Rule2023-01194
Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, San Francisco Bay, San Francisco, CA
Primary source
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Published
January 20, 2023
Effective
January 21, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the navigable waters of San Francisco Bay, near Treasure Island, San Francisco, CA, in support of the Coast Guard Port Security Unit (PSU)- 312 training exercise. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created by the Coast Guard PSU-312 on-water training and associated operations. Unauthorized persons or vessels are prohibited from entering, transiting through, or remaining in the safety zone without permission of the Captain of the Port San Francisco or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 13 (Friday, January 20, 2023)</title>
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[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Pages 3657-3659]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01194]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0061]
RIN 1625-AA00
Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, San
Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of San Francisco Bay, near Treasure Island, San
Francisco, CA, in support of the Coast Guard Port Security Unit (PSU)-
312 training exercise. This safety zone is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by the Coast Guard PSU-312 on-water training and associated
operations. Unauthorized persons or vessels are prohibited from
entering, transiting through, or remaining in the safety zone without
permission of the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective on January 21, 2023, from 9 a.m. through
6:30 p.m.
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-
2023-0061 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Anthony I. Solares, Waterways Management, U.S. Coast
Guard; telephone (415) 399-3585, email <a href="/cdn-cgi/l/email-protection#7d2e3b2a1c09180f0a1c040e3d080e1e1a53101411"><span class="__cf_email__" data-cfemail="51021706302534232630282211242232367f3c383d">[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
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 impracticable. The Coast Guard
received the final details of the training on January 12, 2023. It is
impracticable to publish an NPRM because we must establish this safety
zone by January 21, 2023, and lack sufficient time to provide a
reasonable comment period and consider those comments before issuing
the 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. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to protect personnel, vessels, and the marine
environment in the navigable waters around the potentially hazardous
on-water training and associated operations involving vessels firing
blank rounds.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
Coast Guard PSU-312 training operations scheduled to occur on January
21, 2023, will be a safety concern for anyone within the designated
exercise area. The on-water training will involve vessels firing blank
rounds. For this reason, this temporary safety zone is needed to
protect personnel, vessels, and the marine environment in the navigable
waters surrounding the potentially hazardous activity.
IV. Discussion of the Rule
This rule establishes a safety zone around the Coast Guard PSU-312
training operations in the waters of the San Francisco Bay, near
Treasure Island, San Francisco, CA, on January 21, 2023, from 9 a.m.
until 6:30 p.m. The safety zone will encompass the navigable waters,
from surface to bottom, within a circle formed by connecting all points
1,000 yards from the circle center at approximate position
37[deg]49'15.3'' N, 122[deg]21'38.5'' W (NAD 83); or as announced via
Broadcast Notice to Mariners.
This regulation is needed to keep persons and vessels away from the
immediate vicinity of the training operations to ensure the safety of
personnel, vessels, and the marine environment. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the Captain of the Port Sector San Francisco (COTP) or a
designated representative. A ``designated representative'' means a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or officer designated by or assisting the COTP in the
enforcement of the safety zone.
The COTP or the COTP's designated representative will notify the
maritime community of periods during which this
[[Page 3658]]
zone will be enforced in accordance with 33 CFR 165.7, including but
not limited to Broadcast Notice to Mariners.
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 limited
duration and narrowly tailored geographic area of the safety zone. The
zone encompasses approximately 0.75 square miles of the waterway for
less than 10 hours. Although this rule restricts access to the water
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified to ensure
the safety zone will result in minimum impact. The 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 vessels 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 that will prohibit entry to the area surrounding the
potentially hazardous Coast Guard training operations. 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
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-120 to read as follows:
[[Page 3659]]
Sec. 165.T11-120 Safety Zone; Coast Guard PSU-312 Training Exercise
South Bay, San Francisco Bay, San Francisco, CA.
(a) Location. The following is a safety zone: The safety zone
encompasses the navigable waters, from surface to bottom, within a
circle formed by connecting all points 1,000 yards from the circle
center at approximate position 37[deg]49'15.3'' N, 122[deg]21'38.5'' W
(NAD 83); or as announced via Broadcast Notice to Mariners.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, or an officer designated by or
assisting the Captain of the Port Sector San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, 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-23A or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced on January
21, 2023, from 9 a.m. through 6:30 p.m.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which the safety zone described in paragraph (a) of this section will
be enforced in accordance with Sec. 165.7, including but not limited
to Broadcast Notice to Mariners.
Dated: January 17, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2023-01194 Filed 1-19-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on January 20, 2023.
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