[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Rules and Regulations]
[Pages 70891-70893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0945]
RIN 1625-AA00


Safety Zone; Bay Bridge Construction, 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 in the 
navigable waters of the San Francisco Bay near Yerba Buena Island, CA 
in support of the Bay Bridge Construction Safety Zone from November 1, 
2012 through July 31, 2013. This safety zone is being established to 
protect mariners transiting the area from the dangers associated with 
over-head construction 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 their 
designated representative.

DATES: This rule is effective with actual notice from 12:01 a.m. on 
November 1, 2012 through November 28, 2012. This rule is effective in 
the Federal Register from November 28, 2012 until 11:59 p.m. on July 
31, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0945. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Ensign William Hawn, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442 or email 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 publishing an NPRM would be impracticable. 
The Coast Guard received notification of the load transfer operations 
on September 25, 2012 and the event would occur before the rulemaking 
process would be completed. Because of the dangers posed by over-head 
construction of the Bay Bridge, the safety zone is necessary to provide 
for the safety of mariners transiting the area.
    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. For the reasons stated above, 
delaying the effective date would be impracticable.

B. Basis and Purpose

    The legal basis for the proposed temporary rule is the Ports and 
Waterways Safety Act which authorizes the Coast Guard to establish 
safety zones (33 U.S.C. 1221 et seq.).
    CALTRANS will sponsor the Bay Bridge Construction Safety Zone on 
November 1, 2012 through July 31, 2013, in the navigable waters of the 
San Francisco Bay near Yerba Buena Island, CA. Construction is 
scheduled to take place from 12:01 a.m. on November 1, 2012 until 11:59 
p.m. on July 31, 2013. Upon commencement of the over-head construction 
for the Self-Anchored Suspension Span, the safety zone will encompass 
the navigable waters of the San Francisco Bay within a box connected by 
the following points: 37[deg]49'06'' N, 122[deg]21'17'' W; 
37[deg]49'01'' N, 122[deg]21'12'' W; 37[deg]48'48'' N, 122[deg]21'35'' 
W; 37[deg]48'53'' N, 122[deg]21'40'' W (NAD 83). The construction is 
necessary to facilitate the completion of the Bay Bridge project. The 
Bay Bridge is constructed using a self-anchoring suspension system that 
requires frequent installation and removal of false work on and around 
the bridge. A safety zone is needed to establish a temporary limited 
access area on the waters surrounding the load transfer operation. A 
safety zone is necessary to protect mariners transiting the area from 
the dangers associated with the construction of the Bay Bridge Self-
Anchoring Suspension Span.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone in navigable waters 
around and under the Bay Bridge within a box connected by the following 
points: 37[deg]49'06'' N, 122[deg]21'17'' W; 37[deg]49'01'' N, 
122[deg]21'12'' W; 37[deg]48'48'' N, 122[deg]21'35'' W; 37[deg]48'53'' 
N, 122[deg]21'40'' W (NAD 83) during construction operations. 
Construction on the Self-Anchoring Suspension Span is scheduled to take 
place from 12:01 a.m. on November 1, 2012 until 11:59 p.m. on July 31, 
2013. At the conclusion of the construction operations the safety zone 
shall terminate. The Captain of the Port San Francisco (COTP) will 
notify the maritime community of periods during which this zone will be 
enforced via Broadcast Notice to Mariners in accordance with 33 CFR 
165.7.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the construction operations. Except for 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the restricted area.

D. 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 and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of

[[Page 70892]]

potential costs and benefits under section 6(a)(3) of that Executive 
Order 12866 or under section 1 of Executive Order 13563. The Office of 
Management and Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule does not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone is 
limited in duration, and is limited to a narrowly tailored geographic 
area. In addition, although this rule restricts access to the waters 
encompassed by the safety zone, the effect of this rule will not be 
significant because the local waterway users will be notified via 
public Broadcast Notice to Mariners to ensure the safety zone will 
result in minimum impact. The entities most likely to be affected are 
waterfront facilities, commercial vessels, and pleasure craft engaged 
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of 
which may be small entities: O wners and operators of waterfront 
facilities, commercial vessels, and pleasure craft engaged in 
recreational activities and sightseeing, if these facilities or vessels 
are in the vicinity of the safety zone at times when this zone is being 
enforced. This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) 
This rule will encompass only a small portion of the waterway for a 
limited period of time, (ii) vessel traffic can transit safely around 
the safety zone, and (iii) the maritime public will be advised in 
advance of this safety zone via Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 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 of limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant

[[Page 70893]]

Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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.T11-534 to read as follows:


Sec.  165.T11-534  Safety zone; Bay Bridge Construction, San Francisco 
Bay, San Francisco, CA.

    (a) Location. This temporary safety zone is established in the 
navigable waters of the San Francisco Bay near Yerba Buena Island, 
California as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18650. The safety zone will encompass the 
navigable waters of the San Francisco Bay within a box connected by the 
following points: 37[deg]49'06'' N, 122[deg]21'17'' W; 37[deg]49'01'' 
N, 122[deg]21'12'' W; 37[deg]48'48'' N, 122[deg]21'35'' W; 
37[deg]48'53'' N, 122[deg]21'40'' W (NAD 83).
    (b) Enforcement Period. The zone described in paragraph (a) of this 
section will be in effect from 12:01 a.m. on November 1, 2012 until 
11:59 p.m. on July 31, 2013. The Captain of the Port San Francisco 
(COTP) will notify the maritime community of periods during which this 
zone will be enforced via Broadcast Notice to Mariners in accordance 
with 33 CFR 165.7.
    (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 on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, Subpart C, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated 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 a 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.

    Dated: November 2, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Acting, Captain of the Port San Francisco.
[FR Doc. 2012-28792 Filed 11-27-12; 8:45 am]
BILLING CODE 9110-04-P