[Federal Register Volume 65, Number 7 (Tuesday, January 11, 2000)]
[Proposed Rules]
[Pages 1581-1582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-586]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR PART 110
[CGD11-99-009]
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 amend the regulations for the
existing special anchorage area in Richardson Bay, adjacent to San
Francisco Bay, California by modifying the explanatory note
accompanying the designation of the special anchorage. This explanatory
information is provided at the request of local authorities and is
intended to facilitate safe navigation by calling mariners' attention
to local regulations governing the anchorage area.
DATES: Comments must be received on or before March 13, 2000.
ADDRESSES: Comments may be mailed to Commanding Officer, Coast Guard
Marine Safety Office San Francisco Bay, Bldg. 14, Coast Guard Island,
Alameda, CA 94501, ATTN: LT Drew Cheney. The comments and other
materials referenced in this notice will be available for inspection
and copying at the Marine Safety Office. Normal office hours are
between 7:30 a.m. and 4 p.m., Monday through Friday, except holidays.
Comments may also be hand delivered to this address.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Brian Tetreault,
Vessel Traffic Management Section, Coast Guard Eleventh District/
Pacific Area, Bldg. 50-6 Coast Guard Island, Alameda, CA 94501,
telephone (510) 437-2951, email: btetreault@d11.uscg.mil.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this proposed
rulemaking by submitting written views, data or arguments to the office
listed under ADDRESS in this preamble. Persons submitting comments
should include their names and addresses, identify the docket number
for the regulations (CGD11-99-009), the specific section of the
proposal to which their comments apply, and give reasons 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. The regulations may be
changed in light of the comments received. All comments received before
the expiration of the comment period will be considered before final
action is taken on this proposal.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the U.S. Coast Guard Marine Safety
Office at the Address under ADDRESSES. The request should include the
reasons why a hearing would be beneficial. If it determines that the
opportunity for oral presentations will aid this rulemaking, the Coast
Guard will hold a public hearing at a time and place announced by a
later notice in the Federal Register.
Background and Purpose
The Coast Guard proposes to revise the ``Note'' accompanying the
special anchorage regulations, 33 CFR 110.126a, for San Francisco Bay.
The proposed regulations will amend the explanatory information
provided regarding local authority and requirements.
Discussion of Proposed Regulation
A special anchorage is an area where vessels less than 20 meters in
length are not required to make sound signals while anchored or display
anchor lights as would otherwise be required under the Navigation
Rules. Richardson Bay was designated a special anchorage area in 1969,
and the regulations were amended in 1980. The special anchorage
designation is marked on the chart of the area and referenced in the
Coast Pilot for the convenience of mariners. Local authorities also
exercise jurisdiction over this water area and have enacted ordinances
further regulating vessel activity. These local authorities have
encountered confusion on the part of mariners about the applicable
requirements and the concurrent exercise of authority by both federal
and local entities. The Richardson Bay Regional Agency has asked the
Coast Guard to update the explanatory note accompanying the Federal
anchorage regulations regarding the existence of local authority and
ordinances. The Coast Guard believes that providing accurate and
current information regarding applicable authority and requirements
would be in the best interest of safe and efficient navigation. The
proposed amendment to this regulation does not alter the special
[[Page 1582]]
anchorage area designation or change the dimensions of the anchorage
area.
Regulatory Evaluation
This proposed 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
(44 FR 11040, February 26, 1979). Due to the mainly administrative
nature of this change, the Coast Guard expects 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 Department
of Transportation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq), the
Coast Guard must consider whether this proposed rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule is not expected to
have a significant economic impact on any substantial number of
entities, regardless of their size.
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
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rule making process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact Lieutenant Commander Brian
Tetreault, at the address contained in the paragraph entitled FOR
FURTHER INFORMATION CONTACT.
Collection of Information
This proposed regulation contains no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
proposed regulation and concluded that under Chapter 2.B.2. of
Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(f), it
will have no significant environmental impact and it is categorically
excluded from further environmental documentation.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this proposed rule will result in an
annual expenditure by state, local, and tribal governments, in the
aggregate of $100 million (adjusted annually for inflation). If so, the
Act requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected.
No state, local, or tribal government entities will be affected by
this rule, so this rule will not result in annual or aggregate costs of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Act.
Taking of Private Property
This proposed rule will 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 section 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 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.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend subpart A 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 1.05-1(g).
Sec. 110.126 [Amended]
2. The ``Note'' following Sec. 110.126a, is revised to read as
follows:
* * * * *
Note: Mariners anchoring in the special anchorage area should
consult applicable ordinances of the Richardson Bay Regional Agency
and the County of Marin. These ordinances establish requirements on
matters including the anchoring of vessels, placement of moorings,
and use of anchored and moored vessels within the special anchorage
area. Information on these local agency requirements may be obtained
from the Richardson Bay Harbor Administrator.
Dated: December 10, 1999.
T.H. Collins,
Vice Admiral, USCG, Commander, Eleventh Coast Guard District.
[FR Doc. 00-586 Filed 1-10-00; 8:45 am]
BILLING CODE 4910-15-U
