[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Proposed Rules]
[Pages 12742-12744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4885]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD11-01-003]
RIN 2115-AA98


Anchorage Regulation; San Francisco Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the anchorage boundaries 
for Anchorages 8, 9, and 24, and to specify procedures for vessels 
intending to be in a ``dead ship'' status in the San Francisco Bay 
Anchorage Grounds. The regulations concerning use of the anchorage by 
vessels, and the activities permitted in the anchorage areas are not 
affected by the change in shape and size of these anchorages.

DATES: Comments and related material must reach the Coast Guard on or 
before March 30, 2001.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, Coast Guard Marine Safety Office San Francisco Bay, Bldg. 14, 
Coast Guard Island, Alameda, CA 94501, ATTN: LT Andrew Cheney. The 
Marine Safety Office maintains the public docket for this rulemaking. 
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 and 
copying at the Marine Safety Office between 7:30 a.m. and 4:00 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Patricia Springer, Vessel 
Traffic Management Section, Coast Guard Eleventh District/Pacific Area, 
(510) 437-2951, email: <a href="/cdn-cgi/l/email-protection#5e2e2d2e2c3730393b2c1e3a6f6f702b2d3d3970333732"><span class="__cf_email__" data-cfemail="25555655574c4b424057654114140b505646420b484c49">[email protected]</span></a>.

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 (CGD11-01-
003), 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 
they 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, however you may submit a 
request for a meeting by writing the Marine Safety Office 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 later notice in the Federal Register.

Background and Purpose

    Due to changing uses of the waterways in the San Francisco Bay 
region--including the closure of Naval Air Station Alameda, the trend 
of larger ships arriving in the Bay, and the anticipated growth of 
faster Marine Transportation Systems--mariners have requested changes 
to several anchorage grounds. Recent situations have demanded increased 
use and space for Anchorages 8 and 9. Vessels have had to take anchor 
while awaiting the departure of another at berth. Periodic labor 
strikes and disputes have caused delays in the turnaround time of 
cargo, which in turn have filled the anchorages to capacity. In 
general, these proposed changes will allow more room for the anchorages 
while enhancing safer and more efficient use of the waterways through 
San Francisco Bay and the Carquinez Strait.
    Currently, safety measures for anchoring in the San Francisco Bay 
in a dead-ship status are addressed by individual COTP orders. The term 
``dead ship'' refers to when a vessel's propulsion or control is 
unavailable for normal operations. This rulemaking will enhance the 
safety of navigation in the area by designating a dead-ship anchorage, 
away from usual areas of navigation on the bay, and by uniformly 
requiring the assistance of a tug boat when anchoring in a dead ship 
status. Also, with this proposed change to the rule, the owner/operator 
will be able to make its own arrangements for a tug without having to 
gain the approval of the COTP before proceeding to the dead-ship 
anchorage.

Discussion of Proposed Rule

Anchorage 8 and Anchorage 9 (South San Francisco Bay)

    In the past, San Francisco Bay had a strong military presence and 
much waterway traffic resulted from the military facilities homeported 
in the area. Both Anchorage 8 and 9 were designed to accommodate large 
naval vessels enroute to Naval Air Station Alameda. The configuration 
of these anchorages is no longer optimal due to the closure of the 
Naval Air Station. Commercial vessels awaiting a berth, favorable 
tides, orders, or other operational uses now use Anchorages 8 and 9. 
The size and draft of these commercial vessels has steadily risen in 
recent years and this trend is expected to continue.
    This proposed change includes modifications to Anchorages 8 and 9 
which enlarge the anchorage area into the waters previously used for 
large military vessel transit. Enlarging Anchorage 8 and 9 will allow 
today's larger vessels to have better use of the available water. 
Changes to Anchorage 8 would allow one to two more vessels to anchor, 
and change to Anchorage 9 would allow more deep draft anchorage space. 
Generally, this proposed regulation is intended to eliminate congestion 
in the anchorages and promote safety for these new vessels.

Anchorage 24 (Carquinez Strait)

    The Coast Guard conducted a Waterways Analysis and Management study 
of the San Pablo Bay and Carquinez Strait in late 1998. One of the 
recommendations of the study which was based primarily on the comments 
of mariners using the waterway, was to make better use of the navigable 
waters of the Carquinez Strait just south-southeast of Southampton Bay. 
The Coast Guard decided to establish a buoy marking the edge of the 
useable channel just west-southwest of Commodore Jones Point, 
effectively shrinking the area which is currently Anchorage 24. Study 
of records from the Vessel Traffic Service in San Francisco (which 
monitors this waterway) and discussion

[[Page 12743]]

with waterway users indicated that Anchorage 24 is rarely used, and 
almost never used by vessels that would require over 10 meters of depth 
in the anchorage. Furthermore, there are adequate anchorages for 
vessels of this size in the immediate vicinity. This proposed 
rulemaking is intended to provide more room for large vessels 
maneuvering through Carquinez Strait.

Dead-Ship Procedure

    The Coast Guard has been issuing individual Captain of the Port 
(COTP) Orders for each vessel entering ``dead-ship'' status (propulsion 
or control unavailable for normal operations) in the San Francisco Bay. 
This rulemaking proposes to designate Anchorage 9, which has sufficient 
room for such practices, so that within this area, owner/operators 
following these new procedures will not need to obtain the permission 
of the COTP before proceeding to Anchorage 9. Additionally, instead of 
issuing individual COTP orders to require a tug assist during heavy 
weather, with this rulemaking, vessels will be required to take such 
safety measures when disabling their main propulsion at all times, not 
just during heavy weather.

Regulatory Evaluation

    This proposed 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. 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 Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    We expect the economic impact of this proposal 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 changes in the size and shape of anchorage areas are 
slight and the purpose is to conform to the changed use of the harbor 
and to make best use of available water. As for implementing the cold-
iron regulation, this rulemaking simply makes official in the 
regulation what has already been in practice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.), 
we considered whether this proposed regulation would have significant 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are not dominant in their fields, and governmental jurisdictions 
with populations less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule 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 this rule would economically affect it.

Assistance for Small Entities

    Under Sec. 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Andrew Cheney at the 
address listed in ADDRESSES above.

Collection of Information

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

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We will consider the environmental impact of this proposed 
regulation. However, under figure 2-1, paragraph 34(f) of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from conducting an Environmental Assessment or an Environmental Impact 
Statement. In the above referenced Coast Guard policy instruction, the 
Coast Guard has determined that no further environmental documentation 
is required when changing the size of Special Anchorage Areas or 
anchorage grounds, or when disestablishing or reducing the size of the 
Area or grounds, as proposed to take place in Anchorage No. 24. Because 
the Coast Guard is proposing to increase the size of Anchorages No. 8 
and 9, the Coast Guard will complete a Categorical Exclusion Document 
(CED) and an Environmental Analysis Checklist.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 110 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 1.05-1(g).

    2. Sec. 110.224 is amended by:
    a. In paragraph (a), add a new paragraph (a)(18);
    b. In paragraph (d), revise Table 110.224(D)(1) and add a new 
paragraph m to Notes at the end of the table and;
    c. In paragraph (d), revise paragraphs (e)(5), (e)(6), and (e)(17) 
to read as follows:


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

    (a) * * *

[[Page 12744]]

    (18) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) at any anchorage other than 
in Anchorage 9 as specified in Table 110.224(D)(1) without prior 
approval of the Captain of the Port.
* * * * *
    (d) * * *

                                               Table 110.224(D)(1)
----------------------------------------------------------------------------------------------------------------
            Anchorage No.                  General location              Purpose           Specific regulations
----------------------------------------------------------------------------------------------------------------
4....................................  San Francisco Bay.......  General...............  Notes a, b.
5....................................  ......do................  ......do..............  Do.
6....................................  ......do................  ......do..............  Note a.
7....................................  ......do................  ......do..............  Notes a, b, c, d, e.
8....................................  ......do................  ......do..............  Notes a, b, c.
9....................................  ......do................  ......do..............  Notes a, b, m.
10...................................  ......do................  Naval.................  Note a.
12...................................  ......do................  Explosives............  Notes a, f.
13...................................  ......do................  ......do..............  Notes a, e, g.
14...................................  ......do................  ......do..............  Notes a, f, h.
18...................................  San Pablo Bay...........  General...............  .......................
19...................................  ......do................  ......do..............  Note b.
20...................................  ......do................  ......do..............  .......................
21...................................  ......do................  Naval.................  .......................
22...................................  Carquinez Strait........  General...............  .......................
23...................................  Benicia.................  General...............  Notes c, d, e, l.
24...................................  Carquinez Strait........  General...............  Note j.
26...................................  Suisan Bay..............  ......do..............  Note k.
27...................................  ......do................  ......do..............  .......................
28...................................  San Joaquin River.......  ......do..............  .......................
30...................................  ......do................  Explosives............  .......................
----------------------------------------------------------------------------------------------------------------


    Notes:  a. When sustained winds are in excess of 25 knots each 
vessel greater than 300 gross tons using this anchorage shall 
maintain a continuous radio watch on VHF channel 13 (156.65 MHz) and 
VHF channel 14 (156.70 MHz). This radio watch must be maintained by 
a person who fluently speaks the English language.
    b. Each vessel using this anchorage may not project into 
adjacent channels or fairways.
    c. This anchorage is primarily for use by vessels requiring a 
temporary anchorage waiting to proceed to pier facilities or other 
anchorage grounds. This anchorage may not be used by vessels for the 
purpose of loading any dangerous cargoes or combustible liquids 
unless authorized by the Captain of the Port.
    d. Each vessel using this anchorage may not remain for more than 
12 hours unless authorized by the Captain of the Port.
    e. Each vessel using this anchorage shall be prepared to move 
within 1 hour upon notification by the Captain of the Port.
    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.
    g. The maximum total quantity of explosives that may be on board 
a vessel using this anchorage shall be limited to 50 tons except 
that, with the written permission of the Captain of the Port, each 
vessel in transit, loaded with explosives in excess of 50 tons, may 
anchor temporarily in this anchorage provided that the hatches to 
the holds containing explosives are not opened.
    h. Each vessel using this anchorage will be assigned a berth by 
the Captain of the Port on the basis of the maximum quantity of 
explosives that will be on board the vessel.
    i. [Reserved]
    j. Each vessel using this anchorage shall promptly notify the 
Captain of the Port, upon anchoring and upon departure.
    k. See Sec. 162.270 of this title establishing restricted areas 
in the vicinity of the Maritime Administration Reserve Fleet.
    l. Vessels using this anchorage must exceed 15 feet draft, have 
engines on standby, and have a pilot on board.
    m. Any vessel anchoring in a ``dead-ship'' status shall have one 
assist tug of adequate bollard pull on standby and immediately 
available (maximum of 15 minute response time) to provide emergency 
maneuvering. When the sustained winds are 20 knots or greater, or 
when the wind gusts are 25 knots or greater, the tug must be 
alongside.

    (e) * * *
    (5) Anchorage No. 8. In San Francisco Bay bounded by the west shore 
of Alameda Island and the following lines: Beginning at 37 deg.47'52" 
N, 122 deg.19'58" W; thence west-northwesterly to 37 deg.48'02.5" N 
122 deg.21'01.5" W; thence west-southwesterly to 37 deg.47'51.5" N, 
122 deg.21'40" W; thence south-southwesterly to 37 deg.47'35.5" N, 
122 deg.21'50" W; thence south-southeasterly to 37 deg.46'40" N, 
122 deg.21'23" W; thence easterly to 37 deg.46'36.5" N, 122 deg.19'52" 
W; thence northerly to shore at 37 deg.46'53" N, 122 deg.19'53.5" W 
(NAD 83).
    (6) Anchorage No. 9. In San Francisco Bay bounded on the east by 
the eastern shore of San Francisco Bay and on the north by the southern 
shore of Alameda Island and a line beginning at 37 deg.46'21.5" N, 
122 deg.19'07" W; thence westerly to 37 deg.46'30" N, 122 deg.21'56" W; 
thence south-southeasterly to 37 deg.41'45" N, 122 deg.20'22" W (San 
Bruno Channel Light 1); thence south-southeasterly to 37 deg.38'38.5" 
N, 122 deg.18'48.5" W (San Bruno Channel Light 5); thence southeasterly 
to 37 deg.36'05" N, 122 deg.14'18" W; thence northeasterly to shore at 
37 deg.37'38.5" N, 122 deg.09'06.5" W (NAD 83).
* * * * *
    (17) Anchorage No. 24. Bounded by the north shore of Carquinez 
Strait and the following points: Beginning on the shore at Dillon Point 
at 38 deg.03'44" N, 122 deg.11'34" W; thence southeasterly to 
38 deg.03'21" N, 122 deg.10'43" W; thence southeasterly to 
38 deg.02'36" N, 122 deg.10'03" W (Carquinez Strait Light 23); thence 
to the shore at the Benicia City Wharf at 38 deg.02'40" N, 
122 deg.09'55" W (NAD 83).
* * * * *

    Dated: February 1, 2001.
L.G. Brudnicki,
Captain, U.S. Coast Guard, Commander, Eleventh Coast Guard District, 
Acting.
[FR Doc. 01-4885 Filed 2-27-01; 8:45 am]
BILLING CODE 4910-15-U


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