[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38623-38625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16621]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0422]
RIN 1625-AA00
Safety Zone: Underwater Vessel Testing, 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 San Francisco Bay in San Francisco, CA near Hunters
Point, in support of the Underwater Vessel Testing. This safety zone is
established to ensure the safety of the testing participants and
mariners transiting the area. 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 without actual notice from July 7, 2015
until October 31, 2015. For purposes of enforcement, actual notice will
be used from July 1, 2015 until July 7, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0422. 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 Lieutenant Marcia Medina, U.S. Coast
Guard Sector San Francisco; telephone (415) 399-7443 or email at [email protected]. If you have questions on viewing the docket,
call Program Manager, Docket Operations, telephone (202)366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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.'' The Coast Guard received the information about the event on
May 11, 2015, and the event would occur before the rulemaking process
would be completed. Due to the short timeframe for issuing this safety
zone, we find that it is impracticable to solicit comments for this
temporary final rule.
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 similar reasons listed above.
Due to the time constraints noted, it is impracticable to give 30 days
notice before the effective date of this rule.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C.
191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish safety zones.
The Office of the Secretary of Defense will host Underwater Vessel
Testing periodically between July 1 through October 31, 2015 in the
navigable waters of San Francisco Bay in San Francisco, CA near
Hunter's Point. The safety zone is needed to establish a temporary
restricted area on the waters surrounding the testing. A restricted
area is necessary to ensure the safety of mariners transiting the area.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety zone in navigable waters
around the testing. The Underwater Vessel Testing Safety Zone
establishes a temporary restricted area on the water within an area
connecting the following points: 37[deg]43'30'' N., 122[deg]21'6'' W.;
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N.,
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W.; thence back
to the point of origin (NAD 83). Periods of enforcement will be
requested by the Office of the Secretary of Defense with one week
notice and approved by the COTP. This safety zone will be enforced for
a duration of 6 to up to 72 hours as announced via Broadcast Notice to
Mariners periodically between July 1 through October 31, 2015. At the
conclusion of the testing evolution the safety zone shall terminate for
each evolution.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the testing. Except for persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the restricted area. These regulations
are needed to keep vessels away from the vicinity of the testing to
ensure the safety of mariners transiting the area.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
[[Page 38624]]
based on 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 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 will 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.
This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zone is activated, vessel traffic could pass safely around the safety
zone. 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 will not call for a 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 determined
that this rule 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 concluded
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
[[Page 38625]]
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 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, 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T11-681 to read as follows:
Sec. 165.T11-681 Safety zone; Underwater Vessel Testing, San
Francisco Bay, San Francisco, CA.
(a) Location. This temporary safety zone will encompass the
navigable waters of the South San Francisco Bay within an area
connecting the following points: 37[deg]43'30'' N., 122[deg]21'6'' W.;
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N.,
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W. (NAD 83);
thence back to the point of origin (NAD 83), as depicted in National
Oceanic and Atmospheric Administration (NOAA) Chart 18651.
(b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced for a duration of 6 to up to 72 hours, as
announced via Broadcast Notice to Mariners, periodically between on
July 1 through October 31, 2015. 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 Sec. 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 subpart C of
this part, 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: May 18, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-16621 Filed 7-6-15; 8:45 am]
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