[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22809-22812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9891]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0196]
RIN 1625-AA00


Safety Zone; Bay Ferry II Maritime Security Exercise; San 
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the San Francisco Bay in support of the Bay Ferry 
II Maritime Security Exercise, a multi-agency exercise that tests the 
proficiency of teams called upon in real

[[Page 22810]]

life emergency situations onboard ferries or other vessels in the San 
Francisco Bay. The temporary safety zone is necessary to provide for 
the safety of the public and those participating in the exercise, many 
of whom will be traveling at high speeds while interfacing with law 
enforcement responders. Persons and vessels are prohibited from 
entering into, transiting through, or anchoring within the temporary 
safety zone unless authorized by the Captain of the Port or the Captain 
of the Port's designated representative.

DATES: This rule is effective from 5:50 a.m. until 12:10 p.m. on April 
28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0196 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2011-0196 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
at two locations: 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 or e-mail Lieutenant Junior Grade Allison A. 
Natcher, Waterways Management, U.S. Coast Guard Sector San Francisco, 
Coast Guard; telephone 415-399-7442, e-mail [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 it was impracticable since the 
logistical details of the operations were not presented to the Coast 
Guard in enough time to draft and publish an NPRM.
    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. Any delay in the effective date of 
this rule would expose the public to the dangers posed when conducting 
a live practical exercise with a multi-agency underway response by 
United States Coast Guard, regional law enforcement, including SWAT and 
special tactics units, and fire department marine units.

Background and Purpose

    The California Maritime Academy has requested that the Coast Guard 
enforce a temporary safety zone for operations during the Bay Ferry II 
Maritime Security Exercise from 5:50 a.m. until 12:10 p.m. on April 28, 
2011. The Bay Ferry II Maritime Security Exercise is a multi-agency 
exercise that tests the proficiency of teams called upon in real life 
emergency situations onboard ferries or other vessels in the San 
Francisco Bay. The temporary safety zone will encompass General 
Anchorage 5 between the North and South Shipping Channels to the west 
and Southampton Shoal Channel to the east in San Francisco Bay. The 
temporary safety zone is needed to protect exercise participants and 
provide for the safety of the passenger ferry operators, first 
responders, their crews, and the public during the full scale security 
exercise from accidents or other causes of a similar nature.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will 
be enforced on April 28, 2011 from 5:50 a.m. until 12:10 p.m. The 
limits of the safety zone include the navigable waters of General 
Anchorage 5 between the North and South Shipping Channels to the west 
and Southampton Shoals Channel to the east in San Francisco Bay. The 
safety zone will be located at approximately 37[deg]54' N and 
122[deg]26'10'' W; 37[deg]54' N and 122[deg]25'30'' W; 37[deg]56'30'' N 
and 122[deg]26'30'' W; and 37[deg]56'30'' N and 122[deg]25'50'' W (NAD 
83).
    The temporary safety zone is necessary to protect the public from 
exercise participants and provide for the safety of the United States 
Coast Guard, passenger ferry operators, first responders, and their 
crews during the full scale security exercise from accidents or other 
causes of a similar nature. Persons and vessels will be prohibited from 
entering into, transiting through, or anchoring within the temporary 
safety zone unless authorized by the Captain of the Port, or the 
Captain of the Port's designated representative.
    The temporary safety zone will be enforced by Coast Guard patrol 
craft and San Francisco Harbor Police as authorized by the Captain of 
the Port. See 33 CFR 6.04-11, Assistance of Other Agencies.

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 regulation will restrict access to the area, the 
effect of this rule will not be significant because: (1) The safety 
zone will be in effect for a limited period of time; (2) the Coast 
Guard will give advance notification via maritime advisories so 
mariners can adjust their plans accordingly, and (3) the size of the 
zone is at the minimum necessary to provide adequate protection for the 
United States Coast Guard, passenger ferry operators, first responders, 
their crews, and the public.

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 will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in General Anchorage 5 in the San Francisco Bay between 5:50 
a.m. and 12:10 p.m. on April 28, 2011.
    The temporary safety zone will not have a significant economic 
impact on

[[Page 22811]]

a substantial number of small entities for the following reasons. 
Vessel traffic can pass safely around the zone. Before the effective 
period, the Coast Guard will issue local notice to mariners (LNM) and 
broadcast notice to mariners (BNM) alerts via VHF-FM marine channel 16 
before the safety zone is enforced.

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 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 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 023-01 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. This rule involves the establishment of a 
temporary 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.

    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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec.  165.T11-407 to read as follows:


Sec.  165.T11-407  Safety Zone; Bay Ferry II Maritime Security 
Exercise; San Francisco Bay, San Francisco, CA.

    (a) Location. The limits of this safety zone include the navigable 
waters within General Anchorage 5 at positions: 37[deg]54' N and 
122[deg]26'10'' W; 37[deg]54' N and 122[deg]25'30'' W; 37[deg]56'30'' N 
and 122[deg]26'30'' W; and 37[deg]56'30'' N and 122[deg]25'50'' W (NAD 
83).

[[Page 22812]]

    (b) Enforcement Period. This section will be enforced from 5:50 
a.m. through 12:10 p.m. on April 28, 2011. If the operation concludes 
prior to the scheduled termination time, the Captain of the Port will 
cease enforcement of the safety zones and will announce that fact via 
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to these 
sections: designated representative means any commissioned, warrant, 
and petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and Federal law enforcement vessels who 
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) In accordance with 33 CFR Part 165 Subpart C, 
entry into, transit through or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port of San 
Francisco or the Captain of the Port's designated on-scene 
representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Patrol Commander 
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: April 11, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2011-9891 Filed 4-22-11; 8:45 am]
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