[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Proposed Rules]
[Pages 57427-57430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0324]
RIN 1625-AA00


Safety Zone; Coast Guard Use of Force Training Exercises, San 
Pablo Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
in San

[[Page 57428]]

Pablo Bay for Coast Guard Use of Force Training exercises. This safety 
zone would be established to ensure the safety of the public and 
participating crews from potential hazards associated with fast-moving 
Coast Guard smallboats or helicopters taking part in the exercise. 
Unauthorized persons or vessels would be prohibited from entering into, 
transiting through, or remaining in the safety zone without permission 
of the Captain of the Port or his designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 5, 2010. Requests for public meetings must 
be received by the Coast Guard on or before November 27, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0324 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lieutenant Simone Mausz, U.S. Coast Guard Sector 
San Francisco; telephone 415-399-7443, e-mail [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0324), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu, select 
``Proposed Rule'' and insert ``USCG-2009-0324'' in the ``Keyword'' box. 
Click ``Search,'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0324'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before November 27, 2009 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Background and Purpose

    U.S. Coast Guard Maritime Safety and Security Team (MSST) San 
Francisco, U.S. Coast Guard Air Station San Francisco, and various 
Coast Guard smallboat stations will be conducting use of force training 
runs in the waters of San Pablo Bay. The exercises are designed to 
train and test Coast Guard personnel in the decision-making processes 
necessary to safely and effectively employ use of force from a 
smallboat or helicopter during Homeland Security incidents. The 
training will generally involve the use of several Coast Guard 
smallboats and/or a helicopter to intercept fast-moving, evasive target 
vessels on the water. The smallboat and helicopter crews will fire 
weapons at the target vessels using blank ammunition and catch bags to 
ensure that cartridges and other debris do not fall to the water. This 
safety zone is issued to establish a restricted area in San Pablo Bay 
around the training site.

Discussion of Proposed Rule

    The Coast Guard is establishing a permanent safety zone in the 
navigable waters of San Pablo Bay. During training exercises, the 
safety zone applies to the navigable waters from the surface to the 
seafloor, defined by enclosing an area within lines connected by the 
following points: 38[deg]05'11'' N, 122[deg]22'10'' W; 38[deg]03'44'' 
N, 122[deg]20'12'' W; 38[deg]00'41'' N, 122[deg]25'28'' W; and 
38[deg]01'45'' N, 122[deg]26' 38'' W (NAD 83).
    The effect of the permanent safety zone will be to restrict 
navigation in the vicinity of the exercise. Except for

[[Page 57429]]

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 intended to keep the public a safe distance away from 
the participating smallboats and/or helicopters and to ensure the 
safety of transiting vessels.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    The proposed rule is not expected to have a significant effect on 
the economy. This safety zone would be activated and enforced for a 
small area where vessel traffic is low and any unrelated traffic is 
unlikely. Vessel traffic can pass safely around the safety zone. Before 
the activation of the zone, the Coast Guard would issue maritime 
advisories widely available to users of the affected waterways. Because 
of the potential dangers posed by these exercises, the safety zone is 
necessary to provide for the safety of other vessels transiting the 
area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The factual basis for this certification is 
as follows:
    (1) This proposed rule would affect owners and operators of 
pleasure craft engaged in recreational activities and sightseeing 
intending to transit San Pablo Bay;
    (2) This safety zone would not have a significant economic impact 
on a substantial number of small entities for the following reasons. 
This safety zone would be activated and enforced for a small area where 
vessel traffic is low and any unrelated traffic is unlikely. Vessel 
traffic can pass safely around the safety zone. Before the activation 
of the zone, the Coast Guard would issue maritime advisories widely 
available to users of the affected waterways.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

Assistance for Small Entities

    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 so that they can better 
evaluation its effects on them and participate in the rulemaking. If 
the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant Simone 
Mausz, U.S. Coast Guard Sector San Francisco; telephone 415-399-7443, 
e-mail [email protected]. 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.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed 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

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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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 0023.1 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This rule is 
categorically excluded from certain documentation requirements under 
figure 2-1, paragraph (34)(g), of the Instruction because the rule 
involves establishment of a safety zone. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T11-244 to read as follows:


Sec.  165.T11-244  Safety Zone; Coast Guard Use of Force Training 
Exercises, San Pablo Bay, CA.

    (a) Location. The following area is a safety zone: All waters of 
San Pablo Bay from the surface to the seafloor, encompassed by lines 
connecting the following points: Beginning at 38[deg]05'11'' N, 
122[deg]22'10'' W; thence to 38[deg]03'44'' N, 122[deg]20'12'' W; 
thence to 38[deg]00'41'' N, 122[deg]25'28'' W; thence to 38[deg]01'45'' 
N, 122[deg]26'38'' W; thence returning to 38[deg]05'11'' N, 
122[deg]22'10'' W (NAD 83).
    (b) Effective period. The Coast Guard will notify the public via a 
Broadcast to Mariners prior to the activation of this safety zone. The 
Coast Guard may activate the safety zone anytime from 9 a.m. through 
11:59 p.m. every Tuesday, Thursday, and Friday, every week of every 
month. If the exercises conclude prior to the scheduled termination 
time, the Coast Guard will cease enforcement of this safety zone and 
will announce that fact via Broadcast Notice to Mariners. Persons and 
vessels may also contact the Coast Guard to determine the status of the 
safety zone on VHF-16 or the 24-hour Command Center via telephone at 
(415) 399-3547.
    (c) 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 designated by or assisting the Captain 
of the Port San Francisco (COTP) in the enforcement of the safety zone.
    (d) 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 representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the 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 
the 24-hour Command Center via telephone at (415) 399-3547.

    Dated: October 16, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E9-26792 Filed 11-5-09; 8:45 am]
BILLING CODE 4910-15-P