[Federal Register Volume 66, Number 142 (Tuesday, July 24, 2001)]
[Rules and Regulations]
[Pages 38372-38374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18395]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 11-01-013]
RIN-2115-AE84


Regulated Navigation Area; San Francisco Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is changing the boundary for the portion of 
the Oakland Harbor Regulated Navigation Area (RNA) that lies just due 
north of Anchorage 8. By a separate rulemaking, the Coast Guard is 
increasing the size of Anchorage 8. To avoid having Anchorage 8 
encroach on the Oakland Harbor RNA, this interim rule simply designates 
new boundary lines for the Oakland Harbor RNA to coincide with the new 
Anchorage 8 boundaries. This rule also corrects the coordinates for the 
northern boundary of the Oakland Harbor RNA that is inaccurately listed 
in the current RNA regulation.

DATES: This interim rule is effective July 24, 2001. Comments must be 
received on or before August 23, 2001.

ADDRESSES: Comments may be mailed or hand-delivered to: Commander (pmc-
3), Eleventh Coast Guard District, Bldg. 50-6, Coast Guard Island, 
Alameda, CA 94501-5100. The Commander (pmc-3), Eleventh Coast Guard 
District maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: LT Patricia Springer, Chief of Vessel 
Traffic Management, Eleventh Coast Guard District, Building 50-6, Coast 
Guard Island, Alameda, CA 94501-5100, phone (510) 437-2951, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Request for Comments

    Although this regulation is published as an interim rule without 
prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the regulation is both reasonable and workable.
    The Coast Guard encourages all interested persons to participate in 
this

[[Page 38373]]

interim rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should identify this rulemaking (CGD 11-01-
013), the specific section of the rule to which each comment applies, 
and the reason for each comment. All comments and attachments must be 
submitted in an unbound format, no larger than 8\1/2\  x  11 inches, 
suitable for copying. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope. 
All comments and other materials referenced in this notice will be 
available for inspection and copying at the Coast Guard location under 
ADDRESSES, between 6:30 a.m. and 4 p.m. Monday through Friday except 
Federal holidays. The Coast Guard will consider all comments and 
material received during the comment period and may change this rule in 
view of them.

Public Meeting

    The Coast Guard plans no public hearing. Interested persons may 
request a public hearing by writing to the Coast Guard 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 in this rulemaking, the Coast Guard will hold a 
public hearing at a time and place to be announced by a later notice in 
the Federal Register.

Regulatory Information

    The Coast Guard did not publish a notice of proposed rulemaking 
(NPRM) for this regulation, however the Coast Guard did publish an NPRM 
and a Final Rule regarding Anchorage 8 on February 28, 2001 (66 FR 
12742) and June 26, 2001 (66 FR 33833), respectively, both of which 
have an effect on the Oakland Harbor RNA. The newly expanded Anchorage 
8 inadvertently overlapped the boundary line for the Oakland Harbor 
RNA.
    The Coast Guard believes that decreasing the size of the RNA to 
compensate for the increase in the size of Anchorage 8 will not affect 
any significant operation in the vicinity of the Oakland Harbor. The 
correction to the northern boundary of the Oakland Harbor RNA will 
simply align the coordinates in the RNA regulation with what has 
already been accurately charted by the National Oceanic and Atmospheric 
Administration (NOAA) on their 50th edition of chart 18650, dated 
January of 2001. Both of these changes are required immediately in 
order to prevent confusion among the public and to maintain the highest 
levels of safety within the RNA and Anchorage 8. Publishing an NPRM in 
this istuation is impracticable and contrary to the public interest. 
Therefore, under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM for this Interim Final Rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. The new Anchorage 8 boundary 
becomes effective as of July 26, 2001. In order to enforce properly the 
anchorage regulations along with the RNA regulations, and to avoid 
public confusion and unsafe conditions in the waterway, these rules 
need to coincide, as closely as possible, in their effective dates.

Background and Purpose

    As discussed in the Regulatory Information section, there have been 
both an NPRM and a Final Rule published in the Federal Register on the 
changes of Anchorage 8, which in turn requires a change to the Oakland 
Harbor RNA. Over time, demands of waterway usage in the San Francisco 
Bay have led to the need for increases in anchorage grounds. Anchorage 
8 was one of the anchorages recently requested by the mariners to be 
modified to make better use of available water. Such a change has 
resulted in Anchorage 8 area protruding into the nearby Oakland Harbor 
RNA, necessitating an adjustment to the boundary designation of the 
RNA. No comments were received on the Anchorage 8 regulation change 
that objected on the grounds that the Oakland Harbor RNA would need to 
be reduced. Additionally, the reduction in the RNA will not result in 
any adverse effect to waterway users.
    The northern boundary coordinates in the regulation for the Oakland 
Harbor RNA was recently discovered to be off by approximately 30 to 200 
yards. This rulemaking will correct the points listed in the RNA 
regulation, accurately reflecting the alignment of the northern 
boundary of the Oakland Harbor RNA with the Bar Channel and what has 
already been charted by NOAA.

Discussion of Interim Rule

    This Interim Rule incorporates an administrative change to correct 
the boundary line of the affected Oakland Harbor RNA to coincide with 
the new boundaries of Anchorage 8. While Anchorage 8 will increase in 
size by approximately 2,300 square feet to the northwest, the Oakland 
Harbor RNA lying just north of this anchorage will decrease in size by 
the same amount. The regulations that apply to vessels within this RNA 
will still remain the same.
    This Interim Rule also incorporates an administrative change to 
correct the mis-printed coordinates in the current RNA regulation for 
the northern boundary of the Oakland Harbor RNA. The corrected 
coordinates will reflect what has already been charted by NOAA.

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 Department of 
Transportation Regulatory Policies and Procedures (DOT) (44 FR 11040, 
February 26, 1979). The Coast Guard expects the impact of this rule to 
be so minimal that a full Regulatory Evaluation under paragraph 10(e) 
of the regulatory policies and procedures of DOT is unnecessary. This 
rule is merely re-designating the boundary lines of the Oakland Harbor 
RNA to coincide with the recently published Anchorage 8 boundary change 
and to correct a mistake on the northern boundary coordinates of the 
RNA.

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. The term 
``small entities'' may include small businesses and not-for profit 
organizations that are independently owned and operated and are not 
dominant in their respective fields, and governmental jurisdictions 
with populations less than 50,000. This rule does not require a general 
notice of proposed rulemaking and, therefore, is exempt from the 
requirements of the Regulatory Flexibility Act. Although this rule is 
exempt, we have reviewed it for potential economic impact on small 
entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this rule, if adopted, is not expected to have a significant 
economic impact on any substantial number of small entities. If you 
think that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this rule will have a significant 
impact on it, please submit a comment. In your comment, explain why you 
think it qualifies and how and to what

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degree this rule would economically affect it.

Assistance for Small Entities

    In accordance with 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 Interim 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 the U.S. Coast Guard using 
information in Addresses above.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined it does not have implications of federalism under that 
order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in aggregate, or by the private sector of 
$100,000,000 or more in any one year. Though this rule will not result 
in such expenditure, the effects of this rule are discussed elsewhere 
in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that under Commandant Instruction M16475.1C, Figure 
2-1, paragraph 34(g), reducing the size of an RNA is categorically 
excluded from further environmental documentation.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 
Part 165 of Title 33, Code of Federal Regulations, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.


    2. Amend Sec. 165.1114 by revising paragraph (c)(7) to read as 
follows:


Sec. 165.1114  San Francisco Bay Region, California--regulated 
navigation area.

* * * * *
    (7) Oakland Harbor RNA. The following is a regulated navigation 
area--The waters bounded by a line connecting the following 
coordinates, beginning at:

37 deg. 48' 40" N, 122 deg. 19' 58" W; thence to
37 deg. 48' 50" N, 122 deg. 20' 02" W; thence to
37 deg. 48' 29" N, 122 deg. 20' 39" W; thence to
37 deg. 48' 13" N, 122 deg. 21' 26" W; thence to
37 deg. 48' 10" N, 122 deg. 21' 39" W; thence to
37 deg. 48' 20" N, 122 deg. 22' 12" W; thence to
37 deg. 47' 36" N, 122 deg. 21' 50" W; thence to
37 deg. 47' 52" N, 122 deg. 21' 40" W; thence to
37 deg. 48' 03" N, 122 deg. 21' 00" W; thence to
37 deg. 47' 48" N, 122 deg. 19' 46" W; thence to
37 deg. 47' 55" N, 122 deg. 19' 43" W; thence returning along the 
shoreline to the point of the beginning.
    Datum: NAD 83
* * * * *

    Dated: July 16, 2001.
E.R. Riutta,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 01-18395 Filed 7-23-01; 8:45 am]
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