[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Rules and Regulations]
[Pages 68995-68997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27580]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0914]
RIN 1625-AA00


Safety Zone: Vessel Removal From the Oakland Estuary, Alameda, 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 Oakland Estuary just north of the Park Street 
Bridge in Alameda, CA in support of the Oakland Estuary Closure for the 
Vessel Removal Project on November 4, 2013 through November 22, 2013. 
This safety zone is established to ensure the safety of workers, 
mariners, and other vessels transiting the area from the dangers 
associated with cranes operating under heavy loads in close proximity 
to both sides of the Oakland Estuary. 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 on November 4, 2013 through November 22, 
2013 and will be enforced for two 48-hour periods that will be 
announced via Broadcast Notice to Mariner.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0914. 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 Lieutenant Junior Grade Joshua Dykman, 
U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585 or 
email at [email protected]. If you have questions on viewing 
or submitting material to the docket, call 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 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(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. The Coast Guard received the 
information about the vessel removal project on 17 October, 2013, and 
the vessel removal project would occur before the rulemaking process 
would be completed. Because of the dangers posed by the cranes 
operating under heavy loads in close proximity to both

[[Page 68996]]

sides of the Oakland Estuary, the safety zone is necessary to provide 
for the safety of the workers, mariners, and other vessels transiting 
the area. For the safety concerns noted, it is in the public interest 
to have these regulations in effect during the event.

B. Basis and Purpose

    The legal basis for the temporary 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.
    The Environmental Protection Agency will sponsor the Oakland 
Estuary Closure for Vessel Removal Project on November 4, 2013 through 
November 22, 2013, in the navigable waters of the Oakland Estuary just 
north of the Park Street Bridge in Alameda, CA. Crane operations to 
remove sunken vessels are scheduled to take place on November 4, 2013 
through November 22, 2013 for two 48-hour periods. Upon commencement of 
the crane operations, the safety zone will encompass the navigable 
waters of the Oakland Estuary enclosed within the following points: 
37[deg]46'27'' N, 122[deg]14'23'' W; 37[deg]46'23'' N, 122[deg]14'18'' 
W; 37[deg]46'20'' N, 122[deg]14'21'' W; and 37[deg]46'24'' N, 
122[deg]14'28'' W (NAD83). The vessel removal project is necessary to 
remove vessels that sank in the estuary that pose a potential hazard to 
vessels in the navigable waterways. The safety zone is issued to 
establish a temporary restricted area on the waters surrounding the 
removal of the vessels. The safety zone is necessary to provide for the 
safety of workers, mariners, and other vessels transiting the area from 
the dangers associated with cranes operating under heavy loads in close 
proximity to both sides of the Oakland Estuary.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters of 
the Oakland Estuary enclosed within the following points: 
37[deg]46'27'' N, 122[deg]14'23'' W; 37[deg]46'23'' N, 122[deg]14'18'' 
W; 37[deg]46'20'' N, 122[deg]14'21'' W; and 37[deg]46'24'' N, 
122[deg]14'28'' W (NAD83) during the vessel removal project. Crane 
operations to remove sunken vessels in the Oakland Estuary scheduled 
are scheduled to take place from November 4, 2013 through November 22, 
2013 for two 48-hour periods. At the conclusion of the crane operations 
the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the vessel removal project. 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 mariners and vessels away from the 
immediate vicinity of the vessel removal operations to ensure the 
safety of workers, mariners, and other vessels transiting the 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 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 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 waterfront 
facilities, commercial vessels, and 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 the following reasons: (i) this rule will encompass only a small 
portion of the waterway for a limited period of time, and (ii) 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 determined 
that this rule 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.

[[Page 68997]]

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 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; 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.T11-606 to read as follows:


Sec.  165.T11-606  Safety Zone; Vessel Removal from the Oakland 
Estuary, Alameda, CA.

    (a) Location. This temporary safety zone is established for the 
navigable waters of the Oakland Estuary just north of the Park Street 
Bridge in Alameda, California as depicted in National Oceanic and 
Atmospheric Administration (NOAA) Chart 18650. The safety zone will be 
enclosed within the following points: 37[deg]46'27'' N, 122[deg]14'23'' 
W; 37[deg]46'23'' N, 122[deg]14'18'' W; 37[deg]46'20'' N, 
122[deg]14'21'' W; and 37[deg]46'24'' N, 122[deg]14'28'' W (NAD83).
    (b) Enforcement Period. The zone described in paragraph (a) of this 
section will be enforced on November 4, 2013 from 6 a.m. until 6 p.m. 
on November 5, 2013 and during another 48-hour period within the 
effective period of this rule that will be announced via broadcast. 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: October 28, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-27580 Filed 11-15-13; 8:45 am]
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