Anchorage regulations: California,
[Federal Register: January 11, 2000 (Volume 65, Number 7)]
[Proposed Rules]
[Page 1581-1582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja00-19]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD11-99-009]
RIN 2115-AA98
Anchorage Regulation; San Francisco Bay, California
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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
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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]
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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]
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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. 00-586Filed1-10-00; 8:45 am]
BILLING CODE 4910-15-U
