Proposed Rule2023-03296
Security Zone; San Francisco Bay, Oakland Estuary, 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
February 16, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend the established security zone extending 50 yards into the navigable waters of the Oakland Estuary, Alameda, California, surrounding the Coast Guard Island Pier. The proposed security zone change would include the entire perimeter of Coast Guard Island and 50 yards on either side of the Coast Guard Island causeway (Dennison Street Bridge). This action is necessary to provide for the continued security of the military service members on board vessels moored at the pier, as well as all military members and government property on Coast Guard Island. This security zone would prohibit all persons and vessels from entering, transiting through or anchoring within a portion of the Oakland Estuary surrounding Coast Guard Island, and prohibit all persons and vessels from loitering within 50 yards of the Coast Guard Island causeway, unless authorized by the Captain of the Port (COTP) or his designated representative. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 32 (Thursday, February 16, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Proposed Rules]
[Pages 10063-10065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03296]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0114]
RIN 1625-AA87
Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend the established security
zone extending 50 yards into the navigable waters of the Oakland
Estuary, Alameda, California, surrounding the Coast Guard Island Pier.
The proposed security zone change would include the entire perimeter of
Coast Guard Island and 50 yards on either side of the Coast Guard
Island causeway (Dennison Street Bridge). This action is necessary to
provide for the continued security of the military service members on
board vessels moored at the pier, as well as all military members and
government property on Coast Guard Island. This security zone would
prohibit all persons and vessels from entering, transiting through or
anchoring within a portion of the Oakland Estuary surrounding Coast
Guard Island, and prohibit all persons and vessels from loitering
within 50 yards of the Coast Guard Island causeway, unless authorized
by the Captain of the Port (COTP) or his designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 20, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0114 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 Waterways Management Division, U.S. Coast Guard; telephone
415-399-7443, email <a href="/cdn-cgi/l/email-protection#0b584d5c6a7f6e797c6a72784b7e78686c25666267"><span class="__cf_email__" data-cfemail="f0a3b6a79184958287918983b085839397de9d999c">[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
The Captain of the Port (COTP) San Francisco has identified a need
to amend the existing security zone to address the security concerns to
the military base on Coast Guard Island and the Coast Guard Island
causeway. Over the past three years, Coast Guard Island has had over 20
security incidents. Additionally, the Coast Guard no longer uses the
Security barrier around the pier and this proposed rulemaking will
account for that change.
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 Oakland Estuary surrounding Coast Guard Island
and the Coast Guard Island causeway. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70051 and 70124.
III. Discussion of Proposed Rule
The Coast Guard is proposing to amend the currently established
security zone at Coast Guard Island, 33 CFR 165.1190, to cover all
navigable waters of the Oakland Estuary beginning at 37[deg]46'42.5''
N, 122[deg]14'51.4'' W; thence to 37[deg]46'46.6'' N, 122[deg]14'59.7''
W; thence to 37[deg]46'51.8'' N, 122[deg]15'7.4'' W; thence to
37[deg]46'56.3'' N, 122[deg]15'12.1'' W; thence to 37[deg]47'2.2'' N,
122[deg]15'16.4'' W; thence to 37[deg]47'8'' N, 122[deg]15'16.6'' W;
thence to 37[deg]47'10'' N, 122[deg]15'12.8'' W; thence to
37[deg]47'10.1'' N, 122[deg]15'5.7'' W; thence to 37[deg]47'7.8'' N,
122[deg]15'0.1'' W; thence to 37[deg]47'5.2'' N, 122[deg]14'53.7'' W;
thence to 37[deg]47'2.1'' N, 122[deg]14'49.5'' W; thence to
37[deg]46'58.9'' N, 122[deg]14'46.2'' W; thence to 37[deg]46'57.1'' N,
122[deg]14'44.6'' W; thence to 37[deg]46'52.9'' N, 122[deg]14'42.6'' W;
thence to 37[deg]46'50.2'' N, 122[deg]14'42.9'' W; thence to
37[deg]46'47.9'' N, 122[deg]14'43.6'' W; thence to 37[deg]46'42.3'' N,
122[deg]14'44.1'' W; thence to the beginning, and all navigable waters
of the Oakland Estuary 50 yards on either side of a line beginning at
37[deg]46'48.1'' N, 122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N,
122[deg]14'41.5'' W; thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W.
The purpose of the proposed change to the security zone is to adapt
to the current security needs of the military facilities on Coast Guard
Island, and to provide the level of security and protection for
national interest with all U.S. Coast Guard personnel, facilities,
vessels located on and within the waters surrounding Coast Guard
Island. Additionally, the proposed change would also include the Coast
Guard Island causeway, a bridge, that facilitates pedestrian and
vehicle access to Coast Guard Island, and therefore is considered
critical infrastructure. Recent increases to the illegal anchoring of
vessels in the vicinity of the bridge represent a serious risk for U.S.
Coast Guard members and physical security of Coast Guard Island.
No vessel or person would be permitted to enter the security zone
surrounding Coast Guard Island, and no vessel or person would be
permitted to loiter in the zone surrounding the causeway bridge, unless
authorized by the COTP. Vessel operators and persons would be able to
transit the waters surrounding the causeway bridge without COTP
permission, but they would not be allowed to loiter in those waters
without the COTP permission. 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.
[[Page 10064]]
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 rule will not be
significant because vessel traffic will still be permitted to transit
around Coast Guard Island, 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 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 covering all navigable waters of the Oakland Estuary, which would
exclude vessels from entering the regulated area unless authorized by
the COTP. Normally such actions are categorically excluded from further
review under paragraph L[60(a)] 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-2023-0114 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
[[Page 10065]]
``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, 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. Revise Sec. 165.1190 to read as follows:
Sec. 165.1190 Security Zone; San Francisco Bay, Oakland Estuary,
Alameda, CA.
(a) Locations. The following areas are security zones: (1) Coast
Guard Island. All waters of the Oakland Estuary, from surface to
bottom, encompassed by a line connecting the following points beginning
at 37[deg]46'42.5'' N, 122[deg]14'51.4'' W; thence to 37[deg]46'46.6''
N, 122[deg]14'59.7'' W; thence to 37[deg]46'51.8'' N, 122[deg]15'7.4''
W; thence to 37[deg]46'56.3'' N, 122[deg]15'12.1'' W; thence to
37[deg]47'2.2'' N, 122[deg]15'16.4'' W; thence to 37[deg]47'8'' N,
122[deg]15'16.6'' W; thence to 37[deg]47'10'' N, 122[deg]15'12.8'' W;
thence to 37[deg]47'10.1'' N, 122[deg]15'5.7'' W; thence to
37[deg]47'7.8'' N, 122[deg]15'0.1'' W; thence to 37[deg]47'5.2'' N,
122[deg]14'53.7'' W; thence to 37[deg]47'2.1'' N, 122[deg]14'49.5'' W;
thence to 37[deg]46'58.9'' N, 122[deg]14'46.2'' W; thence to
37[deg]46'57.1'' N, 122[deg]14'44.6'' W; thence to 37[deg]46'52.9'' N,
122[deg]14'42.6'' W; thence to 37[deg]46'50.2'' N, 122[deg]14'42.9'' W;
thence to 37[deg]46'47.9'' N, 122[deg]14'43.6'' W; thence to
37[deg]46'42.3'' N, 122[deg]14'44.1'' W; and back to the beginning
point. These coordinates are based on North American Datum (NAD) 83.
(2) Coast Guard Island Causeway. All waters of the Oakland Estuary,
from surface to bottom, 50 yards on either side of a line beginning at
37[deg]46'48.1'' N, 122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N,
122[deg]14'41.5'' W; thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W.
These coordinates are based on North American Datum (NAD) 83.
(b) 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)(1) of this section unless authorized by the COTP. The
security zone described in paragraph (a)(1) of this section is closed
to all vessel traffic, except as may be permitted by the COTP. To seek
permission to enter the security zone in paragraph (a)(1) of this
section, 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.
(2) Under the general security zone regulations in subpart D of
this part, you may not loiter in the security zone described in
paragraph (a)(2) of this section unless authorized by the COTP.
(c) Enforcement. The Captain of the Port will enforce this security
zone and may be assisted in the patrol and enforcement of this security
zone by any Federal, State, county, municipal, or private agency.
Dated: February 10, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-03296 Filed 2-15-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 16, 2023.
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.