Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations 32739

Collection of Information

This rule 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 12612 and

have determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this proposed

rule and concluded that under Figure 2–

1, paragraph 34(h), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety; Navigation (water);

Reporting and recordkeeping

requirements; Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard proposes to

temporarily amend 33 CFR Part 100 as

follows:

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46 and 33 CFR 100.35.

2. From 11 a.m. to 3:30 p.m. on June

19, 1998 in § 100.119, paragraph (c) is

suspended and a new paragraph (d) is

added to read as follows:

§ 100.119 Newport-Bermuda Regatta,

Narragansett Bay, Newport, RI.

* * * * *

(d) Effective period. This section is in

effect on June 19, 1998, from 11 a.m. to

3:30 p.m.

Dated: May 29, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–15897 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–15–M

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.

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 northsouth 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
32740 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations

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°42′37′′ N., longitude

122°19′48′′ W. and latitude 37°43′29′′

N., longitude 122°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 § 110.224, note f to table

110.224(d)(1) in paragraph (d) and

Paragraph (e)(10) are revised to read as

follows:

§ 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°42′37′′ N., longitude 122°19′48′′ W.

and latitude 37°43′29′′ N., longitude

122°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