[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Rules and Regulations]
[Pages 32739-32740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15966]
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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: 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]
BILLING CODE 4910-15-M