[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Rules and Regulations]
[Pages 54483-54485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25393]
[[Page 54483]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0870]
RIN 1625-AA00
Safety Zone; Waters Surrounding M/V Guilio Verne and Barge Hagar
for the Transbay Cable Laying Project, San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
in the navigable waters of San Francisco Bay surrounding the Motor
Vessel (M/V) Guilio Verne and barge Hagar while engaged in cable laying
operations. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port or his designated
representative. This safety zone is necessary to protect persons and
property from hazards associated with the cable laying operations.
DATES: This temporary final rule is effective from 12 a.m. on October
22, 2009, until 11:59 p.m. on December 1, 2009. This temporary final
rule is enforceable with actual notice by Coast Guard personnel
beginning October 7, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0870 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-0870 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Simone Mausz, U.S. Coast
Guard Sector San Francisco, at (415) 399-7443 or e-mail at
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 the event would occur before the
rulemaking process would be completed. The safety zone is necessary to
protect the safety of persons and property in the area from the dangers
posed by the offloading of heavy equipment. Delaying the effective date
of the safety zone would expose members of the public to those dangers,
and would be contrary to the public interest.
For the same reasons, the Coast Guard also finds under 5 U.S.C.
553(d)(3) that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. Any delay in
the effective date of this rule would expose members of the public to
the dangers associated with offloading heavy equipment.
Background and Purpose
The Transbay Cable Laying project is necessary to deliver
electrical current from a decommissioned power plant in Pittsburg, CA
to a power plant in San Francisco to provide the city with energy. This
rule is necessary for the safety of the public and vessels transiting
to other berths during the offload of this cargo. This rule prohibits
entry of any vessel or person into the safety zone without specific
authorization from the Captain of the Port or his designated
representative.
Discussion of Rule
This temporary moving safety zone will remain in effect from 12
a.m. October 7, 2009 through 11:59 p.m. December 1, 2009 and includes
all waters extending from the surface area to the sea floor within
1,000 feet of the vessel and barge.
The effect of the temporary moving safety zone will be to restrict
navigation in the vicinity of the cable laying operations while the
cable is being deployed and buried. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the restricted area. These regulations are needed to
keep spectators and vessels a safe distance away from the vessel to
ensure the safety of participants, spectators, and transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule restricts access to the waters encompassed by
the temporary moving safety zone, the effect of this rule will not be
significant because vessels will be able to safely transit around the
area and the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the temporary moving safety zone will
result in minimum impact. The entities most likely to be affected are
pleasure craft engaged in recreational activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area; (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of the San Francisco
Bay to engage in these activities; (iii) this rule will encompass only
a small portion of
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the waterway for a limited period of time; and, (iv) the maritime
public will be advised in advance of this safety zone via Broadcast
Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction because the rule involves establishing a
safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165-T11-243 to read as follows:
Sec. 165-T11-243 Safety Zone; Transbay Cable Laying Project, San
Francisco Bay, CA.
(a) Location. The following area is a temporary moving safety zone:
All waters of San Francisco Bay up to Pittsburg, CA, from surface to
bottom, within 1,000 feet of the M/V Guilio Verne and the barge Hagar.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, or local officer
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designated by or assisting the Captain of the Port San Francisco (COTP)
in the enforcement of the safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited 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 temporary moving safety zone must comply with all
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-16 or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Effective period. This section is effective from 12 a.m. on
October 7, 2009 through 11:59 p.m. on December 1, 2009.
Dated: October 6, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E9-25393 Filed 10-21-09; 8:45 am]
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