[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Rules and Regulations]
[Pages 20085-20086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9219]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 110

[CGD11-99-009]
RIN 2115-AA98


Anchorage Regulation; San Francisco Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the regulations for the 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.

EFFECTIVE DATE: This final rule is effective on May 15, 2000.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and copying at Coast Guard Marine Safety Office, San 
Francisco Bay, Building 14, Coast Guard Island, Alameda, CA 94501. 
Normal office hours are between 7:30 a.m. and 4 p.m., Monday through 
Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Andrew Cheney, Marine 
Safety Office San Francisco Bay, telephone (510) 437-2770.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On January 11, 2000 the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) for this regulation in the Federal Register (65 FR 
1581). The comment period ended on March 13, 2000. The Coast Guard 
received one comment on the proposal, which is addressed below. A 
public hearing was not requested and no hearing was held.
    The Coast Guard is revising the ``Note'' accompanying the special 
anchorage regulations, 33 CFR 110.126a, for San Francisco Bay. This 
rule will amend the explanatory information provided regarding local 
authority and requirements.
    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 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. This amendment to 
the regulation does not alter the special anchorage area designation or 
change the dimensions of the anchorage area.

Discussion of Comments

    One comment was received in favor of the amendment to the anchorage 
regulations. The commenter felt that the change to the explanatory note 
would help clarify jurisdiction over the waters of Richardson Bay, and 
that it would provide direction to the public regarding appropriate use 
of the

[[Page 20086]]

anchorage area. The Coast Guard has not made any changes to the 
proposed rule. The sole commenter did not request a public hearing, and 
none was scheduled or held.

Regulatory Evaluation

    This 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 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 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 Andrew Cheney at the address 
contained in the paragraph entitled FOR FURTHER INFORMATION CONTACT.

Collection of Information

    This regulation 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 rule under the principles and 
criteria contained in Executive Order 13132 and has determined that 
this rulemaking does not have sufficient federalism implications under 
that order.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
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 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 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 rule meets applicable standards in section 3(a) and 3(b)(2) of 
this Order 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.

Regulation

    In consideration of the foregoing, the Coast Guard amends 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 Section 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: March 20, 2000.
C.D. Wurster,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard 
District.
[FR Doc. 00-9219 Filed 4-13-00; 8:45 am]
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