Proposed Rule2022-15270
Security Zone; San Francisco Bay, San Francisco, CA
Primary source
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Published
July 18, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a security zone in the navigable waters of the San Francisco Bay near Yerba Buena Island within the San Francisco Captain of the Port (COTP) zone. This security zone is necessary to provide for the security of military service members on board vessels moored at the pier and the government property associated with these valuable national assets. This proposed rulemaking would prohibit the entry of, transiting through, or anchoring within a portion of the San Francisco Bay extending from Yerba Buena Island unless specifically authorized by the Captain of the Port San Francisco. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 136 (Monday, July 18, 2022)</title>
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[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Proposed Rules]
[Pages 42665-42667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15270]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0483]
RIN 1625-AA87
Security Zone; San Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a security zone in
the navigable waters of the San Francisco Bay near Yerba Buena Island
within the San Francisco Captain of the Port (COTP) zone. This security
zone is necessary to provide for the security of military service
members on board vessels moored at the pier and the government property
associated with these valuable national assets. This proposed
rulemaking would prohibit the entry of, transiting through, or
anchoring within a portion of the San Francisco Bay extending from
Yerba Buena Island unless specifically authorized by the Captain of the
Port San Francisco. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 17, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0483 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT William Harris, Sector San
Francisco, U.S. Coast Guard; telephone 415-399-7443, email
<a href="/cdn-cgi/l/email-protection#feadb8a99f8a9b8c899f878dbe8b8d9d99d0939792"><span class="__cf_email__" data-cfemail="580b1e0f392c3d2a2f39212b182d2b3b3f76353134">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
In October 2021, the Captain of the Port (COTP) San Francisco
identified a need for clearer Aids to Navigation to
[[Page 42666]]
inform the boating public of restricted areas near Yerba Buena Island.
Further discussion discovered that current regulations established a
Restricted Area, but not a Security Zone. The COTP has determined that
potential security concerns associated with the mooring of Coast Guard
Cutters would necessitate a Coast Guard Security Zone.
The purpose of this rulemaking is to ensure the security of Coast
Guard facilities, personnel, and vessels, at all times within the
navigable waters of the San Francisco Bay on the east side of Yerba
Buena Island from a point along the southeastern shore of Yerba Buena
Island at 37[deg]48'27'' N, 122[deg]21'44'' W; east to 37[deg]48'27''
N, 122[deg]21'35'' W; north to 37[deg]48'49'' N, 122[deg]21'35'' W, a
point on the northeastern side of Yerba Buena Island. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a security zone which would
cover all navigable waters of the San Francisco Bay on the east side of
Yerba Buena Island from a point along the southeastern shore of Yerba
Buena Island at 37[deg]48'27'' N, 122[deg]21'44'' W; east to
37[deg]48'27'' N, 122[deg]21'35'' W; north to 37[deg]48'49'' N,
122[deg]21'35'' W, a point on the northeastern side of Yerba Buena
Island. This zone is intended to protect the personnel and facilities
of U.S. Coast Guard units and assets located on and within the waters
of Yerba Buena Island. No vessel or person would be permitted to enter
the security zone unless authorized by the COTP. The regulatory text we
are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size and
location of the security zone. The effect of this proposed rule will
not be significant because vessel traffic can pass safely around the
area, and this proposed rule will encompass only a small portion of the
waterway.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a security
zone that would prohibit entry within navigable waters of the San
Francisco Bay on the east side of Yerba Buena Island from a point along
the southeastern shore of Yerba Buena Island at 37[deg]48'27'' N,
122[deg]21'44'' W; east to 37[deg]48'27'' N, 122[deg]21'35'' W; north
to 37[deg]48'49'' N, 122[deg]21'35'' W, a point on the northeastern
side of Yerba Buena Island. Normally such actions are
[[Page 42667]]
categorically excluded from further review under paragraph L[60a] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0483 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.1189 to read as follows:
Sec. 165.1189 Security Zone; San Francisco Bay, San Francisco, CA.
(a) Location. The following area is a security zone: all navigable
waters of the San Francisco Bay on the east side of Yerba Buena Island
from a point along the southeastern shore of Yerba Buena Island at
37[deg]48'27'' N, 122[deg]21'44'' W; east to 37[deg]48'27'' N,
122[deg]21'35'' W; north to 37[deg]48'49'' N, 122[deg]21'35'' W, a
point on the northeastern side of Yerba Buena Island. These coordinates
are based on North American Datum (NAD) 83.
(b) Regulations. (1) In accordance with the general security zone
regulations in subpart D of this part, entry into the area of the
security zone described in paragraph (a) of this section is prohibited
unless authorized by the Captain of the Port (COTP) San Francisco.
(2) The security zone is closed to all vessel traffic, except as
may be permitted by the COTP.
(3) To seek permission to enter, contact the COTP by VHF Marine
Radio channel 16 or through the 24-hour Command Center at telephone
(415) 399-3547. Those in the security zone must comply with all lawful
orders or directions given to them by the COTP.
(c) Enforcement. The Captain of the Port will enforce the security
zone described in paragraph (a) of this section and may be assisted in
the patrol and enforcement of the security zone by any Federal, State,
county, municipal, or private agency.
Dated: July 12, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-15270 Filed 7-15-22; 8:45 am]
BILLING CODE 9110-04-P
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