[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54171-54173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21290]
[[Page 54171]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0654]
RIN 1625-AA00
Safety Zone; SFOBB Demolition Safety Zone, 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 San Francisco-Oakland Bay Bridge (SFOBB) Demolition
Safety Zone from September 1, 2013 through December 30, 2014. This
safety zone is established to protect mariners transiting the area from
the dangers associated with over-head demolition and debris removal
operations of the SFOBB. 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 September 1, 2013 through December 30,
2014. This rule will be enforced from 6 a.m. until 7 p.m. daily on the
dates mentioned above.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0654. 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 rule,
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7442 or email at [email protected]. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CALTRANS California Department of Transportation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SFOBB San Francisco-Oakland Bay Bridge
A. Regulatory History and Information
The Coast Guard is issuing this temporary 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 contrary to
the public interest. CALTRANS submitted a request for a safety zone on
July 10, 2013 and the demolition project will begin before the
rulemaking process would be completed. Because of the dangers posed by
over-head demolition and debris removal operations of the SFOBB, the
safety zone is necessary to provide for the safety of mariners
transiting the area. For the safety concerns noted, it is in the public
interest to have this safety zone in effect during the event.
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 contrary to the public interest.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C 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, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
CALTRANS will sponsor the SFOBB Demolition Safety Zone from
September 1, 2013 through December 30, 2014, in the navigable waters of
the San Francisco Bay near Yerba Buena Island, CA. Demolition and
debris removal operations are scheduled to take place from 6 a.m. to 7
p.m. daily beginning on September 1, 2013 and ending on December 30,
2014. The safety zone will encompass the navigable waters of the San
Francisco Bay within 100 yards of the SFOBB from Yerba Buena Island to
the ``I'' Pier, also known as ``E4'' Pier. The demolition project is
necessary to facilitate the completion of the Bay Bridge project. The
safety zone is issued to establish a temporary limited access area on
the waters surrounding the demolition operation. The safety zone is
necessary to protect mariners transiting the area from the dangers
associated with over-head debris removal.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety zone in navigable waters
around and under the SFOBB within 100 yards of the bridge beginning at
Yerba Buena Island and ending at the ``I'' Pier for the demolition and
debris removal of the Yerba Buena Island Detour and the Cantilever
Truss segment of the SFOBB. Demolition and debris removal is scheduled
to take place from 6 a.m. to 7 p.m. daily beginning on September 1,
2013 and ending on December 30, 2014. At the conclusion of the
demolition operations the safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the demolition and debris removal
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. This safety zone is needed to protect public safety by
keeping mariners and vessels away from the immediate vicinity of the
construction operation. The maritime public will be advised in advance
of this safety zone via Broadcast Notice to Mariners.
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 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
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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: owners 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 (Pub. L. 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 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
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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. 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 temporary Sec. 165-T11-589 to read as follows:
Sec. 165-T11-589 Safety zone; SFOBB Demolition Safety Zone, 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 around the SFOBB within 100 yards beginning at Yerba
Buena Island and ending at the ``I'' Pier.
(b) Enforcement Period. The zone described in paragraph (a) of this
section will be in effect from 6 a.m. to 7 p.m. daily from September 1,
2013 until December 30, 2014. 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: August 15, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-21290 Filed 8-30-13; 8:45 am]
BILLING CODE 9110-04-P