[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Proposed Rules]
[Pages 24378-24380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11561]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the regulations for the
existing explosive anchorage, Anchorage 14 within General Anchorage 9,
in San Francisco Bay, California. This revision proposes to realign
Anchorage 14 in a true north-south direction and move it northerly to
include deeper water. This will allow vessels with drafts of 38 feet or
greater laden with explosives, to safely anchor, while minimizing
potential overcrowding of General Anchorage 9. This proposed 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 will
be added, however, to allow the Captain of the Port to provide specific
permission to exceed the limit.
DATES: Comments must be received on or before July 7, 1997.
[[Page 24379]]
ADDRESSES: Comments may be mailed to Commanding Officer, U.S. Coast
Guard Marine Safety Office, Bldg. 14, Coast Guard Island, Alameda, CA
94501-5100, or may be delivered to Room 124 at the same address between
8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The
telephone number is (510) 437-3074. The Captain of the Port maintains
the public docket for this rulemaking. Comments will become part of
this docket and will be available for inspection or copying at Bldg.
14, Room 124, Coast Guard Island, Alameda.
FOR FURTHER INFORMATION CONTACT: Lieutenant Robert Lee, Port
Operations, Coast Guard Marine Safety Office San Francisco Bay,
telephone (510) 437-3073.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or comments. Persons
submitting comments should include their names and address, identify
this rulemaking (CGD 11-97-002) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an unbound format suitable for copying and electronic
filing. If not practical, a second copy of any bound materials is
requested. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope. The Coast Guard
will consider all comments received during this comment period. It may
change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Project Manager at the address under
ADDRESSES. The request should include reasons why a hearing would be
beneficial. If it is determined 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
In the past, San Francisco Bay was a major explosive load out port
due to the activities of the military facilities located or homeported
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 Anchorages 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, which handled 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
Anchorages 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
shoreside areas and other vessels in General Anchorage 9. Therefore, it
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. In order to
accommodate the larger vessels now using the anchorage and to alleviate
the need to designate special anchorages, the Coast Guard is proposing
that the anchorage grounds designated in 33 CFR 110.224(e)(10) be
changed.
Additionally, the proposed movement of Anchorage 14 would mitigate
the burden on commercial vessels looking for safe anchorage in General
Anchorage 9, and would eliminate the need to establish special
anchorages outside of established anchorages. This proposal 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 net explosive weight or more and
required at least 42 feet of water to adequately maintain a 2 foot
under keel clearance. In its current location explosive Anchorage 14 is
limited in depth of available water such 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
restriction on locations where lightering of tank vessels and bunkering
of all commercial vessels can take place. Captain of the Port Advisory
4-95 allows lightering and bunkering to take place only in Anchorage 9.
The current location of explosives Anchorage 12 and 14 does not always
allow for the most effective use of space in General Anchorage 9, the
only anchorage authorized for lightering and bunkering, when Anchorage
12 or 14 is activated.
Discussion of the Proposed Amendment
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.42'6'' N.,
longitude 122 deg.19'48'' W. and latitude 37 deg.43'5'' N., longitude
122 deg.19'8'' W. (NAD 83). With this proposed 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 proposed 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
will be added specifically giving the Captain of the Port the authority
to permit vessels to exceed the 3,000 ton explosives limit.
Regulatory Evaluation
This proposal 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 must consider whether this proposed rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include
[[Page 24380]]
small businesses and not-for-profit organizations that are not dominant
in their fields and (2) governmental jurisdictions with populations
less than 50,000. Because it expects the impact of this proposal to be
so minimal, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposal,
if adopted, will not have a significant impact on a substantial number
of small entities.
Collection of Information
This proposal 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 proposal 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
proposal and concluded that under paragraph 2.B.2 of Commandant
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994, and 61
FR 13563, March 27, 1996, it will have no significant environmental
impact and it is categorically excluded from further environmental
documentation. The environmental analysis checklist and Categorical
Exclusion Determination will be 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.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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, 2071; 49 CFR 1.46; and 33 CFR 1.05-
1(g). Section 110.1a and each section listed in it are also listed
under 33 U.S.C. 1223 and 1231.
2. In section 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 667 yard-wide forbidden anchorage zone surrounds this
anchorage.
* * * * *
Dated: April 15, 1997.
J.M. MacDonald,
Captain, U.S. Coast Guard, Commander, Eleventh Coast Guard District
(Acting).
[FR Doc. 97-11561 Filed 5-2-97; 8:45 am]
BILLING CODE 4910-14-M
