[Federal Register: April 1, 2004 (Volume 69, Number 63)]
[Proposed Rules]
[Page 17119-17122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap04-36]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CCGD11-04-002]
RIN 1625-AA01
Anchorage Regulation; San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create an anchorage ground
adjacent to
[[Page 17120]]
existing Anchorage 8 that can be used by Coast Guard Vessel Traffic
Services (VTS) when the number of vessels requesting to anchor in
Anchorages 8 and 9 exceeds the capacity of these two anchorages. This
area has been used twice in the past and the Captain of the Port has
recognized the potential for needing this anchorage ground in the
future. Having the anchorage ground published in the Federal Register
will allow the Coast Guard to define its use and location, and
establish procedures for notifying the maritime public.
DATES: Comments and related material must reach the Coast Guard on or
before June 1, 2004.
ADDRESSES: You may mail comments and related material to the Waterways
Management Branch, U.S. Coast Guard Marine Safety Office San Francisco
Bay, Coast Guard Island, Alameda, California 94501. The Waterways
Management Branch maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the Waterways Management Branch between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Doug Ebbers, Waterways
Management Branch, U.S. Coast Guard Marine Safety Office San Francisco
Bay, (510) 437-3073.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CCGD11-04-
002), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Management Branch at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a separate notice in the Federal Register.
Background and Purpose
Due to the trend toward larger ships arriving in San Francisco Bay
and the growth of faster marine transportation systems, use of
Anchorages 8 and 9 in San Francisco Bay has increased. In addition to
more vessels needing to anchor while awaiting the departure of other
vessels at berth, periodic labor strikes and disputes have caused
delays in the turnaround time of cargo, and filled Anchorages 8 and 9
to capacity. On two occasions, Vessel Traffic Services San Francisco
has used an anchorage ground around Anchorage 8 to accommodate vessels
when the safe capacity of Anchorages 8 and 9 has been exceeded.
According to 33 CFR 160.5, Commanding Officers, Vessel Traffic Services
are delegated authority under 33 CFR 1.01-30 to issue anchorage orders
to vessels required to participate in a Vessel Traffic Service.
In this proposed rulemaking, to address the continuing need for
additional anchorage space, the Coast Guard is proposing to create a
new anchorage ground 8A, which can be used by VTS San Francisco when
needed.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 110.224 to add Anchorage
8A, which can be used as needed by VTS San Francisco. This anchorage
ground, located immediately west and south of existing Anchorage 8,
will allow VTS San Francisco to accommodate the safe anchoring of
vessels when the safe capacity of Anchorages 8 and 9 has been exceeded.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. The effect of this regulation
will not be significant because the anchorage will only be used when
unusual circumstance require that it be activated, recreational traffic
can still traverse the anchorage area when necessary, and the temporary
anchorage area only takes up a small portion of San Francisco Bay. In
addition, this temporary anchorage area has been used twice in the past
to accommodate vessels during labor disputes that resulted in
anchorages 8 and 9 being filled to capacity.
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.
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. This proposed rule would not have a
significant economic impact on a substantial number of small entities
for the reasons discussed in the Regulatory Evaluation above.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the proposed rule so that they could better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant Doug
Ebbers, Waterways Management Branch, U.S. Coast Guard Marine Safety
Office San Francisco Bay, (510) 437-3073.
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).
[[Page 17121]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
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
does not create an environmental risk to health or risk to safety that
might disproportionately affect children.
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.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(f), of the Instruction, from further
environmental documentation because we are changing an anchorage
regulation.
A draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard proposed
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation
No. 0170.1.
2. In Sec. 110.224--
a. In paragraph (d), revise Table 110.224(D)(1) by adding
immediately following entry for Anchorage No. 8, a new entry for
Anchorage No. 8A and add a new note n'' to notes at the end of the
table and;
b. In paragraph (e), renumber paragraphs (6) through (21) as
paragraphs (7) through (22) and add new paragraph (e)(6) to read as
follows:
Sec. 110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait,
Suisun Bay, Sacramento River, San Joaquin River, and connecting waters,
CA.
* * * * *
(d)(1) * * *
Table 110.224(D)(1)
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Anchorage No. General location Purpose Specific regulations
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* * * * * * *
8A............................... ......do............ ......do............ Notes a, b, c, n.
* * * * * * *
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Notes: * * *.
n. This anchorage ground will be activated by VTS San Francisco
when Anchorages 8 and 9 are at capacity and additional anchorage
capacity in the vicinity of Alameda is required. VTS will notify a
vessel that this anchorage is activated and available for use when
anchorages 8 and 9 are full, and a vessel requests permission from VTS
to anchor in anchorage 8 or 9.
(e) * * *
(6) Anchorage No. 8A. In San Francisco Bay bounded by the following
lines: Beginning at latitude 37[deg]47'35.5'' N and longitude
122[deg]21'50'' W; thence south-southwesterly to latitude
37[deg]47'05'' N and longitude 122[deg]22'07.5'' W; thence south-
southeasterly to latitude 37[deg]46'30'' N and longitude
122[deg]21'56'' W; thence easterly along the northern border of
Anchorage 9 to
[[Page 17122]]
latitude 37[deg]46'21.5'' N and longitude 122[deg]19'07'' W; thence
northerly to latitude 37[deg]46'34.5'' N and longitude
122[deg]19'05.5'' W; thence westerly to latitude 37[deg]46'36.5'' N and
longitude 122[deg]19'52'' W; thence westerly along the southern border
of anchorage 8 to latitude 37[deg]46'40'' N and longitude
122[deg]21'23'' W; thence northwesterly along the southwestern border
of anchorage 8 back to the beginning point (NAD 83).
* * * * *
Dated: March 1, 2004.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, District Commander, Eleventh Coast
Guard District.
[FR Doc. 04-7273 Filed 3-31-04; 8:45 am]
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