Anchorage Regulation; San Francisco Bay, California

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD11-97-002]

RIN 2115-AA98

Anchorage Regulation; San Francisco Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby revises the regulations for the

existing explosive anchorage, Anchorage 14 within General Anchorage 9,

in San Francisco Bay, California. This revision realigns Anchorage 14

in a true north-south direction amd moves it northerly to include

deeper water. This will allow vessels with drafts of 38 feet or greater

laden with explosives, to safety anchor, while minimizing potential

overcrowding of General Anchorage 9. This anchorage amendment changes

the position of Anchorage 14 to provide deeper water for explosive load

activations while not tying up large areas of General Anchorage 9. The

explosive limit of 3,000 tons net explosive weight (NEW) for Anchorage

14 will remain unchanged. A provision is added, however, to allow the

Captain of the Port to provide specific permission to exceed the limit.

EFFECTIVE DATE: July 16, 1998.

ADDRESSES: U.S. Coast Guard Marine Safety Office, San Francisco Bay,

Building 14, Coast Guard Island, Alameda, CA 94501-5100.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Andrew B. Cheney, Coast Guard Marine Safety Office, San

Francisco Bay, California; telephone: (510) 437-3073.

SUPPLEMENTARY INFORMATION:

Regulatory History

On May 5, 1997, the Coast Guard published a notice of proposed

rulemaking for this regulation in the Federal Register (62 FR 24378).

The Coast Guard received one letter commenting on the proposed

rulemaking. The U.S. Fish and Wildlife Service wrote that the proposed

realignment of Anchorage 14 in San Francisco Bay was reviewed and the

action, as proposed, was not likely to adversely affect any listed

species. No public hearing was requested, and none was held.

Background and Purpose

In the past, San Francisco Bay was a major explosive load out port

due to the activities of the military facilities located or home-ported

within the area. During periods of military conflict, San Francisco Bay

was a primary port call for vessels and barges entering and departing

the port laden with military ordnance. These vessels and barges

conducting military ordnance outloads were easily accommodated by

explosive Anchorage 12 and 14. In the past, the vessels conducting

explosive outloads were smaller and handled less cargo than those

vessels now contracted by Military Sealift Command to transport

military ordnance. The smaller ships handling less explosive cargo, did

not require as large of a minimum safe distance, as calculated by the

DOD Ammunition and Explosive Safety Standards Manual (DOD 6055.9-STD,

October 1992), as do the larger vessels, now hired to transport

military ordnance. In addition to handling smaller explosive cargo

loads, the drafts of the smaller vessels were much shallower than those

of the larger ships now contracted to transport ordnance. Current local

policy is to maintain a two-foot clearance under keel for vessels

transiting the Bay. Since the water in the current Anchorage 14 is

relatively shallow, anchoring a vessel of 38 feet draft or greater can

be difficult, depending on the number of other vessels anchored in

Anchorage 9 and 14. Using explosive Anchorage 12 as an alternate

anchorage is suitable for the depth of the water, but is not

satisfactory to meet the safety distance requirements from inhabited

shore-side areas, as well as other vessels in General Anchorage 9. It,

therefore, has periodically become necessary to create special

anchorages for large deep draft vessels laden with explosives, in a

location that might not be entirely within a charted explosive

anchorage.

Additionally, the movement of Anchorage 14 would mitigate the

burden on commercial vessels looking for safe anchorage in General

Anchorage 9, and eliminates the need to establish special anchorages

outside of established anchorages. This will also allow for more usable

space in General Anchorage 9 at times when the explosive anchorage is

activated.

An analysis of past anchorage activations indicates that the

vessels currently being chartered for the carriage of DOD explosive

cargo are approximately 26,400 gross tons or greater. Each vessel has

carried a load of 5.8 million pounds or more, net explosive weight, and

required at least 42 feet of water to adequately maintain a 2 foot

under keel clearance safety factor. In its current location, explosive

Anchorage 14 is so very limited in

[[Page 32740]]

depth of water that vessels with a draft greater than 38 feet find it

difficult to anchor and remain within the designated anchorage.

Existing Captain of the Port policy places further restriction on

locations where lightering of tank vessels and bunkering of all

commercial vessels can take place. COTP Advisory 4-95 allows lightering

and bunkering to take place only in Anchorage 9. The current location

of explosive Anchorages 12 and 14 does not always allow for the most

effective use of space in General Anchorage 9, the only place for

lightering and bunkering.

Discussion of Comments and Changes

The Coast Guard encouraged interested persons to participate in

this rulemaking by submitting written data, views, or comments within

60 days after the date that the notice of proposed rulemaking was

published in the Federal Register. The Coast Guard received only one

comment during this period, and it took that comment into consideration

in the promulgation of this final rule (see Regulatory History, above).

Discussion

The regulation moves the anchorage, as currently configured in size

and shape, to a new position where the centers of the semicircular end

boundaries are located, respectively, at latitude 37 deg.42'37'' N.,

longitude 122 deg.19'48'' W. and latitude 37 deg.43'29'' N., longitude

122 deg.19'48'' W (NAD 83). With this movement, Anchorage 14 will

include deeper water, while maintaining an effective area of safety for

vessels laden with explosives with a net explosive weight of 3,000 tons

or greater. This regulation is designed to eliminate undue congestion

and provide an effective area of safety in an area that can only

accommodate a limited number of commercial vessels with drafts greater

than 38 feet. Additionally, a provision is added specifically giving

the Captain of the Port the authority to permit vessels to exceed the

3,000 ton explosives limit.

Regulatory Evaluation

This final 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

(DOT) (44 FR 11040, February 26, 1979). The Coast Guard expects the

economic impact of this rule to be so minimal that a full Regulatory

Evaluation, under paragraph 10e of the regulatory policies and

procedures of the DOT, is unnecessary.

Small Entities

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

Coast Guard has considered whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include small businesses and not-for-profit organizations

that are not dominant in their fields and (2) governmental

jurisdictions with populations less than 50,000. The Coast Guard

certifies under section 605(b) of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) that this rule will not have a significant impact

on a substantial number of small entities.

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 has

offered, and continues to offer, assistance to small entities in

understanding this rule so that they can better evaluate its effects on

them and fully participate in the rulemaking process.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this final rule under the principles

and criteria contained in Executive Order 12612 and has determined that

this rule does not raise sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the environmental impact of this final

rule and concluded that under Figure 2-1, paragraph 34(f), of

Commandant Instruction M16475.1C it has no significant environmental

impact and it is categorically excluded from further environmental

documentation. The environmental analysis checklist and Categorical

Exclusion Determination is available for inspection and copying in the

docket to be maintained at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Final Regulation

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

Subpart B 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 105-1(g).

2. In Sec. 110.224, note f to table 110.224(d)(1) in paragraph (d)

and Paragraph (e)(10) are revised 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)

* * * * *

Notes:

* * * * *

f. The maximum total quantity of explosives that may be on board

a vessel using this anchorage shall be limited to 3,000 tons unless

otherwise authorized with the written permission of the Captain of

the Port.

* * * * *

(e) * * *

(10) Anchorage No. 14. In San Francisco Bay east of Hunters Point

an area 1,000 yards wide and 2,760 yards long, the end boundaries of

which are semicircles, with a radii of 500 yards and center,

respectively at latitude 37 deg.42'37'' N., longitude 122 deg.19'48''

W. and latitude 37 deg.43'29'' N., longitude 122 deg.19'48'' W. (NAD

83); and the side boundaries of which are parallel tangents joining the

semicircles. A forbidden anchorage zone extends 667 yards out from the

perimeter on each side.

* * * * *

Dated: May 26, 1998.

J.C. Card,

Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard

District.

[FR Doc. 98-15966 Filed 6-15-98; 8:45 am]

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