Anchorage Regulation; San Francisco Bay, California

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 110

[CGD11-99-009]

RIN 2115-AA98

Anchorage Regulation; San Francisco Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the regulations for the

existing special anchorage area in Richardson Bay, adjacent to San

Francisco Bay, California by modifying the explanatory note

accompanying the designation of the special anchorage. This explanatory

information is provided at the request of local authorities and is

intended to facilitate safe navigation by calling mariners' attention

to local regulations governing the anchorage area.

DATES: Comments must be received on or before March 13, 2000.

ADDRESSES: Comments may be mailed to Commanding Officer, Coast Guard

Marine Safety Office San Francisco Bay, Bldg. 14, Coast Guard Island,

Alameda, CA 94501, ATTN: LT Drew Cheney. The comments and other

materials referenced in this notice will be available for inspection

and copying at the Marine Safety Office. Normal office hours are

between 7:30 a.m. and 4 p.m., Monday through Friday, except holidays.

Comments may also be hand delivered to this address.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Brian Tetreault,

Vessel Traffic Management Section, Coast Guard Eleventh District/

Pacific Area, Bldg. 50-6 Coast Guard Island, Alameda, CA 94501,

telephone (510) 437-2951, email: [email protected].

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to participate in this proposed

rulemaking by submitting written views, data or arguments to the office

listed under ADDRESS in this preamble. Persons submitting comments

should include their names and addresses, identify the docket number

for the regulations (CGD11-99-009), the specific section of the

proposal to which their comments apply, and give reasons 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 they reached us, please enclose a stamped, self-

addressed postcard or envelope. We will consider all comments and

material received during the comment period. The regulations may be

changed in light of the comments received. All comments received before

the expiration of the comment period will be considered before final

action is taken on this proposal.

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 U.S. Coast Guard Marine Safety

Office at the Address under ADDRESSES. The request should include the

reasons why a hearing would be beneficial. If it determines that the

opportunity for oral presentations will aid this rulemaking, the Coast

Guard will hold a public hearing at a time and place announced by a

later notice in the Federal Register.

Background and Purpose

The Coast Guard proposes to revise the ``Note'' accompanying the

special anchorage regulations, 33 CFR 110.126a, for San Francisco Bay.

The proposed regulations will amend the explanatory information

provided regarding local authority and requirements.

Discussion of Proposed Regulation

A special anchorage is an area where vessels less than 20 meters in

length are not required to make sound signals while anchored or display

anchor lights as would otherwise be required under the Navigation

Rules. Richardson Bay was designated a special anchorage area in 1969,

and the regulations were amended in 1980. The special anchorage

designation is marked on the chart of the area and referenced in the

Coast Pilot for the convenience of mariners. Local authorities also

exercise jurisdiction over this water area and have enacted ordinances

further regulating vessel activity. These local authorities have

encountered confusion on the part of mariners about the applicable

requirements and the concurrent exercise of authority by both federal

and local entities. The Richardson Bay Regional Agency has asked the

Coast Guard to update the explanatory note accompanying the Federal

anchorage regulations regarding the existence of local authority and

ordinances. The Coast Guard believes that providing accurate and

current information regarding applicable authority and requirements

would be in the best interest of safe and efficient navigation. The

proposed amendment to this regulation does not alter the special

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anchorage area designation or change the dimensions of the anchorage

area.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that order. It has been exempted from review by the Office of

Management and Budget under that order. It is not significant under the

regulatory policies and procedures of the Department of Transportation

(44 FR 11040, February 26, 1979). Due to the mainly administrative

nature of this change, the Coast Guard expects the economic impact of

this proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory policies and procedures of Department

of Transportation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq), the

Coast Guard must consider whether this proposed rule will have a

significant economic impact on a substantial number of small entities.

``Small entities'' may include small businesses and not-for-profit

organizations that are not dominant in their respective fields, and

governmental jurisdictions with populations less than 50,000. For the

same reasons set forth in the above Regulatory Evaluation, the Coast

Guard certifies under 5 U.S.C. 605(b) that this rule is not expected to

have a significant economic impact on any substantial number of

entities, regardless of their size.

Assistance For Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

wants to assist small entities in understanding this proposed rule so

that they can better evaluate its effects on them and participate in

the rule making process. If your small business or organization is

affected by this rule and you have questions concerning its provisions

or options for compliance, please contact Lieutenant Commander Brian

Tetreault, at the address contained in the paragraph entitled FOR

FURTHER INFORMATION CONTACT.

Collection of Information

This proposed regulation contains no collection of information

requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).

Federalism

We have analyzed this rule under Executive Order 13132 and have

determined that this rule does not have sufficient implications for

federalism to warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the environmental impact of this

proposed regulation and concluded that under Chapter 2.B.2. of

Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(f), it

will have no significant environmental impact and it is categorically

excluded from further environmental documentation.

Unfunded Mandates

Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the

Coast Guard must consider whether this proposed rule will result in an

annual expenditure by state, local, and tribal governments, in the

aggregate of $100 million (adjusted annually for inflation). If so, the

Act requires that a reasonable number of regulatory alternatives be

considered, and that from those alternatives, the least costly, most

cost-effective, or least burdensome alternative that achieves the

objective of the rule be selected.

No state, local, or tribal government entities will be affected by

this rule, so this rule will not result in annual or aggregate costs of

$100 million or more. Therefore, the Coast Guard is exempt from any

further regulatory requirements under the Unfunded Mandates Act.

Taking of Private Property

This proposed rule will not effect a taking of private property or

otherwise have taking implications under E.O. 12630, Governmental

Actions and Interference with Constitutionally Protected Property

Rights.

Civil Justice Reform

This proposed rule meets applicable standards in section 3(a) and

3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,

eliminate ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under E.O. 13045, Protection of Children

from Environmental Health Risks and Safety Risks. This rule is not an

economically significant rule and does not concern an environmental

risk to health or risk to safety that may disproportionately affect

children.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Proposed Regulation

For the reasons set out in the preamble, the Coast Guard proposes

to amend subpart A of part 110, Title 33, Code of Federal Regulations

as follows:

PART 110--[AMENDED]

1. The authority citation for Part 110 continues to read as

follows:

Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;

49 CFR 1.46; and 33 CFR 1.05-1(g).

Sec. 110.126 [Amended]

2. The ``Note'' following Sec. 110.126a, is revised to read as

follows:

* * * * *

Note: Mariners anchoring in the special anchorage area should

consult applicable ordinances of the Richardson Bay Regional Agency

and the County of Marin. These ordinances establish requirements on

matters including the anchoring of vessels, placement of moorings,

and use of anchored and moored vessels within the special anchorage

area. Information on these local agency requirements may be obtained

from the Richardson Bay Harbor Administrator.

Dated: December 10, 1999.

T.H. Collins,

Vice Admiral, USCG, Commander, Eleventh Coast Guard District.

[FR Doc. 00-586 Filed 1-10-00; 8:45 am]

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