[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Proposed Rules]
[Pages 54700-54704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23414]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD11-03-001]
RIN 1625-AA11


Regulated Navigation Areas (RNAs), San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to revise the regulated 
navigation areas (RNA) at: The Benicia-Martinez Railroad Drawbridge 
(BMRD) at the entrance to Suisun Bay; the Pinole Shoal Channel RNA; the 
southern boundary of the Southampton Shoal/Richmond Harbor RNA; and the 
portion of the Oakland Harbor RNA that lies just due north of Anchorage 
8. The revisions will clarify and expand the boundaries of the BMRD 
RNA; restrict vessels less than 1600 gross tons from entering the 
Pinole Shoal Channel RNA; expand the boundary for the Southampton 
Shoal/Richmond Harbor RNA; and designate new boundary lines for the 
Oakland Harbor RNA to coincide with the new Anchorage 8 boundaries. 
These revisions will clarify the procedures for vessels intending to 
transit which are either moored or in transit bound for the BMRD; allow 
towing vessels with tow of 1600 or more gross tons to utilize the

[[Page 54701]]

Pinole Shoal Channel; further reduce the risk of groundings and 
collisions by expanding the RNA in the Southampton Shoal to encompass 
the federally maintained waterway; and correct the coordinates for the 
northern boundary of the Oakland Harbor RNA that is inaccurately listed 
in the current RNA regulation.

DATES: Comments and related material must reach the Coast Guard on or 
before November 17, 2003.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, District Eleven Marine Safety Division, Waterways Management 
Section, Coast Guard Island, Building 51-1, Alameda, CA, 94501-5100, 
Attn: LTJG Michael Boyes. District Eleven Marine Safety Division, 
Waterways Management Section maintains the public docket for these 
rulemakings. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at District Eleven Marine Safety Division, Waterways Management 
Section, Coast Guard Island, Building 51-1, Alameda, CA, 94501-5100, 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Michael Boyes, District Eleven 
Marine Safety Division, Waterways Management Section, at (510) 437-
2940.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD11-03-
001], indicate the specific section of this document to which each 
comment applies, and give the reason 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 
your submission reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not plan to hold a public meeting for this rule. But you may 
submit a request for a meeting in writing to District Eleven Marine 
Safety Division, Waterways Management Section at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a separate notice in the Federal Register.

Background and Purpose

    Benicia-Martinez Railroad Drawbridge regulated navigation area 
(RNA): The purpose is to revise the RNA at the Benicia-Martinez 
Railroad Drawbridge at the entrance to Suisun Bay. The revision would 
refer to the bridge that is the focus of the RNA in terms of geographic 
locality to remove any reference to corporate naming methods. The 
revision would convert the distance measurement from 1000 yards to \1/
2\ nautical mile. Lastly, the revision would clarify and expand the 
boundaries of the RNA and clarify the procedures for vessels intending 
to transit through the Benicia-Martinez Railroad Drawbridge that are 
either moored or anchored within the boundaries of the proposed revised 
RNA.
    Pinole Shoal Channel RNA: Revision of this regulation would update 
the current Pinole Shoal Channel RNA that currently restricts vessels 
drawing a draft less than 20 feet from operating within the channel. 
Instead of the draft requirement, the new regulations would restrict 
vessels less than 1600 gross tons from entering the Pinole Shoal 
Channel RNA. This change will allow vessels of 1600 gross tons or a tug 
with a tow of 1600 gross tons that may not necessarily draw 20 feet of 
draft to utilize the marked channel. The RNA will continue to benefit 
vessels based on their maneuverability and keep smaller vessels out of 
the channel.
    Southampton/Richmond Harbor RNA: In 1995, the Coast Guard 
established several RNA's in the San Francisco Bay, including the 
Southampton Shoal Channel/Richmond Harbor RNA, under 33 CFR 165.1114. 
In 2001, this section was redesignated as section 165.1181. The RNA 
encompasses Southampton Shoal Channel, the Richmond Long Wharf 
Maneuvering Area, the Richmond Harbor Entrance Channel and Point 
Potrero Reach. These are dredged channels and areas within which 
maneuvering room is severely limited. Close-quarters situations between 
deep draft vessels in these channels were eliminated with the 
implementation of the RNA, reducing the risk of grounding and 
collisions.
    In October 1999 a major Bay Area shipping company participated in a 
week of simulation exercises to test the feasibility of bringing in 
new, double hull, very large crude carriers (VLCCs) into the Richmond 
Long Wharf. The class of vessel tested was a 306,000 dead weight tons 
(DWT) tank vessel.
    Part of the study was to see what, if any, improvements would be 
needed, including channel widening, dredging, berth improvements, and 
aids to navigation. Using large scale Army Corps of Engineers survey 
charts it was determined that the buoys, as previously positioned, did 
not accurately indicate the federally maintained channel. Buoy 
1 was located 175 feet outside the channel, Buoy 2 
was right on the channel line, Buoy 4 was 150 feet outside the 
channel, and Buoy 5 was 275 feet outside the channel. Also, 
the distances between North Channel Buoy 8 and Southampton 
Shoal Channel Buoys 1 and 2 were considerable. 
Vessels approaching Southampton Shoal Channel from the south are 
subject to a cross current that is sometimes difficult to detect right 
away due to the distance between navigational aids. Inbound deep draft 
vessels have to proceed at a relatively slow speed through this area, 
allowing greater influence by the current. A closer spacing between 
navigational aids would allow quicker detection of current set and a 
better delineation of the dredged channel.
    In order to enhance navigation safety, it was proposed to change 
the buoys in Southampton Shoal Channel. Buoys 1 and 2 
have been moved to the bottom corner of Anchorage 5. A new set 
of buoys has been added halfway to the top of the channel. Buoy 
5 has been moved down to be adjacent to Buoy 4 (re-
numbered as 6). The green Buoy 1 off Red Rock has 
been moved to the top corner of the turning basin (and has been 
renumbered 7). All buoys have been located 50 feet outside the 
channel limit to facilitate dredging and allow full use of the entire 
channel width. The line of green buoys helps delineate the shallow 
water to the west of the channel and approaches.
    The federally maintained channel used to extend almost all the way 
to North Channel Buoy A and did not stop at Southampton Shoal Buoys 
1 and 2. The water on both sides of the channel 
continues to shoal, so clear delineation of the entire length of the 
channel is critical for deep draft vessels. Waterways Analysis and 
Management Study number 11-00-020 was started on January 27, 2000. The 
San Francisco Bar Pilots notified the Coast Guard and NOAA that 
Southampton Shoal Channel is dredged by the ACOE to North Channel 
Lighted Buoy A (LLNR-5410). At the time of the study, the channel

[[Page 54702]]

was only marked to lighted buoy 1 (LLNR-5640). To properly mark the 
federally maintained waterway the Coast Guard proposed to move 5 buoys 
and add two additional buoys. There is shoaling on both sides of the 
channel, and a clear delineation of the entire length of the channel 
was necessary for deep draft vessels. The Waterways Analysis and 
Management Study concluded on April 20, 2000.
    The proposed Southampton Shoal/Richmond Harbor RNA would increase 
navigational safety by organizing traffic flow patterns; reducing 
meeting, crossing, and overtaking situations between large vessels in 
constricted channels; and limiting vessel speed.
    Oakland Harbor RNA: On June 26, 2001 we published a Final Rule in 
the Federal Register (66 FR 33833) 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 area. 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. Additionally, the 
reduction in the RNA is not expected to 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 from the intended coordinates. This rulemaking would revise 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 Proposed Rule

    Benicia-Martinez Railroad Drawbridge RNA: The 1996 merger of the 
Union Pacific and Southern Pacific Railroad companies resulted in a 
change to the name of the bridge to the Union Pacific Railroad Bridge. 
Using a company name to identify a significant navigational reference 
point can lead to naming confusion in the future if the bridge changes 
ownership again. It was decided to refer to the bridge in terms of 
geographic locality in order to eliminate any references to corporate 
ownership and only use standard geographical naming schemes. The 
reference name Benicia-Martinez Railroad Drawbridge is not intended to 
replace the new bridge name (Union Pacific Railroad Bridge) selected by 
the current bridge owner Union Pacific Railroad for any purpose other 
than this RNA. As with any bridge owner, Union Pacific Railroad retains 
the right to name the bridge. Our name reference is only intended for 
this proposed regulation to update the wording to include the most 
accepted and understood name for waterway users and bridge tenders.
    Procedures for down-bound vessels commencing their transit from 
moorings at terminals between the Benicia-Martinez Railroad Drawbridge 
and New York Point or for vessels anchored between the Benicia-Martinez 
Railroad Drawbridge and New York Point are not defined in the existing 
regulation, and some mariners have expressed confusion regarding the 
procedures to be followed by such vessels. This change will add 
procedures for these vessels and formally adopt an ad-hoc solution that 
has been used since the regulation was established.
    While the proposed rule expands the geographical boundaries of the 
RNA, it does not expand the regulatory scope of the rule. The original 
rule specified the actions of vessels well outside the original 
boundaries of the printed RNA regulation. The new rule simply expands 
the boundaries of the RNA to coincide with the geographic area 
addressed by the original regulation.
    Pinole Shoal Channel RNA: The revision would keep smaller vessels 
(less than 1600 gross tons) out of the Pinole Shoal Channel so that 
larger vessel (equal or greater than 1600 gross tons) could transit the 
channel unimpeded. There is currently enough deep water just south of 
the channel for a vessel of 15 to 19 feet to transit safely south of 
the channel. However, vessels with drafts close to 20 feet prefer 
transiting in the marked channel for an enhanced safety factor during 
the transit. This draft applies to both tugs towing barges greater than 
1600 GT and piloted ships over 1600 GT. VTS San Francisco has 
encountered requests from pilots aboard vessels with less than 20 feet 
draft to use the channel. Stakeholders such as VTS San Francisco and 
the San Francisco Bar Pilots agree that vessels greater than 1600 gross 
tons or with a tug with a tow of 1600 gross tons should have the option 
to use the Pinole Shoal Channel RNA regardless of their draft. Other 
similar RNA's regard vessels gross tonnage as a more logical safety 
criterion than draft.
    Southampton/Richmond Harbor RNA: Based on the results of a 
Waterways Analysis and Management Study of the Southampton Shoal 
Channel, the Coast Guard relocated Southampton Shoal Channel Lighted 
Buoys 1 through 7 to properly mark the federally maintained waterway. 
This extended the marked channel beyond the southern limits of the RNA. 
We propose to extend the RNA so that it encompasses the federally 
maintained waterway.
    Oakland Harbor RNA: This proposed rule would incorporate an 
administrative change to revise the boundary line of the affected 
Oakland Harbor RNA to coincide with the new boundaries of Anchorage 8. 
While Anchorage 8 increased in size by approximately 2,300 square feet 
to the northwest, the Oakland Harbor RNA lying just north of this 
anchorage decreased in size by the same amount. This proposed rule 
would 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 NOAA has already charted. The regulations 
that apply to vessels within this RNA will still remain the same.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6 (a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary. The proposed 
rule changes for the Benicia-Martinez Railroad Drawbridge are primarily 
a naming reference change and boundary modifications. The proposed 
minimum visibility requirements and clarification of vessel procedures 
for vessels transiting the area are intended to be implemented in 
conjunction with already accepted standards for vessel reporting as 
utilized by local pilot associations and bridge operators. These rules 
for visibility and reporting are designed to have minimal regulatory 
impact on how deep draft vessels transit the Benicia-Martinez Railroad 
Bridge region during periods of reduced visibility. The proposed change 
to the Pinole Shoal Channel would keep smaller vessels out of the 
Pinole Shoal Channel but there is currently enough

[[Page 54703]]

deep water just south of the channel for vessels of 15 to 19 feet draft 
to transit safely south of the channel. The proposed changes to the 
Southampton Shoal/Richmond Harbor and Oakland RNAs coincide to chart 
changes and waterway practices that are already in effect.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities because the proposed anchorage regulations are 
only aligning the RNAs with already charted navigational boundaries. 
Any such small entities such as fishing boats and recreational boaters 
transiting, anchoring or loitering in areas already charted in the RNAs 
are already required under the COLREGS to avoid impeding the passage of 
large ships. At all other times when large vessels are not transiting 
the waters specified in this proposed rule small entities are 
authorized to use the waterways in any manner in accordance with other 
standing regulations.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that these rules would 
have a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree these rules would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemakings. If 
this proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LTJG Michael 
Boyes, District Eleven Marine Safety Division, Waterways Management 
Section, at (510) 437-2940.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would not affect 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 proposed rule meet 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation because we are changing a regulated navigation area.
    A draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether the rule should 
be categorically excluded from further environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
Recordkeeping Requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 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. 1226, 1231; 46 U.S.C Chapter 701; 50 U.S.C. 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 
116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


[[Page 54704]]


    2. Amend Sec.  165.1181 by revising paragraphs (c)(1)(ii)(C)(3), 
(c)(5), (c)(6)(ii), (c)(7), (e)(1)(ii)(E), (e)(2)(i) and (ii), and 
(e)(3) to read as follows:


Sec.  165.1181  San Francisco Bay Region, California--regulated 
navigation area.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) * * *
    (3) Deep Water (two-way) Traffic Lane: Bounded by the Central Bay 
precautionary area and the Golden Gate precautionary area, between the 
Deep Water Traffic Lane separation zone and a line connecting the 
following coordinates, beginning at:
* * * * *
    (5) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area 
(RNA). The following is a regulated navigation area--The waters bounded 
by the following longitude lines:
    (i) 122[deg]13'31'' W (coinciding with the charted location of the 
Carquinez Bridge)
    (ii) 121[deg]53'17'' W (coinciding with the charted location of New 
York Point)
    Datum: NAD 83
    (6) * * *
    (ii) The waters bounded by a line connecting the following 
coordinates, beginning at:

37[deg]54'28'' N, 122[deg]23'36'' W; thence to
37[deg]54'20'' N, 122[deg]23'38'' W; thence to
37[deg]54'23'' N, 122[deg]24'02'' W; thence to
37[deg]54'57'' N, 122[deg]24'51'' W; thence to
37[deg]55'05'' N, 122[deg]25'02'' W; thence to
37[deg]54'57'' N, 122[deg]25'22'' W; thence to
37[deg]53'26'' N, 122[deg]25'03'' W; thence to
37[deg]53'24'' N, 122[deg]25'13'' W; thence to
37[deg]55'30'' N, 122[deg]25'35'' W; thence to
37[deg]55'40'' N, 122[deg]25'10'' W; thence to
37[deg]54'54'' N, 122[deg]24'30'' W; thence to
37[deg]54'30'' N, 122[deg]24'00'' W; thence returning to the point of 
beginning.

    Datum: NAD 83
    (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
* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *
    (E) so far as practicable keep clear of the Central Bay Separation 
Zone and the Deep Water Traffic Lane Separation Zone;
* * * * *
    (2) * * *
    (i) A vessel less than 1600 gross tons or a tug with a tow of less 
than 1600 gross tons is not permitted within this RNA.
    (ii) A power-driven vessel of 1600 or more gross tons or a tug with 
a tow of 1600 or more gross tons shall not enter Pinole Shoal Channel 
RNA when another power-driven vessel of 1600 or more gross tons or tug 
with a tow of 1600 or more gross tons is navigating therein if such 
entry would result in meeting, crossing, or overtaking the other 
vessel, when either vessel is:
    (A) Carrying certain dangerous cargoes (as denoted in Sec.  160.203 
of this subchapter);
    (B) Carrying bulk petroleum products; or
    (C) A tank vessel in ballast.
* * * * *
    (3) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area 
(RNA):
    (i) Eastbound vessels:
    (A) The master, pilot, or person directing the movement of a power-
driven vessel of 1600 or more gross tons or a tug with a tow of 1600 or 
more gross tons traveling eastbound and intending to transit under the 
lift span (centered at coordinates 38[deg]02:18'' N, 122[deg]07:17'' W) 
of the railroad bridge across Carquinez Strait at mile 7.0 shall, 
immediately after entering the RNA, determine whether the visibility 
around the lift span is 1/2 nautical mile or greater.
    (B) If the visibility is less than 1/2 nautical mile, or 
subsequently becomes less than 1/2 nautical mile, the vessel shall not 
transit under the lift span.
    (ii) Westbound vessels:
    (A) The master, pilot, or person directing the movement of a power-
driven vessel of 1600 or more gross tons or a tug with a tow of 1600 or 
more gross tons traveling westbound and intending to transit under the 
lift span (centered at coordinates 38[deg]02:18'' N, 122[deg]07'17'' W) 
of the railroad bridge across Carquinez Strait at mile 7.0 shall, 
immediately after entering the RNA determine whether the visibility 
around the lift span is \1/2\ nautical mile or greater.
    (B) If the visibility is less than \1/2\ nautical mile, the vessel 
shall not pass beyond longitude line 121[deg]55'19'' W (coinciding with 
the charted position of the westernmost end of Mallard Island) until 
the visibility improves to greater than \1/2\ nautical mile around the 
lift span.
    (C) If after entering the RNA visibility around the lift span 
subsequently becomes less than \1/2\ nautical mile, the master, pilot, 
or person directing the movement of the vessel either shall not transit 
under the lift span or shall request a deviation from the requirements 
of the RNA as prescribed in paragraph (b) of this section.
    (D) Vessels that are moored or anchored within the RNA with the 
intent to transit under the lift span shall remain moored or anchored 
until visibility around the lift span becomes greater than \1/2\ 
nautical mile.
* * * * *

    Dated: August 25, 2003.
Kevin J. Eldridge,
Rear Admiral, Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 03-23414 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-15-P