Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16793

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 24, 1995.

Ronald C. Recker,

Acting Assistant Director, Eastern Support

Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 938—PENNSYLVANIA

1. The authority citation for Part 938

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. In Section 938.15, paragraph (cc) is

added to read as follows:

§ 938.15 Approval of regulatory program

amendments.

* * * * *

(cc) The SOAP amendment to the

Pennsylvania program concerning the

Small Operator Assistance Program as

submitted to OSM on October 24, 1994,

is approved, except as noted herein,

effective April 3, 1995:

25 Section 86.81—Program services.

Subsection 86.81(1)(iii) and (iv) are

approved to the extent that the State will

implement those services consistent with

the SOAP funding provisions of SMCRA

section 507(c)(1) and the implementing

Federal regulations at 30 CFR 795.9(b). The

Director is not approving proposed

subsections 86.81(1)(iii) and (iv) to the

extent that the proposed subsections would

authorize the expenditure of Pennsylvania

SOAP funds under the subsections listed

in the preamble at Finding B–2 for services

that are not fundable under section

507(c)(1) of SMCRA or 30 CFR 795.9(b).

25 Section 86.82—Responsibilities.

25 Section 86.83—Eligibility for assistance.

Subchapter 86.83(a)(2) is approved except

to the extent that the provision only

requires the operator to establish that

annual production following permit

approval is reasonably likely to remain

under 300,000 tons for just the first year.

25 Section 86.84—Applications for

assistance.

25 Section 86.85—Application approval.

25 Section 86.86—Notice.

25 Section 86.87—Determination of data

requirements.

25 Section 86.88—Deletion of this

subchapter.

25 Section 86.89—Deletion of this

subchapter.

25 Section 86.91—Definitions and

responsibilities.

25 Section 86.92—Basic qualifications.

25 Section 86.93—Assistance funding.

25 Section 86.94—Applicant liability.

25 Section 86.95—Measurement.

3. In § 938.16, paragraph (ooo) is

added to read as follows:

§ 938.16 Required regulatory program

amendments.

* * * * *

(ooo) By September 1, 1995,

Pennsylvania shall amend 25 chapter

86.83(a)(2) to be no less effective than

30 CFR 795.6(a)(2) to provide that the

applicant must establish that the

operator’s probable total attributed

annual production following permit

issuance will remain under 300,000 tons

for all years, not just the first year.

[FR Doc. 95–7817 Filed 3–31–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 162 and 165

[CGD11–94–007]

RIN 2115–AE84

Regulated Navigation Area; San

Francisco Bay Region, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing regulated navigation areas

(RNAs) within the San Francisco Bay

Region in the waters of the Golden Gate,

Central Bay, Lower Bay, San Pablo Bay

and Carquinez Strait. This action is

necessary due to vessel congestion in

areas where maneuvering room is

limited. These RNAs will increase

navigation safety in the San Francisco

Bay Region by organizing traffic flow

patterns; reducing meeting, crossing,

and overtaking situations between large

vessels in constricted channels; and

limiting vessel speed. This rulemaking

will also remove existing regulatory

language relating to the Pinole Shoal

Channel which with be incorporated

into the RNA.

EFFECTIVE DATE: This rule is effective on

May 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Commander Dennis Sobeck,

Commanding Officer, Vessel Traffic

Service San Francisco, San Francisco;

telephone (415) 556–2950.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Commander

Dennis Sobeck, Project Manager, Vessel

Traffic Service San Francisco, and

Lieutenant Commander C. M. Juckniess,

Project Counsel, Eleventh Coast Guard

District Legal Office.

Regulatory History

On December 12, 1994, the Coast

Guard published a notice of proposed

rulemaking for these regulations in the

Federal Register (59 FR 63947). The

comment period ended February 10,

1995. The Coast Guard received four

letters commenting on the proposal. A

public hearing was not requested and no

hearing was held.

Background and Purpose

In 1972, the Coast Guard, with input

from various members of the San

Francisco Bay maritime community,

established voluntary vessel traffic

routing measures for the San Francisco

Bay region that consisted of traffic lanes

in the Golden Gate and the Central Bay

extending to Pinole Shoal Channel;

separation zones; a precautionary area

east of Alcatraz Island; and an Oakland

Harbor Limited Traffic Area.

Compliance with these routing

measures was voluntary and intended

for use by vessels 300 gross tons or

greater.

In 1991, the precautionary area east of

Alcatraz Island was expanded to

include the water area between the San

Francisco waterfront and Treasure

Island, replacing the traffic lanes in that

area. A deep water route was

established north of Harding Rock.

In 1993, the Coast Guard, with input

from the Harbor Safety Committee of the

San Francisco Bay Region, modified the

voluntary traffic routing measures to

better conform to International Maritime

Organization (IMO) traffic routing

standards. The 1993 modification added
16794 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

a Golden Gate precautionary area, a

deep water traffic lane separation zone

north of Harding Rock and an expanded

Central Bay precautionary area. It

eliminated the traffic lanes in the North

Ship Channel and San Pablo Strait.

The presence of numerous

recreational boats, windsurfers, and

commercial fishing boats that transit the

proposed RNAs poses a navigational

hazard for vessels of 1600 or more gross

tons which are constrained by their

draft and maneuvering capabilities. By

limiting or requiring the use of

established traffic lanes, this rule will

relieve congestion and promote safer

transiting of the RNAs by vessels with

restricted maneuverability. The rule

makes the present voluntary traffic

measures mandatory and requires

vessels 1600 gross tons or more, or tugs

with a two of 1600 gross tons or more,

to follow traffic measures similar to

those currently used on a voluntary

basis. The regulation also defines

precautionary areas and establishes

overtaking, meeting, crossing and speed

restrictions for certain vessels transiting

specific channels within the RNAs.

The RNAs, which lie within the San

Francisco VTS area (33 CFR 161.50), are

as follows: San Francisco Bay RNA,

North Ship Channel RNA, San Pablo

Strait Channel RNA, Pinole Shoal

Channel RNA, Southern Pacific Railroad

Bridge RNA, Southampton Shoal/

Richmond Harbor RNA, and Oakland

Harbor RNA.

General requirements for all RNAs.

The depth of the water and geography

of the San Francisco Bay Region, and

the density of vessel traffic, which

includes numerous ferries and

recreational boats, severely constrain

the ability of a vessel to maneuver in the

event of an emergency. This regulation

limits the maximum speed within the

RNAs to 15 knots through the water for

vessels 1600 gross tons or greater, or a

tug with a tow of 1600 gross tons or

greater, and requires those vessels to

operate their engine(s) in a control mode

and on fuel that will allow for an

immediate response to any engine order,

ahead or astern, including stopping its

engine(s) for an extended period of time.

Limiting vessel speeds to 15 knots or

less through the water within the

prescribed RNAs will reduce the risk of

serious maritime accidents.

There may be situations where vessels

would be unable to safely comply with

the requirements of this regulation. In

such cases, the Captain of the Port, or

the Commanding Officer, VTS San

Francisco, acting as a representative of

the Captain of the Port, may allow a

vessel to deviate from this regulation.

The RNAs defined in this rule are

each considered to constitute a narrow

channel or fairway. Therefore, Rule 9 of

the Inland Navigation Rules (INRs) (33

U.S.C. 2009), in conjunction with the

provisions of the associated INRs, is

specifically made applicable within the

defined RNAs and will be enforced.

Specific requirements for individual

proposed RNAs. The geographic

descriptions and proposed requirements

specific to each RNA are as follows:

San Francisco Bay RNA. The San

Francisco Bay RNA consists of the water

area in the Golden Gate east of the

COLREGS Demarcation Line (33 CFR

80.1142), the Central Bay including

Raccoon Strait, and the existing charted

precautionary area east of Alcatraz

Island.

Because of the large number of vessels

entering and departing San Francisco

Bay, traffic lanes are established in the

Golden Gate and the Central Bay to

separate opposing traffic and reduce

vessel congestion. The lanes are located

where voluntary traffic lanes previously

existed. Use of these lanes and

adherence to the indicated direction of

travel is required for vessels of 1600 or

more gross tons, or tugs with a tow of

1600 or more gross tons, and

recommended for all other vessels.

Due to the presence of shoals and

rocks in the Central Bay, the Central Bay

Two-way Deep Water Traffic Lane

(DWTL), located north of Harding Rock,

provides the best water depth safety

margin for inbound vessels with a draft

of 45 feet or greater, and for outbound

vessels with a draft of 28 feet or greater.

These deep draft vessels are required to

use the DWTL. It is recommended that

all other vessels use the Central Bay

Traffic Lanes so that vessel traffic in the

DWTL is kept to a minimum.

The DWTL is sufficiently narrow that

meeting, crossing, and overtaking

restrictions are necessary to reduce the

likelihood of collision. The regulation

provides that 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 the DWTL 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

when either vessel is carrying certain

dangerous cargo (as defined in 33 CFR

160.203), or bulk petroleum products, or

is a tank vessel in ballast, if such entry

could result in meeting, crossing, or

overtaking the other vessel.

Since vessels are converging or

crossing in such a manner that one-way

traffic flow patterns, although desired,

cannot be established, two

precautionary areas are established in

this RNA. They are: (1) the Golden Gate

Precautionary Area, which encompasses

the waters around the Golden Gate

Bridge between the Golden Gate and the

Central Traffic Lanes; and (2) the

Central Bay Precautionary Area, which

encompasses the large portion of the

Central Bay and part of the Lower Bay.

It is recommended that all vessels

navigating in these precautionary areas

be aware of the joining traffic lanes and

DWTL so as to anticipate the

movements of other vessels.

North Ship Channel RNA and San

Pablo Strait Channel RNA. The North

Ship Channel and San Pablo Strait

Channel consist of the existing charted

channels and delineate the only areas

where the depths of water are sufficient

to allow the safe transit of vessels of

1600 or more gross tons, or a tug with

a tow of 1600 or more gross tons. The

existence of strong tidal currents in

these channels severely restrict the

ability of vessels of 1600 or more gross

tons, or a tug with a tow of 1600 or more

gross tons, to safely maneuver to avoid

smaller vessels. These conditions create

the need to apply the general

regulations to these areas.

Implementation of special regulations in

these RNAs would have only a minimal

impact on safety and is not justified at

this time.

Pinole Shoal Channel RNA. The

Pinole Shoal Channel RNA is a

constricted waterway the use of which

is currently restricted to vessels with a

draft greater than 20 feet, or towboats

with tows drawing more than 20 feet, as

set forth in 33 CFR 162.205(a). Because

of the narrow width of the channel and

the draft of vessels using the channel,

further meeting, crossing, and

overtaking restrictions are necessary to

reduce the likelihood of collision. This

regulation provides that 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 the Pinole Shoal

Channel RNA, which extends from

approximately Light 7 to Light 13 of the

Pinole Shoal Channel, 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

and when either vessel is carrying

certain dangerous cargo (as defined in

33 CFR 160.203) or bulk petroleum

products, or is a tank vessel in ballast,

if such entry would result in meeting,

crossing, or overtaking the other vessel.

Southern Pacific Railroad Bridge

RNA. The Southern Pacific Railroad

Bridge RNA consists of a small circular

area, 200 yards in radius, centered on

the middle of the channel under the

Southern Pacific Railroad Bridge. The

limited horizontal clearance results in a

greater chance of vessel allisions with
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16795

the bridge. This risk of allision is

significantly increased when poor

visibility conditions exist. The

regulation precludes a power-driven

vessel of 1600 or more gross tons, or a

tug with a tow of 1600 or more gross

tons, from transiting the Southern

Pacific Railroad Bridge RNA when

visibility is less than 1000 yards.

Southhampton Shoal/Richmond

Harbor RNA. Southampton Shoal/

Richmond Harbor 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 need to be eliminated to

reduce the risk of groundings and

collisions.

In addition, the Southampton Shoal

Channel is transited by a high number

of laden tank vessels and vessels

carrying certain dangerous cargo (as

defined in 33 CFR 160.203), or bulk

petroleum. Because of the potential for

loss of life or serious environmental

consequences in a collision involving

one or more of these vessels, control of

traffic flow is necessary. The Richmond

Long Wharf Maneuvering Area between

the Richmond Harbor Entrance Channel

and Southampton Shoal Channel, often

has vessels operating at low speeds

where maneuverability is restricted. The

regulation precludes vessels of 1600 or

more gross tons, or tugs with a tow of

1600 or more gross tons, from entering

the RNA if meeting, crossing, or

overtaking another vessel of 1600 or

more gross tons, or a tug with a tow of

1600 or more gross tons, could result.

Oakland Harbor RNA. The Oakland

Harbor RNA encompasses the Oakland

Bar Channel, Oakland Outer Harbor

Entrance, Middle Harbor and Inner

Harbor Entrance Channels. The charted

Limited Traffic Area (LTA), which

recommends that vessels of 300 or more

gross tons transit one at a time to avoid

crossing or meeting situations, is

replaced by the Oakland Harbor RNA.

The northern boundary of the Oakland

Harbor RNA differs slightly from the

LTA in that it follows the northern

boundary of the Oakland Bar and Outer

Harbor Entrance channels and extends

to the ‘‘E’’ tower of the San FranciscoOakland Bay Bridge. This regulation

restricts vessels of 1600 or more gross

tons, or tugs with a tow of 1600 or more

gross tons, from entering the RNA if

meeting, crossing, or overtaking another

vessel of 1600 or more gross tons, or a

tug with a tow of 1600 or more gross

tons, could result.

Paragraph (e)(2) of this rulemaking

substantially duplicates those

regulations currently enumerated in 33

CFR 162.205(a). Paragraph (a) of 33 CFR

162.205 is removed, the section heading

revised, and the remaining paragraphs

of 33 CFR 162.205 redesignated as

paragraphs (a) through (c).

Discussion of Comments and Changes

Four respondents to the NPRM

provided comments on the proposed

regulations. This section discusses the

comments received as well as the Coast

Guard’s responses and changes to the

rule.

One respondent encouraged the Coast

Guard to adopt a maximum speed

throughout the RNAs lower than the

proposed 15 knots through the water.

The commenter felt a 10 knot

maximum, or an upper limit in that

range, would better achieve the safety

improvements being sought through this

rulemaking. Specifically, the commenter

proposed that at 15 knots, certain

vessels may find it impossible to operate

their engines such that an immediate

response to any engine order could be

effected without delay; whereas, at a

speed in the range of 10 knots there

should be no problem in meeting this

additional rule requirement. The Coast

Guard encourages vessels to travel at a

speed which maximizes safety, as long

as vessels do not exceed 15 knots

through the water. The concerns of the

respondent are adequately addressed by

subparagraph (d)(2) of this section in

that if it were not possible to ensure an

immediate response to any engine order

at 15 knots, then the vessel would be

required to reduce speed until

immediate response is possible. The

Coast Guard feels that a maximum limit

of less than 15 knots, imposed

regardless of conditions and other

circumstances, would be unnecessarily

restrictive.

Two respondents provided comments

regarding vessel movements through the

Central Bay traffic lanes. Three issues

were raised: (1) A respondent sought

confirmation that the Deep Water Traffic

Lane (DWTL) is available for the use of

inbound vessels at the option of the

master, pilot, or person directing the

movement of vessel if there is not

opposing traffic. This understanding is

correct. Due to the presence of shoals

and rocks in the Central Bay, the DWTL

provides the best water depth safety

margin for inbound vessels with a draft

of 45 feet or greater, and for outbound

vessels with a draft of 28 feet or greater.

These deep draft vessels are required to

use the DWTL. Inbound vessels with

drafts less than 45 feet and outbound

vessels with drafts less that 28 feet are

not precluded from using the DWTL;

however, it is recommended that these

vessels with lesser drafts use the

appropriate Central Bay Traffic Lane

and proceed in the general direction of

traffic flow for that lane so that vessel

traffic in the DWTL is kept to a

minimum. (2) A respondent

recommended that vessels of a draft of

twenty-four feet or greater be allowed to

use the Deep Water Traffic Lane (DWTL)

when outbound. The respondent stated

that negative tides of over one and a half

feet reduce the underkeel clearance to

an unsafe level for vessels of a draft of

more than twenty-four feet navigating

over Shag and Arch Rocks. Selection of

the appropriate Central Bay traffic lane

is dependent upon the height of the

tide, among other factors. Although the

RNA is written with the intent of

requiring use of the DWTL by inbound

vessels of greater than 45 feet draft and

outbound vessels or greater than 28 feet

draft, vessels of lesser draft are not

precluded from using the DWTL. The

Coast Guard has considered the depth

clearances available in the Central Bay

traffic lanes and has determined that the

28-foot draft threshold for mandatory

use of the DWTL while westbound

provides an adequate margin of safety.

(3) A respondent sought confirmation

that under special circumstances, i.e.,

safety-related reasons, inbound vessels

could transit the outbound traffic lane

north of Alcatraz Island with proper

meeting arrangements and notification

to Vessel Traffic Service San Francisco.

This understanding is correct in that

deviations from both this section and

the National Vessel Traffic Services

Regulation (59 FR 36316, July 15, 1994)

may be authorized provided the

requested deviation is based on vessel

handling characteristics, traffic density,

radar contacts, environmental

conditions, or other relevant conditions,

and that such a deviation provides a

level of safety equivalent to that

provided by the required measure or is

a maneuver considered necessary for

safe navigation under the

circumstances.

A respondent expressed concern at

being unable to safely comply with the

Southern Pacific Railroad Bridge RNA’s

restriction against low-visibility transit

when transiting from east to west, due

to lack of suitable anchorages

immediately to the east of the RNA. A

vessel transiting from west to east can

comply with the regulation as proposed

because a vessel is capable of anchoring

immediately west of the bridge if

visibility is less than 1000 yards.

However, when transiting east to west,

the nearest suitable anchorage site is
16796 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

located approximately 14 miles from the

bridge. Based on this distance and the

limitations on maneuverability

experienced in the westbound approach

to the RNA, the Coast Guard has

modified the regulation to reflect

procedures to be followed when

transiting from east to west. Under this

modified procedure, the decision to not

proceed will be made in time to permit

anchoring until visibility improves.

A respondent suggested meeting,

crossing, and overtaking should be

allowed in the Richmond Long Wharf

Maneuvering Area within the

Southampton Shoal/Richmond Harbor

RNA by vessels of 1600 or more gross

tons or tugs with a tow of 1600 or more

gross tons. Vessels currently meet, cross,

and overtake in the Richmond Long

Wharf Maneuvering Area to avoid doing

so in Southampton Shoal Channel,

Richmond Harbor Entrance Channel,

and Point Potrero Reach; the commenter

contends that safety would be reduced

if meeting, crossing, and overtaking was

restricted in the RNA, due to the

consequent increase in vessel conflicts

in other areas of the San Francisco Bay.

By including the Richmond Long Wharf

Maneuvering area as part of the no

meeting, crossing, and overtaking zone

within this RNA, the Coast Guard feels

the potential for an oil spill or other

marine casualty is significantly reduced

in this area within which maneuvering

room is severely limited. The Coast

Guard does not feel that any degradation

in vessel safety would result from

requiring vessel meeting, crossing, and

overtaking situations to take place

outside this RNA, because impacted

vessels bound for the Richmond Long

Wharf or Richmond Inner Harbor

currently coordinate their movements

and if necessary slow their transit speed

to avoid meeting in Southampton Shoal

Channel, Richmond Entrance Channel,

and Point Potrero Reach without any

impact on vessel safety. The

disadvantage connected with any delays

that may be experienced by vessels

transiting this RNA would be far

outweighed by the advantage of gains in

maritime safety.

A final commenter requested

exemption from the requirements of the

RNAs to cover the operations of a

specified vessel. Other than registering

a general endorsement of the

rulemaking, that comment did not

discuss or make recommendations

regarding the NPRM; therefore, the

request will be answered via separate

correspondence.

Regulatory Evaluation

This regulation 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 10(e) of the

Department of Transportation regulatory

policies and procedures is unnecessary.

At this time, covered vessels voluntarily

comply with the majority of the

procedures and restrictions contained in

these regulations, and rarely if ever

experience delays due to the high

degree of coordination provided by the

VTS. Formally mandating that mariners

follow these previously voluntary

requirements will not have more than a

minimal impact on any party.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rulemaking

would have significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). The Coast Guard expects

the economic impact of the regulation to

be minimal on all entities since it makes

mandatory the existing voluntary

practices. Because it expects the impact

of this rule to be minimal, 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 rulemaking 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 in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment.

The Coast Guard considered the

environmental impact of this

rulemaking and concluded that, under

section 2.B.2. of Commandant

Instruction M16475.1B, this rule is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

statement has been prepared and placed

in the rulemaking docket.

A Consistency Determination under

the Coastal Zone Management Act (14

U.S.C. 1451, et seq.), has been prepared

and placed in the rulemaking docket.

List of Subjects

33 CFR Part 162

Navigation (water), Waterways.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulations

In consideration of the foregoing, the

Coast Guard is amending parts 162 and

165 of title 33, Code of Federal

Regulations, as follows:

PART 162—[AMENDED]

1. The authority citation for part 162

continues to read as follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

2. Section 162.205 is amended by

removing paragraph (a), by

redesignating paragraphs (b) through (d)

as paragraphs (a) though (c), and by

revising the section heading to read as

follows: ‘‘Suisun Bay, San Joaquin

River, Sacramento River, and

connecting waters, CA.’’

PART 165—[AMENDED]

3. 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.

4. A new § 165.1114 is added to read

as follows:

§ 165.1114 San Francisco Bay Region,

California—regulated navigation area.

(a) Applicability. This section applies

to all ressels unless otherwise specified.

(b) Deviations. The Captain of the

Port, San Francisco Bay, or the

Commanding Officer, Vessel Traffic

Service San Francisco, as a

representative of the Captain of the Port,

may authorize a deviation from the

requirements of this regulation when it

is deemed necessary in the interests of

safety.

(c) Regulated Navigation Areas,—(1)

San Francisco Bay RNA. (i) The

following is a regulated navigation

area—The waters bounded by a line

connecting the following coordinates,

beginning at:
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16797

27°47′18′′N, 122°30′22′′W; thence to

37°48′55′′N, 122°31′41′′W; thence along

the shoreline to

37°50′38′′N, 122°28′37′′W; thence to

37°50′59′′N, 122°28′00′′W; thence to

37°51′45′′N, 122°27′28′′W; thence to

37°52′58′′N, 122°26′06′′W; thence to

37°51′53′′N, 122°24′58′′W; thence to

37°51′53′′N, 122°24′00′′W; thence to

37°51′40′′N, 122°23′48′′W; thence to

27°49′22′′N, 122°23′48′′W; thence to

37°48′20′′N, 122°22′12′′W; thence to

37°47′02′′N, 122°21′33′′W; thence to

37°47′02′′N, 122°23′04′′W; thence along

the shoreline to the point of

beginning.

Datum: NAD 83

(ii) The San Francisco Bay RNA

consists of the following defined subareas:

(A) Golden Gate Traffic Lanes.—(1)

Westbound traffic lane: Bounded by the

Golden Gate precautionary area and the

COLREGS Demarcation Line (33 CFR

80.1142), between the separation zone

and a line connecting the following

coordinates:

37°48′30′′N, 122°31′22′′W; thence to

37°49′03′′N, 122°29′52′′W.

Datum: NAD 83

(2) Eastbound traffic lane. Bounded

by the COLREGS Demarcation Line (33

CFR 80.1142) and the Golden Gate

precautionary area, between the

separation zone and a line connecting

the following coordinates:

37°47′50′′ N, 122°30′48′′ W; thence to

37°48′30′′ N, 122°29′29′′ W.

Datum: NAD 83

(3) Golden Gate Separation Zone: The

area 75 yards each side of a line

connecting the following coordinates:

37°48′08′′ N, 122°31′05′′ W; thence to

37°48′46′′ N, 122°29′40′′ W.

Datum: NAD 83

(B) Golden Gate Precautionary Area:

An area bounded by a line connecting

the following coordinates beginning at:

37°48′30′′ N, 122°29′29′′ W; thence to

37°48′52′′ N, 122°28′41′′ W; thence to

37°48′52′′ N, 122°27′49′′ W; thence to

37°49′36′′ N, 122°27′46′′ W; thence to

37°49′55′′ N, 122°28′09′′ W; thence to

37°49′28′′ N, 122°28′45′′ W; thence to

37°49′03′′ N, 122°29′52′′ W; thence

returning to the point of beginning.

Datum: NAD 83

(C) Central Bay Traffic Lanes.—(1)

Westbound traffic lane: Bounded by the

Central Bay precautionary area and the

Golden Gate precautionary area,

between the Central Bay and the Deep

Water Traffic Lane separation zones.

(2) Eastbound traffic lane: Bounded

by the Golden Gate precautionary area

and the Central Bay precautionary area,

between the Central Bay Separation

Zone and a line connecting the

following coordinates, beginning at:

37°48′41′′ N, 122°25′17′′ W; thence to

37°48′50′′ N, 122°26′14′′ W; thence to

37°48′52′′ N, 122°27′49′′ W.

Datum: NAD 83

(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 and a line

connecting the following coordinates,

beginning at:

37°49′55′′ N, 122°28′09′′ W; thence to

37°50′36′′ N, 122°27′12′′ W; thence to

37°50′47′′ N, 122°26′26′′ W.

Datum: NAD 83

(D) Central Bay Separation Zone: The

area 75 yards each side of a line

connecting the following coordinates,

beginning at:

37°49′17′′ N, 122°27′47′′ W; thence to

37°49′35′′ N, 122°25′25′′ W.

Datum: NAD 83

(E) Deep Water Traffic Lane

Separation Zone: The area 75 yards

each side of a line connecting the

following coordinates, beginning at:

37°49′36′′ N, 122°27′46′′ W; thence to

37°50′22′′ N, 122°26′49′′ W; thence to

37°50′25′′ N, 122°26′22′′ W.

Datum: NAD 83

(F) Central Bay Precautionary Area:

An area bounded by a line connecting

the following coordinates, beginning at:

37°48′41′′ N, 122°25′17′′ W; thence to

37°49′32′′ N, 122°25′13′′ W; thence to

37°50′25′′ N, 122°26′22′′ W; thence to

37°50′47′′ N, 122°26′26′′ W; thence to

37°51′04′′ N, 122°24′58′′ W; thence to

37°51′53′′ N, 122°24′58′′ W; thence to

37°51′53′′ N, 122°24′00′′ W; thence to

37°51′40′′ N, 122°23′48′′ W; thence to

37°49′22′′ N, 122°23′48′′ W; thence to

37°48′20′′ N, 122°22′12′′ W; thence to

37°47′02′′ N, 122°21′33′′ W; thence to

37°47′02′′ N, 122°23′04′′W; thence to

37°47′02′′ N, 122°23′04′′ W; thence

returning along the shoreline to the

point of beginning.

Datum: NAD 83

(2) North Ship Channel RNA. The

following is a regulated navigation

area—The waters bounded by a line

connecting the following coordinates,

beginning at:

37°51′53′′ N, 122°24′58′′ W; thence to

37°54′15′′ N, 122°27′27′′ W; thence to

37°56′06′′ N, 122°26′49′′ W; thence to

37°56′06′′ N, 122°26′34′′ W; thence to

37°54′48′′ N, 122°26′42′′ W; thence to

37°54′02′′ N, 122°26′10′′ W; thence to

37°51′53′′ N, 122°24′00′′ W; thence to

returning to the point of beginning.

Datum: NAD 83

(3) San Pablo Strait Channel RNA.

The following is a regulated navigation

area—The waters bounded by a line

connecting the following coordinates,

beginning at:

37°56′06′′ N, 122°26′49′′ W; thence to

37°57′26′′ N, 122°27′21′′ W; thence to

38°00′48′′ N, 122°24′45′′ W; thence to

38°01′54′′ N, 122°22′24′′ W; thence to

38°01′44′′ N, 122°22′18′′ W; thence to

37°57′37′′ N, 122°26′23′′ W; thence to

37°56′06′′ N, 122°26′34′′ W; thence

returning to the point of beginning.

Datum: NAD 83

(4) Pinole Shoal Channel RNA. The

following is a regulated navigation

area—The waters bounded by a line

connecting the following coordinates,

beginning at:

38°01′54′′ N, 122°22′25′′ W; thence to

38°03′13′′ N, 122°19′50′′ W; thence to

38°03′23′′ N, 122°18′31′′ W; thence to

38°03′23′′ N, 122°18′29′′ W; thence to

38°03′05′′ N, 122°19′28′′ W; thence to

38°01′44′′ N, 122°22′18′′ W; thence

returning to the point of beginning.

Datum: NAD 83

(5) Southern Pacific Railroad Bridge

RNA. The following is a regulated

navigation area—The water area

contained within a circle with a radius

of 200 yards, centered on 38°02′18′′ N,

122°07′17′′ W.

Datum: NAD 83

(6) Southampton Shoal Channel/

Richmond Harbor RNA: The following,

consisting of two distinct areas, is a

regulated navigation area—

(i) The waters bounded by a line

connecting the following coordinates,

beginning at:

37°54′17′′ N, 122°22′00′′ W; thence to

37°54′08′′ N, 122°22′00′′ W; thence to

37°54′15′′ N, 122°23′12′′ W; thence to

37°54′30′′ N, 122°23′09′′ W; thence

along the shoreline to the point of

beginning.

Datum: NAD 83

(ii) The waters bounded by a line

connecting the following coordinates,

beginning at:

37°54′28′′ N, 122°23′36′′ W; thence to

37°54′20′′ N, 122°23′38′′ W; thence to

37°54′23′′ N, 122°24′02′′ W; thence to

37°54′57′′ N, 122°24′51′′ W; thence to

37°55′05′′ N, 122°25′02′′ W; thence to

37°54′57′′ N, 122°25′22′′ W; thence to
16798 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

37°54′00′′ N, 122°25′13′′ W; thence to

37°53′59′′ N, 122°25′22′′ W; thence to

37°55′30′′ N, 122°25′35′′ W; thence to

37°55′40′′ N, 122°25′10′′ W; thence to

37°54′54′′ N, 122°24′30′′ W; thence to

37°54′30′′ N, 122°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°48′40′′ N, 122°19′58′′ W; thence to

37°48′50′′ N, 122°20′02′′ W; thence to

37°48′20′′ N, 122°21′00′′ W; thence to

37°48′15′′ N, 122°21′30′′ W; thence to

37°48′20′′ N, 122°21′12′′ W; thence to

37°48′26′′ N, 122°21′45′′ W; thence to

37°47′55′′ N, 122°21′26′′ W; thence to

37°48′03′′ N, 122°21′00′′ W; thence to

37°47′48′′ N, 122°19′46′′ W; thence to

37°47′55′′ N, 122°19′43′′ W; thence

returning along the shoreline to the

point of the beginning.

Datum: NAD 83

(d) General Regulations. (1) A powerdriven vessel of 1600 or more gross tons,

or a tug with a tow of 1600 or more

gross tons, navigating within the RNAs

defined in paragraph (c) of this section,

shall not exceed a speed of 15 knots

through the water.

(2) A power-driven vessel of 1600 or

more gross tons, or a tug with a tow of

1600 or more gross tons, navigating

within the RNAs defined in paragraph

(c) of this section, shall have its

engine(s) ready for immediate maneuver

and shall operate its engine(s) in a

control mode and on fuel that will allow

for an immediate response to any engine

order, ahead or astern, including

stopping its engine(s) for an extended

period of time.

(3) The master, pilot or person

directing the movement of a vessel

within the RNAs defined in paragraph

(c) of this regulation shall comply with

Rule 9 of the Inland Navigation Rules

(INRs) (33 U.S.C. 2009) in conjunction

with the provisions of the associated

INRs.

(e) Specific Regulations.—(1) San

Francisco Bay RNA: (i) A vessel shall

navigate with particular caution in a

precautionary area, or in areas near the

terminations of traffic lanes or channels,

as described in this regulation.

(ii) A power-driven vessel of 1600 or

more gross tons, or a tug with a tow of

1600 or more gross tons, shall:

(A) use the appropriate traffic lane

and proceed in the general direction of

traffic flow for that lane;

(B) use the Central Bay Deep Water

Traffic Lane if eastbound with a draft of

45 feet or greater or westbound with a

draft of 28 feet or greater;

(C) not enter the Central Bay Deep

Water Traffic Lane when another powerdriven vessel of 1600 or more gross tons

or tug with a tow of 1600 or more gross

tons is navigating therein when either

vessel is:

(1) carrying certain dangerous cargoes

(as denoted in section 160.203 of this

subchapter);

(2) carrying bulk petroleum products;

or

(3) a tank vessel in ballast if such

entry would result in meeting, crossing,

or overtaking the other vessel.

(D) normally join or leave a traffic

lane at the termination of the lane, but

when joining or leaving from either

side, shall do so at as small an angle to

the general direction of traffic flow as

practicable;

(E) so far as practicable keep clear of

the Central Bay Separation Zone and the

Deep Water Lane Separation Zone;

(F) not cross a traffic lane separation

zone unless crossing, joining, or leaving

a traffic lane.

(2) Pinole Shoal Channel RNA: (i) The

use of Pinole Shoal Channel RNA is

reserved for navigation of vessels with

a draft greater than 20 feet or tugs with

tows drawing more than 20 feet. Vessels

drawing less than 20 feet are not

permitted within this RNA and are

prohibited from crossing it at any point.

(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 when either vessel is:

(A) carrying certain dangerous cargoes

(as denoted in section 160.203 of this

subchapter);

(B) carrying bulk petroleum products;

or

(C) a tank vessel in ballast if such

entry would result in meeting, crossing,

or overtaking the other vessel.

(iii) Vessels permitted to use this

channel shall proceed at a reasonable

speed so as not to endanger other

vessels or interfere with any work

which may become necessary in

maintaining, surveying, or buoying the

channel, and they shall not anchor in

the channel except in case of a deviation

authorized under paragraph (b) of this

section.

(iv) This paragraph shall not be

construed as prohibiting any necessary

use of the channel by any public vessels

while engaged in official duties, or in

emergencies by pilot boats.

(3) Southern Pacific Railroad Bridge

(RNA): (i) When visibility is less than

1000 yards within the Southern Pacific

Railroad Bridge RNA, a power-driven

vessel of 1600 or more gross tons, or a

tug with a tow of 1600 or more gross

tons:

(A) When eastbound, shall not transit

through the RNA.

(B) When westbound:

(1) During periods of reduced

visibility and immediately prior to

passing New York Point, the master,

pilot, or person directing the movement

of a vessel shall obtain a report of

visibility conditions within the RNA.

(2) If visibility within the RNA is less

than 1000 yards, the vessel shall not

transmit the RNA. Vessels prevented

from transiting due to low visibility

shall not proceed past Mallard Island

until visibility improves to greater than

1000 yards within the RNA.

(3) If a transit between New York

Point and the Southern Pacific Railroad

Bridge has commenced, and the

visibility subsequently should become

less than 1000 yards, the master, pilot,

or person directing the movement of a

vessel shall comply with paragraph (b)

of this section and may proceed, taking

all further appropriate actions in the

interest of safety.

(ii) Visibility is considered to be 1000

yards or greater when both the following

geographical points can be seen from

the Southern Pacific Railroad Bridge:

(A) The Port of Benecia Pier, and

(B) The Shell Martinez Pier.

(4) Southampton Shoal/Richmond

Harbor RNA: 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 Southampton Shoal/Richmond

Harbor RNA when another powerdriven vessel of 1600 or more gross tons,

or a 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.

(5) Oakland Harbor RNA: A powerdriven vessel of 1600 or more gross tons

or a tug with a tow of 1600 or more

gross tons shall not enter the Oakland

Harbor RNA when another powerdriven vessel of 1600 or more gross tons,

or a 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.

R.A. Appelbaum,

Rear Admiral, U.S. Coast Guard, Commander,

Eleventh Coast Guard District.

[FR Doc. 95–8124 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–14–M