[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Rules and Regulations]
[Pages 61238-61240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24292]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0862]
RIN 1625-AA00


Safety Zone: Suisun Bay Electromagnetic Scan and Ordnance 
Recovery, Suisun Bay, Concord, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of Suisun Bay in support of the Military Ocean 
Terminal Concord (MOTCO) electromagnetic scan and ordnance recovery 
operations. These safety zones are established to ensure the safety of 
the ordnance identification and recovery teams and mariners transiting 
the area. Unauthorized persons or vessels are prohibited from entering 
into, transiting through, or remaining in the safety zones without 
permission of the Captain of the Port or their designated 
representative.

DATES: This rule is effective without actual notice from October 10, 
2014 until October 31, 2014. For the purposes of enforcement, actual 
notice will be used from September 29, 2014, through October 31, 2014. 
This rule will be enforced from 7 a.m. to 6 p.m. on the dates mentioned 
above.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0862. 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 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 Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
DoD Department of Defense
FR Federal Register
MMRP Military Munitions Response Program
MOTCO Military Ocean Terminal Concord
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. MOTCO notified the Coast Guard on 
September 4, 2014 that they intend to conduct an intrusive 
electromagnetic scan and ordnance recovery operation in selected areas 
of Suisun Bay with a high probability of containing ordnance items, and 
the operation would occur before the rulemaking process would be 
completed. It would be impracticable to collect and respond to comments 
before the recovery operations begin. The safety zone is necessary to 
ensure the safety of the teams conducting ordnance scanning and 
recovery operations as well as provide for the safety of 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 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;

[[Page 61239]]

Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish safety zones.
    MOTCO is conducting Electromagnetic Scan and Ordnance Recovery 
operations from September 29, 2014 through October 31, 2014 in the 
navigable waters of the Suisun Bay, CA as depicted in National Oceanic 
and Atmospheric Administration (NOAA) Chart 18656. The Military 
Munitions Response Program (MMRP) addresses the safety and 
environmental hazards presented by munitions and explosives. MOTCO 
recently completed an underwater geophysical survey of Suisun Bay 
whereby they identified 55 locations throughout Suisun Bay with 
ferrous-based objects that may contain ordnance deposited as a result 
of the Port Chicago explosion on July 17, 1944. They completed 33 of 
the locations in 2013 and are now finishing the last 22.
    These safety zones are necessary to ensure the safety of teams 
conducting electromagnetic scans and ordnance recovery operations and 
to ensure the safety of mariners transiting the area. These safety 
zones will be enforced from September 29, 2014 to October 31, 2014 
between the hours of 7 a.m. and 6 p.m. The safety zones shall terminate 
at the conclusion of the electromagnetic scan and ordnance recovery 
operations.

C. Discussion of the Final Rule

    The Coast Guard will enforce a 500 foot moving safety zone around a 
2-barge configuration, flying a red flag, and traveling throughout 
Suisun Bay conducting electromagnetic scan and ordnance recovery 
operations from September 29, 2014 to October 31, 2014 between the 
hours of 7 a.m. and 6 p.m. To minimize impacts to commerce, the 
ordnance disposal team will cease operations to accommodate commercial 
vessels requiring transit through the navigation channel in vicinity to 
the project location. Commercial vessels will be informed via broadcast 
and local notice to mariners to coordinate passing arrangements with 
the ordnance disposal team prior to transiting the project area.
    A temporary safety zone will be established for emergency ordnance 
detonation between Roe Island and Ryer Island at the following 
location: 38[deg]04'24'' N, 122[deg]01'14'' W (NAD 83) for use only in 
the event that unstable ordnance items are recovered that require 
immediate detonation on site. Until such a time is needed, vessel 
traffic is free to move through the area. A broadcast will be released 
when the zone will be enforced, giving vessel traffic enough time to 
leave the area. At the conclusion of the electromagnetic scan and 
ordnance recovery the safety zones shall terminate.
    The effect of the temporary safety zones will be to restrict 
navigation in the vicinity of the electromagnetic scan and ordnance 
recovery 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 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 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 will 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.
    This rule may affect owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. The safety zones will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The safety zones will be activated, and thus 
subject to enforcement, for a limited duration. When the safety zones 
are activated, vessel traffic could pass safely around the safety 
zones. The maritime public will be advised in advance of the safety 
zones 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 will not call for a 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

[[Page 61240]]

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 concluded 
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. 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.T11-666 to read as follows:


Sec.  165.T11-666  Safety zone; Suisun Bay Electromagnetic Scan and 
Ordnance Recovery, Suisun Bay, Concord, CA.

    (a) Location. A temporary 500 foot moving safety zone will be 
established around a 2-barge configuration, flying a red flag, and 
traveling throughout Suisun Bay conducting electromagnetic scan and 
ordnance recovery operations as depicted in National Oceanic and 
Atmospheric Administration (NOAA) Chart 18656. Prior to vessels 
traveling through the navigational channel, notice will be given to the 
barges so that they have ample time to move out of the way and not 
impede traffic. An additional temporary safety zone will be established 
for emergency ordnance detonation between Roe Island and Ryer Island at 
the following location: 38[deg]04'24'' N, 122[deg]01'14'' W (NAD 83) 
for use only in the event that unstable ordnance items are recovered 
that require immediate detonation on site. Until such a time is needed, 
vessel traffic is free to move through the area. A broadcast will be 
released when the zone will be enforced, giving vessel traffic enough 
time to leave the area.
    (b) Enforcement period. The zones described in paragraph (a) of 
this section will be in effect from September 29, 2014 through October 
31, 2014 between the hours of 7 a.m. until 6 p.m. 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 pursuant to a Memorandum of Understanding with that agency, to 
assist in the enforcement of the safety zones.
    (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: September 25, 2014.
Michael H. Day,
Captain, U.S. Coast Guard, Captain of the Port San Francisco, Acting.
[FR Doc. 2014-24292 Filed 10-9-14; 8:45 am]
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