[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54171-54173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21290]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0654]
RIN 1625-AA00


Safety Zone; SFOBB Demolition Safety Zone, 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 San Francisco-Oakland Bay Bridge (SFOBB) Demolition 
Safety Zone from September 1, 2013 through December 30, 2014. This 
safety zone is established to protect mariners transiting the area from 
the dangers associated with over-head demolition and debris removal 
operations of the SFOBB. 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 September 1, 2013 through December 30, 
2014. This rule will be enforced from 6 a.m. until 7 p.m. daily on the 
dates mentioned above.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0654. 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 rule, 
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442 or email at [email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CALTRANS California Department of Transportation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SFOBB San Francisco-Oakland Bay Bridge

A. Regulatory History and 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 publishing an NPRM would be contrary to 
the public interest. CALTRANS submitted a request for a safety zone on 
July 10, 2013 and the demolition project will begin before the 
rulemaking process would be completed. Because of the dangers posed by 
over-head demolition and debris removal operations of the SFOBB, the 
safety zone is necessary to provide for the safety of mariners 
transiting the area. For the safety concerns noted, it is in the public 
interest to have this safety zone in effect during the event.
    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 contrary to the public interest.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 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, 160.5; Public Law 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish safety zones.
    CALTRANS will sponsor the SFOBB Demolition Safety Zone from 
September 1, 2013 through December 30, 2014, in the navigable waters of 
the San Francisco Bay near Yerba Buena Island, CA. Demolition and 
debris removal operations are scheduled to take place from 6 a.m. to 7 
p.m. daily beginning on September 1, 2013 and ending on December 30, 
2014. The safety zone will encompass the navigable waters of the San 
Francisco Bay within 100 yards of the SFOBB from Yerba Buena Island to 
the ``I'' Pier, also known as ``E4'' Pier. The demolition project is 
necessary to facilitate the completion of the Bay Bridge project. The 
safety zone is issued to establish a temporary limited access area on 
the waters surrounding the demolition operation. The safety zone is 
necessary to protect mariners transiting the area from the dangers 
associated with over-head debris removal.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters 
around and under the SFOBB within 100 yards of the bridge beginning at 
Yerba Buena Island and ending at the ``I'' Pier for the demolition and 
debris removal of the Yerba Buena Island Detour and the Cantilever 
Truss segment of the SFOBB. Demolition and debris removal is scheduled 
to take place from 6 a.m. to 7 p.m. daily beginning on September 1, 
2013 and ending on December 30, 2014. At the conclusion of the 
demolition operations the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the demolition and debris removal 
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. This safety zone is needed to protect public safety by 
keeping mariners and vessels away from the immediate vicinity of the 
construction operation. The maritime public will be advised in advance 
of this safety zone via Broadcast Notice to Mariners.

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 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

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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: owners 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 (Pub. L. 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 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

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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. 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 temporary Sec.  165-T11-589 to read as follows:


Sec.  165-T11-589  Safety zone; SFOBB Demolition Safety Zone, 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 around the SFOBB within 100 yards beginning at Yerba 
Buena Island and ending at the ``I'' Pier.
    (b) Enforcement Period. The zone described in paragraph (a) of this 
section will be in effect from 6 a.m. to 7 p.m. daily from September 1, 
2013 until December 30, 2014. 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: August 15, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-21290 Filed 8-30-13; 8:45 am]
BILLING CODE 9110-04-P