[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Proposed Rules]
[Pages 24378-24380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11561]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the regulations for the 
existing explosive anchorage, Anchorage 14 within General Anchorage 9, 
in San Francisco Bay, California. This revision proposes to realign 
Anchorage 14 in a true north-south direction and move it northerly to 
include deeper water. This will allow vessels with drafts of 38 feet or 
greater laden with explosives, to safely anchor, while minimizing 
potential overcrowding of General Anchorage 9. This proposed 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 will 
be added, however, to allow the Captain of the Port to provide specific 
permission to exceed the limit.

DATES: Comments must be received on or before July 7, 1997.


[[Page 24379]]


ADDRESSES: Comments may be mailed to Commanding Officer, U.S. Coast 
Guard Marine Safety Office, Bldg. 14, Coast Guard Island, Alameda, CA 
94501-5100, or may be delivered to Room 124 at the same address between 
8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (510) 437-3074. The Captain of the Port maintains 
the public docket for this rulemaking. Comments will become part of 
this docket and will be available for inspection or copying at Bldg. 
14, Room 124, Coast Guard Island, Alameda.

FOR FURTHER INFORMATION CONTACT: Lieutenant Robert Lee, Port 
Operations, Coast Guard Marine Safety Office San Francisco Bay, 
telephone (510) 437-3073.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or comments. Persons 
submitting comments should include their names and address, identify 
this rulemaking (CGD 11-97-002) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an unbound format suitable for copying and electronic 
filing. If not practical, a second copy of any bound materials is 
requested. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope. The Coast Guard 
will consider all comments received during this comment period. It may 
change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Project Manager at the address under 
ADDRESSES. The request should include reasons why a hearing would be 
beneficial. If it is determined 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

    In the past, San Francisco Bay was a major explosive load out port 
due to the activities of the military facilities located or homeported 
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 Anchorages 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, which handled 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 
Anchorages 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 
shoreside areas and other vessels in General Anchorage 9. Therefore, it 
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. In order to 
accommodate the larger vessels now using the anchorage and to alleviate 
the need to designate special anchorages, the Coast Guard is proposing 
that the anchorage grounds designated in 33 CFR 110.224(e)(10) be 
changed.
    Additionally, the proposed movement of Anchorage 14 would mitigate 
the burden on commercial vessels looking for safe anchorage in General 
Anchorage 9, and would eliminate the need to establish special 
anchorages outside of established anchorages. This proposal 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 net explosive weight or more and 
required at least 42 feet of water to adequately maintain a 2 foot 
under keel clearance. In its current location explosive Anchorage 14 is 
limited in depth of available water such 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 
restriction on locations where lightering of tank vessels and bunkering 
of all commercial vessels can take place. Captain of the Port Advisory 
4-95 allows lightering and bunkering to take place only in Anchorage 9. 
The current location of explosives Anchorage 12 and 14 does not always 
allow for the most effective use of space in General Anchorage 9, the 
only anchorage authorized for lightering and bunkering, when Anchorage 
12 or 14 is activated.

Discussion of the Proposed Amendment

    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.42'6'' N., 
longitude 122 deg.19'48'' W. and latitude 37 deg.43'5'' N., longitude 
122 deg.19'8'' W. (NAD 83). With this proposed 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 proposed 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 
will be added specifically giving the Captain of the Port the authority 
to permit vessels to exceed the 3,000 ton explosives limit.

Regulatory Evaluation

    This proposal 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 must consider whether this proposed rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include

[[Page 24380]]

small businesses and not-for-profit organizations that are not dominant 
in their fields and (2) governmental jurisdictions with populations 
less than 50,000. Because it expects the impact of this proposal to be 
so minimal, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposal, 
if adopted, will not have a significant impact on a substantial number 
of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal 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 
proposal and concluded that under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994, and 61 
FR 13563, March 27, 1996, it will have no significant environmental 
impact and it is categorically excluded from further environmental 
documentation. The environmental analysis checklist and Categorical 
Exclusion Determination will be 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.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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, 2071; 49 CFR 1.46; and 33 CFR 1.05-
1(g). Section 110.1a and each section listed in it are also listed 
under 33 U.S.C. 1223 and 1231.

    2. In section 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 667 yard-wide forbidden anchorage zone surrounds this 
anchorage.
* * * * *
    Dated: April 15, 1997.
J.M. MacDonald,
Captain, U.S. Coast Guard, Commander, Eleventh Coast Guard District 
(Acting).
[FR Doc. 97-11561 Filed 5-2-97; 8:45 am]
BILLING CODE 4910-14-M