR, as anchorage regulations                      The Coast Guard received nine
                                                      eRulemaking Portal at http://                           were transferred from the Army Corp of                comments in support of removing the
                                                      www.regulations.gov. See the ‘‘Public                   Engineers to the Coast Guard (32 FR                   anchorage. Some of those comments
                                                      Participation and Request for                           17726, 17737, Dec. 12, 1967). The                     indicated that vessels anchoring in the
                                                      Comments’’ portion of the                               specific regulations and boundaries for               existing anchorage in the main channel
                                                      SUPPLEMENTARY INFORMATION section for
                                                                                                              this special anchorage area are defined               create an unsafe situation. Other
                                                      further instructions on submitting                      by coordinates in 33 CFR 110.111.                     comments reported mariners rarely use
                                                      comments.                                                 On May 28, 2014, we published a                     the anchorage and there is little
                                                                                                              notice of proposed rulemaking (NPRM)                  knowledge of its existence. The special
                                                      FOR FURTHER INFORMATION CONTACT:     If                 entitled Anchorage Regulations: Special               anchorage is clearly marked on the chart
                                                      you have questions on this rule, call or                Anchorage Area, Marina del Rey,                       with reference to the applicable
                                                      email Lieutenant Van Vu, Waterways                      California, in the Federal Register (79               regulation. A copy of the National
                                                      Management Division, U.S. Coast Guard                   FR 30509) to disestablish the anchorage.              Oceanic and Atmospheric
                                                      District 11, telephone (510) 437–2978,                  The purpose was to align the regulations              Administration (NOAA) Office of Coast
                                                      email van.h.vu@uscg.mil.                                with the current and future                           Survey Chart number 18744 has been
                                                      SUPPLEMENTARY INFORMATION:                              configuration of the main channel and                 posted to the docket to illustrate this
                                                                                                              docking facilities. On November 4,                    point. The Coast Guard has determined
                                                      I. Table of Abbreviations
                                                                                                              2014, we published a notice for a public              the current special anchorage area
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      CFR Code of Federal Regulations                         meeting (79 FR 65361). The meeting was                encompassing the entire channel width
                                                      DHS Department of Homeland Security                     held in Marina del Rey, CA on                         at the north end of the harbor could
                                                      FR Federal Register                                     November 20, 2014. At the public                      cause an unsafe situation. In this
                                                      NOAA National Oceanic and Atmospheric                   meeting, we heard from six speakers.
                                                        Administration
                                                                                                                                                                    SNPRM, the Coast Guard is proposing a
                                                      NPRM Notice of proposed rulemaking
                                                                                                              For greater public participation, all                 smaller special anchorage area which
                                                      SNPRM Supplemental notice of proposed                   comments submitted to the public                      will allow vessel traffic to pass safely on
                                                        rulemaking                                            docket as late as January 5, 2015 were                all sides.
                                                      § Section                                               considered. In addition to the six                       The Coast Guard received two
                                                      U.S.C. United States Code                               speakers at the public meeting, we                    comments and questions at the public


                                                 VerDate Sep<11>2014   17:29 Feb 26, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\29FEP1.SGM   29FEP1


                                                                            Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Proposed Rules                                           10157

                                                      meeting in November concerning                          section 6(a)(3) of Executive Order 12866              Governments, because it would not have
                                                      proposed projects located outside of the                or under section 1 of Executive Order                 a substantial direct effect on one or
                                                      anchorage area. The Coast Guard                         13563. The Office of Management and                   more Indian tribes, on the relationship
                                                      indicated these comments addressed                      Budget has not reviewed it under those                between the Federal Government and
                                                      areas and subjects outside the anchorage                Orders.                                               Indian tribes, or on the distribution of
                                                      that would not impact the existing                        We expect the economic impact of                    power and responsibilities between the
                                                      anchorage and were beyond the scope of                  this proposed rule would not be                       Federal Government and Indian tribes.
                                                      the proposed rulemaking.                                significant to the maritime and local
                                                                                                              community. The existing anchorage is                  E. Unfunded Mandates Reform Act
                                                      III. Discussion of SNPRM Proposed                                                                                The Unfunded Mandates Reform Act
                                                                                                              currently used only in emergency
                                                      Rule                                                                                                          of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                              circumstances, and this proposed
                                                         This proposed rule would decrease                    change will not significantly reduce the              Federal agencies to assess the effects of
                                                      the size of the current anchorage in                    number of vessels using the anchorage.                their discretionary regulatory actions. In
                                                      Marina del Rey harbor. Currently, it is                                                                       particular, the Act addresses actions
                                                      a trapezoid-shaped anchorage of                         B. Impact on Small Entities                           that may result in the expenditure by a
                                                      approximately 0.48 square nautical                         The Regulatory Flexibility Act of 1980             State, local, or tribal government, in the
                                                      miles. The Coast Guard proposes to                      (RFA), 5 U.S.C. 601–612, as amended,                  aggregate, or by the private sector of
                                                      change the shape of the anchorage from                  requires federal agencies to consider the             $100,000,000 (adjusted for inflation) or
                                                      a trapezoid to a rectangle and decrease                 potential impact of regulations on small              more in any one year. Though this
                                                      its size from approximately 0.48 to 0.11                entities during rulemaking. The term                  proposed rule would not result in such
                                                      square nautical miles. The revised                      ‘‘small entities’’ comprises small                    an expenditure, we do discuss the
                                                      anchorage would be moved to the                         businesses, not-for-profit organizations              effects of this rule elsewhere in this
                                                      middle of the channel across from                       that are independently owned and                      preamble.
                                                      Burton Chace Park, with its northern                    operated and are not dominant in their
                                                      boundary line approximately from the                                                                          F. Environment
                                                                                                              fields, and governmental jurisdictions
                                                      midpoint of basin G extending south to                  with populations of less than 50,000.                   We have analyzed this rule under
                                                      the midpoint of Basin H. The anchorage                     The Coast Guard certifies under 5                  Department of Homeland Security
                                                      dimensions would be 1154 feet in                        U.S.C. 605(b) that this rule would not                Management Directive 023–01 and
                                                      length and 365 feet in width. The                       have a significant economic impact on                 Commandant Instruction M16475.lD,
                                                      distance from the closest shore side                    a substantial number of small entities.               which guide the Coast Guard in
                                                      dock to the anchorage boundary would                    This proposed rule may affect the                     complying with the National
                                                      be approximately 243 feet. The                          following entities, some of which might               Environmental Policy Act of 1969
                                                      anchorage boundaries are described,                     be small entities: The owners or                      (NEPA) (42 U.S.C. 4321–4370f), and
                                                      using precise coordinates, in the                       operator of recreational vessels that                 have made a preliminary determination
                                                      proposed regulatory text at the end of                  have a need to anchor in Marina del Rey               that this action is one of a category of
                                                      this document.                                          special anchorage.                                    actions that do not individually or
                                                         This proposed rule would also amend                     This proposed rule would not have a                cumulatively have a significant effect on
                                                      the note section for 33 CFR 110.111 to                  significant impact on a substantial                   the human environment. This proposed
                                                      clarify the purpose of the anchorage, as                number of small entities. Although this               rule involves the amendment of a
                                                      well as the types of vessels eligible to                rule would decrease the size of the                   currently-existing anchorage area.
                                                      use the anchorage. It would also reflect                special anchorage area, the proposed                  Normally such actions are categorically
                                                      that the Marina del Rey Harbor Master,                  dimensions provide sufficient space for               excluded from further review under
                                                      Los Angeles County, prescribes local                    vessels to anchor when authorized by                  paragraph 34(f) of Figure 2–1 of the
                                                      regulations for mooring and boating                     the Harbor Master, without presenting a               Commandant Instruction M16475.1D. A
                                                      activities in this harbor, rather than the              hazard to vessels transiting in the                   preliminary environmental analysis
                                                      Director, Department of Small Craft                     channel.                                              checklist and a Categorical Exclusion
                                                      Harbors, Los Angeles County, which is                                                                         Determination are available in the
                                                                                                              C. Collection of Information
                                                      obsolete. This updated note will clarify                                                                      docket where indicated under
                                                      the role of the Marina del Rey Harbor                     This rule will not call for a new                   ADDRESSES. We seek any comments or
                                                      Master in the administration of the                     collection of information under the                   information that may lead to the
                                                      special anchorage.                                      Paperwork Reduction Act of 1995 (44                   discovery of a significant environmental
                                                                                                              U.S.C. 3501–3520).                                    impact from this rule.
                                                      IV. Regulatory Analyses
                                                                                                              D. Federalism and Indian Tribal                       G. Protest Activities
                                                        We developed this rule after
                                                                                                              Government
                                                      considering numerous statutes and                                                                               The Coast Guard respects the First
                                                      executive orders related to rulemaking.                    A rule has implications for federalism             Amendment rights of protesters.
                                                      Below we summarize our analyses                         under Executive Order 13132,                          Protesters are asked to contact the
                                                      based on a number of these statutes or                  Federalism, if it has a substantial direct            person listed in the FOR FURTHER
                                                      executive orders.                                       effect on the States or local governments             INFORMATION CONTACT section to
                                                                                                              and would either preempt State law or                 coordinate protest activities so that your
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                                                      A. Regulatory Planning and Review                       impose a substantial direct cost of                   message can be received without
                                                        This rule is not a significant                        compliance on them. We have analyzed                  jeopardizing the safety or security of
                                                      regulatory action under section 3(f) of                 this rule under that Order and                        people, places, or vessels.
                                                      Executive Order 12866, Regulatory                       determined that this rule does not have
                                                      Planning and Review, as supplemented                    implications for federalism.                          V. Public Participation and Request for
                                                      by Executive Order 13563, Improving                        Also, this proposed rule does not have             Comments
                                                      Regulation and Regulatory Review, and                   tribal implications under Executive                     We view public participation as
                                                      does not require an assessment of                       Order 13175, Consultation and                         essential to effective rulemaking, and
                                                      potential costs and benefits under                      Coordination with Indian Tribal                       will consider all comments and material


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                                                      10158                 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Proposed Rules

                                                      received during the comment period. As                  § 110.111    Marina del Rey Harbor, Calif.            evidencing systems and to reflect new
                                                      demonstrated by this SNPRM, your                          An area in the main channel                         revenue assurance practices. (See 80 FR
                                                      comment can help shape the outcome of                   encompassed within the following                      42392–42393.) Postage collection under
                                                      this rulemaking. If you submit a                        described boundaries: Beginning at the                the new rules will start on December 31,
                                                      comment, please include the docket                      northeasterly corner in position latitude             2016. This document proposes minor
                                                      number for this rulemaking, indicate the                33°58′41.6″ N., longtitude 118°26′50.8″               additional changes to the rules in
                                                      specific section of this document to                    W.; thence southerly to latitude                      support of our efforts to collect the
                                                      which each comment applies, and                         33°58′30.2″ N., longtitude 118°26′50.8″               appropriate revenue on mail pieces in a
                                                      provide a reason for each suggestion or                 W.; thence westerly to latitude                       more automated fashion. If this proposal
                                                      recommendation.                                         33°58′30.2″ N., longtitude 118°26′55.1″               is adopted, the proposed clarifying
                                                         We encourage you to submit                           W.; thence northerly to latitude                      changes will also be implemented on
                                                      comments through the Federal                            33°58′41.6″ N., longtitude 118°26′55.1″               December 31, 2016. The revenue
                                                      erulemaking Portal at http://                           W.; thence easterly to the point of                   assurance guidelines can be found in 39
                                                      www.regulations.gov. If your material                   origin. All coordinates referenced North              CFR 501.16, and on https://
                                                      cannot be submitted using http://                       American Datum 1983.                                  ribbs.usps.gov in the site index of
                                                      www.regulations.gov, contact the person                   Note to § 110.111: The Marina Del Rey
                                                                                                                                                                    Automated Package Verification (APV)
                                                      in the FOR FURTHER INFORMATION                          Harbor Master, Los Angeles County                     documents, named APV Standard
                                                      CONTACT section of this document for                    prescribes local regulations for mooring and          Operating Procedure (SOP).
                                                      alternate instruction.                                  boating activities in this area.                      List of Subjects in 39 CFR Part 501
                                                         We accept anonymous comments. All                       Dated: February 8, 2016.                             Administrative practice and
                                                      comments received will be posted                        J. A. Servidio,                                       procedure.
                                                      without change to http://                               Rear Admiral, U.S. Coast Guard, Commander,              Accordingly, for the reasons stated,
                                                      www.regulations.gov and will include                    Eleventh Coast Guard District.                        the Postal Service proposes to amend 39
                                                      any personal information you have                       [FR Doc. 2016–04336 Filed 2–26–16; 8:45 am]           CFR part 501 as follows:
                                                      provided. For more about privacy and
                                                                                                              BILLING CODE 9110–04–P
                                                      the docket, you may review a Privacy                                                                          PART 501—AUTHORIZATION TO
                                                      Act notice regarding the Federal Docket                                                                       MANUFACTURE AND DISTRIBUTE
                                                      Management System in the March 24,                                                                            POSTAGE EVIDENCING SYSTEMS
                                                      2005, issue of the Federal Register (70                 POSTAL SERVICE
                                                      FR 15086).                                                                                                    ■ 1. The authority citation for 39 CFR
                                                                                                              39 CFR Part 501                                       part 501 continues to read as follows:
                                                         Documents mentioned in this SNPRM
                                                      as being available in the docket, and all               Revisions to the Requirements for                       Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
                                                      public comments, will be in our online                  Authority To Manufacture and                          401, 403, 404, 410, 2601, 2605, Inspector
                                                                                                                                                                    General Act of 1978, as amended (Pub. L. 95–
                                                      docket at http://www.regulations.gov                    Distribute Postage Evidencing
                                                                                                                                                                    452, as amended); 5 U.S.C. App. 3.
                                                      and can be viewed by following that                     Systems
                                                      Web site’s instructions. Additionally, if                                                                     ■ 2. In § 501.16, revise paragraph (i) to
                                                      you go to the online docket and sign up                 AGENCY:  Postal ServiceTM.                            read as follows:
                                                      for email alerts, you will be notified                  ACTION: Proposed rule.
                                                                                                                                                                    § 501.16 PC postage payment
                                                      when comments are posted or a final                                                                           methodology.
                                                                                                              SUMMARY:    The Postal Service proposes
                                                      rule is published.
                                                                                                              to revise its rules concerning PC postage             *      *    *     *      *
                                                         We plan to hold a public meeting to                  payment methodology by adding                            (i) Revenue Assurance. (1) The
                                                      receive oral comments on this SNPRM                     supplementary information to clarify                  provider must support business
                                                      and will announce the date, time, and                   the revenue assurance guidelines.                     practices to assure Postal Service
                                                      location in a separate document                         DATES: Submit comments on or before                   revenue and accurate payment from
                                                      published in the Federal Register. If you               March 30, 2016.                                       customers. For purposes of this
                                                      signed up for docket email alerts                                                                             paragraph and the Automated Package
                                                                                                              ADDRESSES: Mail or deliver written
                                                      mentioned in the paragraph above, you                                                                         Verification (APV) Standard Operating
                                                      will receive an email notice when the                   comments to the Manager, Payment
                                                                                                                                                                    Procedure (SOP) document available at
                                                      public meeting notice is published and                  Technology, U.S. Postal Service®, 475
                                                                                                                                                                    https://ribbs.usps.gov, references to
                                                      placed in the docket.                                   L’Enfant Plaza SW., Room 3500,
                                                                                                                                                                    ‘‘provider’’ and ‘‘PC Postage Vendor’’
                                                                                                              Washington, DC 20260. You may
                                                      List of Subjects in 33 CFR Part 110                                                                           shall include postage resellers when
                                                                                                              inspect and photocopy all written
                                                                                                                                                                    such resellers transmit postage revenue
                                                                                                              comments at the Payment Technology
                                                          Anchorage grounds.                                                                                        to the Postal Service in any manner
                                                                                                              office by appointment only between the
                                                                                                                                                                    other than through a PC Postage
                                                        For the reasons discussed in the                      hours of 9 a.m. and 4 p.m., Monday
                                                                                                                                                                    provider. With respect to such
                                                      preamble, the Coast Guard proposes to                   through Friday by calling 1–202–268–
                                                                                                                                                                    transactions, the resellers, and not the
                                                      amend 33 CFR part 110 as follows:                       7613 in advance. Email and faxed
                                                                                                                                                                    PC Postage providers who provides the
                                                                                                              comments are not accepted.
                                                                                                                                                                    labels, are responsible for complying
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                                                      PART 110—ANCHORAGE                                      FOR FURTHER INFORMATION CONTACT:
                                                      REGULATIONS                                                                                                   with these regulations. A ‘‘reseller’’ is
                                                                                                              Marlo Kay Ivey, Business Systems                      an entity that obtains postage through a
                                                                                                              Analyst, Payment Technology, U.S.                     provider and is authorized to resell such
                                                      ■ 1. The authority citation for part 110                Postal Service, (202) 268–7613.                       postage to its customers pursuant to an
                                                      continues to read as follows:                           SUPPLEMENTARY INFORMATION: On July                    agreement with the Postal Service.
                                                        Authority: 33 U.S.C. 471, 1221 through                17, 2015, the United States Postal                       (2) Specifically, the provider is
                                                      1236, 2071; 33 CFR 1.05–1; Department of                Service published a final rule to revise              required to pay the Postage Adjustment
                                                      Homeland Security Delegation No. 0170.1.                the rules concerning authorization to                 or to notify the customer and adjust the
                                                      ■   2. Revise § 110.111 to read as follows:             manufacture and distribute postage                    balance in the postage evidencing


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Document Created: 2016-02-27 02:05:16
Document Modified: 2016-02-27 02:05:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 14, 2016.
ContactIf you have questions on this rule, call or email Lieutenant Van Vu, Waterways Management Division, U.S. Coast Guard District 11, telephone (510) 437-2978, email [email protected]
FR Citation81 FR 10156 
RIN Number1625-AA01

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