[Federal Register Volume 65, Number 7 (Tuesday, January 11, 2000)]
[Proposed Rules]
[Pages 1581-1582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-586]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 1582]]

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]
BILLING CODE 4910-15-U