Rule2022-24200
Security Zone; Mare Island Dry Dock, Vallejo, CA
Primary source
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Published
November 7, 2022
Effective
November 7, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone in the navigable waters near Mare Island Dry Dock, approximately 100 yards from any part of the berthing piers in the Mare Island Strait, Vallejo, CA within the San Francisco Captain of the Port (COTP) zone. The security zone is necessary to protect the harbors, ports, and waterfront facilities during the dry dock period of the USS Frank Cable and associated APL berthing barge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector San Francisco.
Full Text
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<title>Federal Register, Volume 87 Issue 214 (Monday, November 7, 2022)</title>
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[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Rules and Regulations]
[Pages 66955-66957]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24200]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0904]
RIN 1625-AA87
Security Zone; Mare Island Dry Dock, Vallejo, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the navigable waters near Mare Island Dry Dock, approximately 100 yards
from any part of the berthing piers in the Mare Island Strait, Vallejo,
CA within the San Francisco Captain of the Port (COTP) zone. The
security zone is necessary to protect the harbors, ports, and
waterfront facilities during the dry dock period of the USS Frank Cable
and associated APL berthing barge. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector San Francisco.
DATES: This rule is effective without actual notice from November 7,
2022 until August 1, 2023. For the purposes of enforcement, actual
notice will be used from November 2, 2022 until November 7, 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-
2022-0904 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 LT Anthony Solares, Sector San Francisco, U.S. Coast
Guard; telephone 415-399-3585, email <a href="/cdn-cgi/l/email-protection#89dacfdee8fdecfbfee8f0fac9fcfaeaeea7e4e0e5"><span class="__cf_email__" data-cfemail="653623320411001712041c1625101606024b080c09">[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
[[Page 66956]]
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 would be impracticable. The event
will occur before the completion of a comment period, thereby
jeopardizing the security of the harbors, ports, and waterfront
facilities during dry dock period of the USS Frank Cable and associated
APL berthing barge. We must establish this security zone by November 2,
2022.
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 would
be contrary to the public interest because immediate action is needed
to provide for the security of the harbors, ports, and waterfront
facilities, protection of high-ranking government officials, and
mitigation of potential subversive acts.
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 Sector San
Francisco (COTP) has determined that the USS Frank Cable and APL
berthing barge will attend Mare Island Dry Dock for an extended period
of time and a fixed security zone is necessary for the duration of the
dry dock period. This area is located adjacent to U.S. navigable waters
in the San Francisco COTP zone. This rule is needed to ensure the
safety of the USS Frank Cable and APL berthing barge crew.
IV. Discussion of the Rule
This rule establishes a security zone from midnight on November 2,
2022 until midnight on August 1, 2023. The security zone will cover all
navigable waters of the Mare Island Strait, from surface to bottom,
within 100 yards from any part of the berthing piers in the Mare Island
Strait. The duration of the zone is intended to protect the harbors,
ports, and waterfront facilities during the dry dock period of the USS
Frank Cable. No vessel or person will be permitted to enter the
security zone except for authorized support vessels, aircraft, and
support personnel, or other vessels authorized by the COTP or a
designated representative.
A designated representative means a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel designated by
or assisting the Captain of the Port Sector San Francisco (COTP) in the
enforcement of the security zone. The security zone is closed to all
vessel traffic, except as may be permitted by the COTP or a designated
representative.
To seek permission to enter, contact the COTP or the COTP's
designated representative 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 or the COTP's designated representative.
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 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,
location, and duration of the security zone. Additionally, vessel
traffic can pass safely around the area, and this rule allows to ask
permission to enter the zone.
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 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,
[[Page 66957]]
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 established for the duration of the USS Frank Cable dry
dock period in the navigable waters near Mare Island Dry Dock,
approximately 100 yards from any part of the berthing piers in the Mare
Island Strait, Vallejo, It is categorically excluded from further
review under paragraph L60 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.T11-116 to read as follows:
Sec. 165.T11-116 Security Zone; Mare Island Dry Dock, Vallejo, CA.
(a) Location. The following area is a security zone: all navigable
waters of Mare Island Strait, Vallejo, CA within 100 yards of Mare
Island Dry Dock berthing piers.
(b) Definitions. As used in this section, a designated
representative means a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector San
Francisco (COTP) in the enforcement of the security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The security zone is closed to all vessel traffic, except as
may be permitted by the COTP or a designated representative.
(3) To seek permission to enter, contact the COTP or the COTP's
designated representative 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 or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from midnight
on November 2, 2022 through midnight on August 1, 2023.
Dated: November 1, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2022-24200 Filed 11-4-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 7, 2022.
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.