[Federal Register Volume 69, Number 13 (Wednesday, January 21, 2004)]
[Rules and Regulations]
[Pages 2841-2843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1266]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD11-03-001]
RIN 1625-AA11


Regulated Navigation Areas, San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising 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 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: This final rule is effective February 20, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD11 03-001 and are 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-
5954.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 18, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Areas (RNAs), San Francisco Bay, 
CA in the Federal Register (68 FR 181). We received no letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.

Background and Purpose

    Benicia-Martinez Railroad Drawbridge RNA: The purpose is to revise 
the regulated navigation area (RNA) at the Benicia-Martinez Railroad 
Drawbridge at the entrance to Suisun Bay. The revision will refer to 
the bridge that is the focus of the RNA in terms of geographic locality 
and remove any reference to corporate naming methods. The revision will 
convert the distance measurement from 1000 yards to \1/2\ nautical 
mile. The revision will 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 revised RNA.
    Pinole Shoal Channel RNA: Revision of this regulation will 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 will 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: Based on the results of a

[[Page 2842]]

Waterways Analysis and Management Study of the Southampton Shoal 
Channel in April 2000, the Coast Guard relocated Southampton Shoal 
Channel Lighted Buoys 1, 2, 3, 4, 5, 6 and 7 to properly mark the 
federally maintained waterway. This extended the marked channel beyond 
the southern limits of the RNA. This rule extends the RNA so that it 
encompasses the federally maintained waterway. This RNA will 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: This final rule will 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 final rule will 
correct the misprinted 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 rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and do 
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).
    The rule change for the Benicia-Martinez Railroad Drawbridge is 
primarily a naming reference change and boundary modifications. The 
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. This rule 
for visibility and reporting is designed to have minimal regulatory 
impact on how deep draft vessels transit the Benicia-Martinez Railroad 
Bridge region during periods of reduced visibility. The change to the 
Pinole Shoal Channel will keep smaller vessels out of the Pinole Shoal 
Channel but there is currently enough deep water just south of the 
channel for vessels of 15 to 19 feet draft to transit safely south of 
the channel. The 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 rule will 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule calls 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 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 rule will not result in such expenditures, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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. 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 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.
    An ``Environmental Analysis Check List'' and a ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under ADDRESSES.

[[Page 2843]]

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
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: December 17, 2003.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 04-1266 Filed 1-20-04; 8:45 am]
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