[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Rules and Regulations]
[Pages 32739-32740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15966]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD11-97-002]
RIN 2115-AA98


Anchorage Regulation; San Francisco Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby revises the regulations for the 
existing explosive anchorage, Anchorage 14 within General Anchorage 9, 
in San Francisco Bay, California. This revision realigns Anchorage 14 
in a true north-south direction amd moves it northerly to include 
deeper water. This will allow vessels with drafts of 38 feet or greater 
laden with explosives, to safety anchor, while minimizing potential 
overcrowding of General Anchorage 9. This anchorage amendment changes 
the position of Anchorage 14 to provide deeper water for explosive load 
activations while not tying up large areas of General Anchorage 9. The 
explosive limit of 3,000 tons net explosive weight (NEW) for Anchorage 
14 will remain unchanged. A provision is added, however, to allow the 
Captain of the Port to provide specific permission to exceed the limit.

EFFECTIVE DATE: July 16, 1998.

ADDRESSES: U.S. Coast Guard Marine Safety Office, San Francisco Bay, 
Building 14, Coast Guard Island, Alameda, CA 94501-5100.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Andrew B. Cheney, Coast Guard Marine Safety Office, San 
Francisco Bay, California; telephone: (510) 437-3073.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 5, 1997, the Coast Guard published a notice of proposed 
rulemaking for this regulation in the Federal Register (62 FR 24378). 
The Coast Guard received one letter commenting on the proposed 
rulemaking. The U.S. Fish and Wildlife Service wrote that the proposed 
realignment of Anchorage 14 in San Francisco Bay was reviewed and the 
action, as proposed, was not likely to adversely affect any listed 
species. No public hearing was requested, and none was held.

Background and Purpose

    In the past, San Francisco Bay was a major explosive load out port 
due to the activities of the military facilities located or home-ported 
within the area. During periods of military conflict, San Francisco Bay 
was a primary port call for vessels and barges entering and departing 
the port laden with military ordnance. These vessels and barges 
conducting military ordnance outloads were easily accommodated by 
explosive Anchorage 12 and 14. In the past, the vessels conducting 
explosive outloads were smaller and handled less cargo than those 
vessels now contracted by Military Sealift Command to transport 
military ordnance. The smaller ships handling less explosive cargo, did 
not require as large of a minimum safe distance, as calculated by the 
DOD Ammunition and Explosive Safety Standards Manual (DOD 6055.9-STD, 
October 1992), as do the larger vessels, now hired to transport 
military ordnance. In addition to handling smaller explosive cargo 
loads, the drafts of the smaller vessels were much shallower than those 
of the larger ships now contracted to transport ordnance. Current local 
policy is to maintain a two-foot clearance under keel for vessels 
transiting the Bay. Since the water in the current Anchorage 14 is 
relatively shallow, anchoring a vessel of 38 feet draft or greater can 
be difficult, depending on the number of other vessels anchored in 
Anchorage 9 and 14. Using explosive Anchorage 12 as an alternate 
anchorage is suitable for the depth of the water, but is not 
satisfactory to meet the safety distance requirements from inhabited 
shore-side areas, as well as other vessels in General Anchorage 9. It, 
therefore, has periodically become necessary to create special 
anchorages for large deep draft vessels laden with explosives, in a 
location that might not be entirely within a charted explosive 
anchorage.
    Additionally, the movement of Anchorage 14 would mitigate the 
burden on commercial vessels looking for safe anchorage in General 
Anchorage 9, and eliminates the need to establish special anchorages 
outside of established anchorages. This will also allow for more usable 
space in General Anchorage 9 at times when the explosive anchorage is 
activated.
    An analysis of past anchorage activations indicates that the 
vessels currently being chartered for the carriage of DOD explosive 
cargo are approximately 26,400 gross tons or greater. Each vessel has 
carried a load of 5.8 million pounds or more, net explosive weight, and 
required at least 42 feet of water to adequately maintain a 2 foot 
under keel clearance safety factor. In its current location, explosive 
Anchorage 14 is so very limited in

[[Page 32740]]

depth of water that vessels with a draft greater than 38 feet find it 
difficult to anchor and remain within the designated anchorage. 
Existing Captain of the Port policy places further restriction on 
locations where lightering of tank vessels and bunkering of all 
commercial vessels can take place. COTP Advisory 4-95 allows lightering 
and bunkering to take place only in Anchorage 9. The current location 
of explosive Anchorages 12 and 14 does not always allow for the most 
effective use of space in General Anchorage 9, the only place for 
lightering and bunkering.

Discussion of Comments and Changes

    The Coast Guard encouraged interested persons to participate in 
this rulemaking by submitting written data, views, or comments within 
60 days after the date that the notice of proposed rulemaking was 
published in the Federal Register. The Coast Guard received only one 
comment during this period, and it took that comment into consideration 
in the promulgation of this final rule (see Regulatory History, above).

Discussion

    The regulation moves the anchorage, as currently configured in size 
and shape, to a new position where the centers of the semicircular end 
boundaries are located, respectively, at latitude 37 deg.42'37'' N., 
longitude 122 deg.19'48'' W. and latitude 37 deg.43'29'' N., longitude 
122 deg.19'48'' W (NAD 83). With this movement, Anchorage 14 will 
include deeper water, while maintaining an effective area of safety for 
vessels laden with explosives with a net explosive weight of 3,000 tons 
or greater. This regulation is designed to eliminate undue congestion 
and provide an effective area of safety in an area that can only 
accommodate a limited number of commercial vessels with drafts greater 
than 38 feet. Additionally, a provision is added specifically giving 
the Captain of the Port the authority to permit vessels to exceed the 
3,000 ton explosives limit.

Regulatory Evaluation

    This final 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 
(DOT) (44 FR 11040, February 26, 1979). The Coast Guard expects the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation, under paragraph 10e of the regulatory policies and 
procedures of the DOT, is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard has considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses and not-for-profit organizations 
that are not dominant in their fields and (2) governmental 
jurisdictions with populations less than 50,000. The Coast Guard 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this rule will not have a significant impact 
on a substantial number of small entities.

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 has 
offered, and continues to offer, assistance to small entities in 
understanding this rule so that they can better evaluate its effects on 
them and fully participate in the rulemaking process.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this rule does not raise sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under Figure 2-1, paragraph 34(f), of 
Commandant Instruction M16475.1C it has no significant environmental 
impact and it is categorically excluded from further environmental 
documentation. The environmental analysis checklist and Categorical 
Exclusion Determination is available for inspection and copying in the 
docket to be maintained at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Final Regulation

    For the reasons set out in the preamble, the Coast Guard amends 
Subpart B 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 105-1(g).

    2. In Sec. 110.224, note f to table 110.224(d)(1) in paragraph (d) 
and Paragraph (e)(10) are revised to read as follows:


Sec. 110.224  San Francisco Bay, San Pablo Bay, Carquinez Strait, 
Suisun Bay, Sacramento River, San Joaquin River and connecting waters, 
CA.

* * * * *
    (d) * * *
TABLE 110.224(d)(1)
* * * * *
    Notes:
* * * * *
    f. The maximum total quantity of explosives that may be on board 
a vessel using this anchorage shall be limited to 3,000 tons unless 
otherwise authorized with the written permission of the Captain of 
the Port.
* * * * *
    (e) * * *
    (10) Anchorage No. 14. In San Francisco Bay east of Hunters Point 
an area 1,000 yards wide and 2,760 yards long, the end boundaries of 
which are semicircles, with a radii of 500 yards and center, 
respectively at latitude 37 deg.42'37'' N., longitude 122 deg.19'48'' 
W. and latitude 37 deg.43'29'' N., longitude 122 deg.19'48'' W. (NAD 
83); and the side boundaries of which are parallel tangents joining the 
semicircles. A forbidden anchorage zone extends 667 yards out from the 
perimeter on each side.
* * * * *
    Dated: May 26, 1998.
J.C. Card,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 98-15966 Filed 6-15-98; 8:45 am]
BILLING CODE 4910-15-M