Rule2021-23895
Safety Zone; Munitions Transfer; Alameda, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 4, 2021
Effective
November 14, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone in the navigable waters of the Oakland Estuary in the Brooklyn Basin South Channel near Coast Guard Island in Alameda, CA in support of a munitions transfer on November 14, 2021, and November 21, 2021. This safety zone is necessary to protect personnel, vessels, and the marine environment from the dangers associated with live munitions. 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 a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 211 (Thursday, November 4, 2021)</title>
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[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60766-60768]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23895]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0801]
RIN 1625-AA00
Safety Zone; Munitions Transfer; Alameda, 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 Oakland Estuary in the Brooklyn Basin South
Channel near Coast Guard Island in Alameda, CA in support of a
munitions transfer on November 14, 2021, and November 21, 2021. This
safety zone is necessary to protect personnel, vessels, and the marine
environment from the dangers associated with live munitions.
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 a designated representative.
DATES: This rule is effective from 8 a.m. on November 14, 2021, until 2
p.m. on November 21, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0801 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade William Harris, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7443, email
<a href="/cdn-cgi/l/email-protection#8ddecbdaecf9e8fffaecf4fecdf8feeeeaa3e0e4e1"><span class="__cf_email__" data-cfemail="ebb8adbc8a9f8e999c8a9298ab9e98888cc5868287">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 it is impractical and contrary to the
public interest. The Coast Guard did not receive final details for this
event until October 18, 2021. There was insufficient time to undergo
the full rulemaking process, including providing a reasonable comment
period and considering those comments because the Coast Guard must
establish this temporary safety zone by November 14, 2021.
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. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is necessary to protect personnel, vessel, and the marine environment
from the potential safety hazards associated with the munitions
transfer near Alameda, CA beginning November 14, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco (COTP) has determined that potential hazards associated with
the munitions transfer on November 14, 2021 and November 21, 2021 will
be a safety concern for anyone within a 250-foot radius of the pier.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone around the
munitions transfer site during the munitions transfer.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. until 2
p.m. on November 14, 2021 and from 8 a.m. until 2 p.m. on November 21,
2021. The temporary safety zone will cover all navigable waters, from
surface to bottom, within 250 feet of the munitions transfer pier
located on the southwest side of Coast Guard Island in the Brooklyn
Basin South Channel of the Oakland Estuary. The temporary safety zone
will be terminated at 2 p.m. on both November 14, 2021 and November 21,
2021 or once announced via broadcast notice to mariners.
This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the munitions transfer location to ensure the
safety of people, vessels, and the marine environment. Except for
persons or vessels authorized by the COTP or the COTP's designated
representative, no person or vessel may enter or remain in the
restricted area. A ``designated representative'' means a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel or a Federal, State, or
local officer designated by or assisting the COTP in the enforcement of
the safety zone.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under
[[Page 60767]]
Executive Order 12866. Accordingly, this rule has not been reviewed by
the Office of Management and Budget (OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone. This
safety zone impacts a 250-foot wide portion of the Brooklyn Basin South
Channel of the Oakland Estuary along the southwest side of Coast Guard
Island in Alameda, CA for six hours. Vessels desiring to transit
through or around the temporary safety zone may do so upon express
permission from the COTP or the COTP's designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessel intending to transit the
temporary safety zone may be small entities, for the reasons stated in
Section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 lasting only six hours that will prohibit entry within 250
feet of vessels and machinery being used by personnel to conduct
munitions transfer. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.
0
2. Add Sec. 165.T11-082 to read as follows:
Sec. 165.T11-082 Safety Zone; Munitions Transfer, Oakland Estuary,
Alameda, CA.
(a) Location. This temporary safety zone is established in the
navigable waters of the Brooklyn Basin South Channel of the Oakland
Estuary near the pier alongside the southwest side of Coast Guard
Island in Alameda, CA as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18662. From 8 a.m. until 2 p.m. daily on
November 14, 2021, and November 21, 2021, the temporary safety zone
will apply to all navigable waters of the Oakland Estuary in the
Brooklyn Basin South Channel, from surface to bottom, within 250 feet
of the pier along the southwest side of Coast Guard Island, during
which time the pier will be used as the munitions transfer location.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer
[[Page 60768]]
on a Coast Guard vessel, or a Federal, State, or local officer
designated by or assisting the Captain of the Port San Francisco (COTP)
in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
Subpart C, you may not enter the safety zone described in paragraph (a)
of this section unless authorized by the COTP or the COTP's designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-21A or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 2 p.m. on November 14, 2021, and from 8 a.m. until 2 p.m. on
November 21, 2021, or until announced via broadcast notice to mariners.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced in accordance with 33 CFR 165.7.
Dated: October 27, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-23895 Filed 11-3-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 4, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.