Rule2022-21093
Security Zone; San Francisco Bay, San Francisco, 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
September 29, 2022
Effective
October 31, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 onboard vessels moored at the pier and the government property associated with these valuable national assets. This regulation will 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.
Full Text
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<title>Federal Register, Volume 87 Issue 188 (Thursday, September 29, 2022)</title>
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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Pages 58997-58999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21093]
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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, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing 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 onboard vessels moored at the pier and the government property
associated with these valuable national assets. This regulation will
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.
DATES: This rule is effective October 31, 2022.
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-
2022-0483 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 about this
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#85d6c3d2e4f1e0f7f2e4fcf6c5f0f6e6e2abe8ece9"><span class="__cf_email__" data-cfemail="f6a5b0a19782938481978f85b683859591d89b9f9a">[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 Information and Regulatory History
In October 2021, the Captain of the Port (COTP) San Francisco
identified a need for clearer Aids to Navigation to 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 necessitate
a Coast Guard Security Zone.
In response, on July 18, 2022 the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Security Zone; San Francisco Bay,
San Francisco, CA'' (87 FR 42665). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this fireworks display. During the comment period that ended August 17,
2022, we received no comments.
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 purpose of this rule 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published July
18, 2022. There are no changes in the regulatory text of this rule from
the regulatory text in the NPRM.
This rule establishes a security zone 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. No vessel or
person will be permitted to enter the security zone unless authorized
by the COTP.
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
[[Page 58998]]
approaches that maximize net benefits. This rule has not been
designated a ``significant regulatory action,'' under 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 size and
location of the security zone. The effect of this rule will not be
significant because vessel traffic can pass safely around the area, and
this 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 received no comments from the Small Business
Administration on this rulemaking. 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 vessels intending to transit the
security 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
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. 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, 6.04-1, 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.
[[Page 58999]]
(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 this security zone by any Federal, State,
county, municipal, or private agency.
Dated: September 23, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-21093 Filed 9-28-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 29, 2022.
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