[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Rules and Regulations]
[Pages 70891-70893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28792]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0945]
RIN 1625-AA00
Safety Zone; Bay Bridge Construction, San Francisco Bay, San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the San Francisco Bay near Yerba Buena Island, CA
in support of the Bay Bridge Construction Safety Zone from November 1,
2012 through July 31, 2013. This safety zone is being established to
protect mariners transiting the area from the dangers associated with
over-head construction operations. Unauthorized persons or vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port or their
designated representative.
DATES: This rule is effective with actual notice from 12:01 a.m. on
November 1, 2012 through November 28, 2012. This rule is effective in
the Federal Register from November 28, 2012 until 11:59 p.m. on July
31, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0945. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Ensign William Hawn, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7442 or email at [email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be impracticable.
The Coast Guard received notification of the load transfer operations
on September 25, 2012 and the event would occur before the rulemaking
process would be completed. Because of the dangers posed by over-head
construction of the Bay Bridge, the safety zone is necessary to provide
for the safety of mariners transiting the area.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the reasons stated above,
delaying the effective date would be impracticable.
B. Basis and Purpose
The legal basis for the proposed temporary rule is the Ports and
Waterways Safety Act which authorizes the Coast Guard to establish
safety zones (33 U.S.C. 1221 et seq.).
CALTRANS will sponsor the Bay Bridge Construction Safety Zone on
November 1, 2012 through July 31, 2013, in the navigable waters of the
San Francisco Bay near Yerba Buena Island, CA. Construction is
scheduled to take place from 12:01 a.m. on November 1, 2012 until 11:59
p.m. on July 31, 2013. Upon commencement of the over-head construction
for the Self-Anchored Suspension Span, the safety zone will encompass
the navigable waters of the San Francisco Bay within a box connected by
the following points: 37[deg]49'06'' N, 122[deg]21'17'' W;
37[deg]49'01'' N, 122[deg]21'12'' W; 37[deg]48'48'' N, 122[deg]21'35''
W; 37[deg]48'53'' N, 122[deg]21'40'' W (NAD 83). The construction is
necessary to facilitate the completion of the Bay Bridge project. The
Bay Bridge is constructed using a self-anchoring suspension system that
requires frequent installation and removal of false work on and around
the bridge. A safety zone is needed to establish a temporary limited
access area on the waters surrounding the load transfer operation. A
safety zone is necessary to protect mariners transiting the area from
the dangers associated with the construction of the Bay Bridge Self-
Anchoring Suspension Span.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone in navigable waters
around and under the Bay Bridge within a box connected by the following
points: 37[deg]49'06'' N, 122[deg]21'17'' W; 37[deg]49'01'' N,
122[deg]21'12'' W; 37[deg]48'48'' N, 122[deg]21'35'' W; 37[deg]48'53''
N, 122[deg]21'40'' W (NAD 83) during construction operations.
Construction on the Self-Anchoring Suspension Span is scheduled to take
place from 12:01 a.m. on November 1, 2012 until 11:59 p.m. on July 31,
2013. At the conclusion of the construction operations the safety zone
shall terminate. The Captain of the Port San Francisco (COTP) will
notify the maritime community of periods during which this zone will be
enforced via Broadcast Notice to Mariners in accordance with 33 CFR
165.7.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the construction operations. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the restricted area.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of
[[Page 70892]]
potential costs and benefits under section 6(a)(3) of that Executive
Order 12866 or under section 1 of Executive Order 13563. The Office of
Management and Budget has not reviewed it under those Orders.
We expect the economic impact of this rule does not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 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. This rule may affect the following entities, some of
which may be small entities: O wners and operators of waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities and sightseeing, if these facilities or vessels
are in the vicinity of the safety zone at times when this zone is being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
This rule will encompass only a small portion of the waterway for a
limited period of time, (ii) vessel traffic can transit safely around
the safety zone, and (iii) the maritime public will be advised in
advance of this safety zone via Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant
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Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T11-534 to read as follows:
Sec. 165.T11-534 Safety zone; Bay Bridge Construction, San Francisco
Bay, San Francisco, CA.
(a) Location. This temporary safety zone is established in the
navigable waters of the San Francisco Bay near Yerba Buena Island,
California as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18650. The safety zone will encompass the
navigable waters of the San Francisco Bay within a box connected by the
following points: 37[deg]49'06'' N, 122[deg]21'17'' W; 37[deg]49'01''
N, 122[deg]21'12'' W; 37[deg]48'48'' N, 122[deg]21'35'' W;
37[deg]48'53'' N, 122[deg]21'40'' W (NAD 83).
(b) Enforcement Period. The zone described in paragraph (a) of this
section will be in effect from 12:01 a.m. on November 1, 2012 until
11:59 p.m. on July 31, 2013. The Captain of the Port San Francisco
(COTP) will notify the maritime community of periods during which this
zone will be enforced via Broadcast Notice to Mariners in accordance
with 33 CFR 165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, Subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: November 2, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Acting, Captain of the Port San Francisco.
[FR Doc. 2012-28792 Filed 11-27-12; 8:45 am]
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