[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[Rules
and Regulations]
[Page 4469-4471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja08-24]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number CGD11-04-002]
RIN 1625-AA01
Anchorage Regulation; San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary anchorage area,
designated Anchorage 8A, adjacent to existing Anchorage 8 that can be
activated 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. Anchorage 8A may also be utilized
during any emergency situation. This rule defines its use and location,
and establishes procedures for activating the anchorage area and
notifying the maritime public.
DATES: This rule is effective February 25, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD11-04-002 and are available for inspection or
copying at Waterways Safety Branch, Sector San Francisco, 1 Yerba Buena
Island, San Francisco, California 94130, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Eric Ramos, U.S. Coast
Guard Sector San Francisco, Waterways Safety Branch at telephone (415)
399-7443.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We published a notice of proposed rulemaking (NPRM) entitled
``Anchorage Regulation; San Francisco Bay, CA'' in the Federal Register
on April 1, 2004 (69 FR 17119), under docket number CGD11-04-002. Based
on the three comments received, we reduced the size of the originally
proposed Anchorage 8A, and the Coast Guard decided to resubmit the
proposal to the public for further consideration.
We published a supplemental notice of proposed rulemaking (SNPRM)
entitled ``Anchorage Regulation; San Francisco Bay, CA'' in the Federal
Register on October 11, 2007 (72 FR 57901). We received no comments in
response to the SNPRM. No public meeting was requested at any time in
the rulemaking process, and none was held.
Background and Purpose
Anchorage 8A is necessary due to the trend toward larger ships
arriving in San Francisco Bay, the growth of faster Marine
Transportation Systems, increased large vessel traffic, and increased
use of Anchorages 8 and 9 in San Francisco Bay. 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.
Discussion of Comments and Changes
The Coast Guard received the following comments in response to the
NPRM. The San Francisco Bay Conservation and Development Commission
(BCDC) requested that a consistency determination be submitted
evaluating the proposal in relation to BCDC Coastal Zone Management
Policies. A 15 CFR 930.35 Negative Determination was submitted to BCDC
on September 18, 2006. In a letter dated October 17, 2006, BCDC
suggested that the Coast Guard consult with the U.S. Fish and Wildlife
Service (USFWS) and the National Marine Fisheries Service (NMFS)
regarding threatened or endangered species. A biological
[[Page 4470]]
evaluation was submitted to the USFWS and NMFS on November 21, 2006.
On December 4, 2006, USFWS copied the Coast Guard on a 2004
memorandum in which they found that proposed Anchorage 8A could
adversely affect the endangered California least tern (Stern antillarum
browni). The Coast Guard redefined the size and configuration of the
proposed anchorage based on consultation with USFWS. As a result, USFWS
concurred with the Coast Guard's determination of ``not likely to
adversely affect'' as described below. BCDC also concurred that the
proposed action would be consistent with their Amended Coastal Zone
Management Program for San Francisco Bay.
NMFS wrote to the Coast Guard on June 4, 2007, that ``based on the
best available scientific information, the NMFS has determined that the
proposed project is not likely to adversely affect listed salmonids or
green sturgeon,'' populations which are listed as threatened or
endangered under the Endangered Species Act and which may be present in
the proposed Anchorage 8A area.
Based on those comments, we reduced the size of proposed Anchorage
8A. The NPRM originally proposed that Anchorage 8A be 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 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]45'40'' N
and longitude 122[deg]21'23'' W; thence northwesterly along the
southwestern border of Anchorage 8 back to the beginning point (NAD
83). The proposed perimeter of the original size of Anchorage 8A was
approximately six and one-half nautical miles.
The SNPRM proposed that the new perimeter of Anchorage 8A be
approximately four nautical miles and bounded by the following lines:
Beginning at latitude 37[deg]47'35'' N and longitude 122[deg]21'50'' W;
thence south-southwesterly to latitude 37[deg]47'07'' N and longitude
122[deg]22'09'' W; thence south-southeasterly to latitude
37[deg]46'30'' N and longitude 122[deg]21'57'' W; thence easterly along
the northern border of Anchorage 9 to latitude 37[deg]46'26'' N and
longitude 122[deg]20'42'' W; thence northerly to latitude
37[deg]46'38'' N and longitude 122[deg]20'42'' W; thence westerly along
the southern border of Anchorage 8 to latitude 37[deg]46'41'' N and
longitude 122[deg]21'23'' W; thence northwesterly along the
southwestern border of Anchorage 8 back to the beginning point (NAD
83). The Coast Guard received no comments in response to the SNPRM.
Regulatory Evaluation
This 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.
The effect of this regulation will not be significant because the
anchorage will only be used when unusual circumstances 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 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will not have a significant economic impact on a
substantial number of small entities for the reasons discussed in the
Regulatory Evaluation above.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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.
[[Page 4471]]
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
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 it establishes an anchorage ground.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Words of Issuance and Regulatory Text
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. Revise the authority citation for part 110 to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
0
2. In Sec. 110.224-
0
a. In paragraph (d), amend Table 110.224(D)(1) by adding an entry for
``8A'' and adding a new paragraph ``n'' to the Notes section
immediately following the table, and;
0
b. In paragraph (e), re-designate paragraphs (e)(6) through (21) as
paragraphs (e)(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) * * *
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, d, e, j, n.
* * * * * * *
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Notes: * * *
n. This temporary anchorage 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 temporary 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'' N and longitude
122[deg]21'50'' W; thence south-southwesterly to latitude
37[deg]47'07'' N and longitude 122[deg]22'09'' W; thence south-
southeasterly to latitude 37[deg]46'30'' N and longitude
122[deg]21'57'' W; thence easterly along the northern border of
Anchorage 9 to latitude 37[deg]46'26'' N and longitude 122[deg]20'42''
W; thence northerly to latitude 37[deg]46'38'' N and longitude
122[deg]20'42'' W; thence westerly along the southern border of
Anchorage 8 to latitude 37[deg]46'41'' 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: December 20, 2007.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. E8-1250 Filed 1-24-08; 8:45 am]
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