[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Rules and Regulations]
[Pages 67353-67355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26754]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0950]
RIN 1625-AA00


Safety Zone: Carquinez Strait Cable Repair Operation, Martinez, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Carquinez Strait near Martinez, CA in support of a 
cable repair operation. This temporary safety zone is established to 
ensure the safety of the mariners and vessels from the dangers 
associated with the cable repairs being done in Carquinez Strait. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without the 
permission of the Captain of the Port or a designated representative.

DATES: This rule is effective without actual notice from November 13, 
2014 until 8:00 p.m. on December 5, 2014. For the purposes of 
enforcement, actual notice will be used from 6 a.m. on November 4, 
2014, until November 13, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0950. 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 Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
PATCOM U.S. Coast Guard Patrol Commander

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 it 
would be impracticable to publish a notice of proposed rulemaking 
(NPRM) with respect to this rule because immediate action is necessary 
to protect the public from the dangers associated with the cable repair 
operation. The cable repairs in the Carquinez Strait are the result of 
a previous emergency anchorage and are an unforeseeable event that 
poses an immediate danger to mariners.
    For the same reasons, 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. Providing 30 days 
notice and delaying its effective date would be impracticable

[[Page 67354]]

because immediate action is needed to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
the cable repair operation in Carquinez Strait in Martinez, CA.

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.
    On October 10, 2014, Coast Guard Sector San Francisco received 
notification that the Manson 71 Barge would be conducting cable repairs 
following an anchoring incident in Carquinez Strait. The cable repairs 
are necessary to ensure that power is not lost to the San Francisco Bay 
area in the future due to damage done to the cable during the anchoring 
incident. The safety zone is necessary to protect people, vessels, and 
other property from the hazards associated with the cable repair 
operations in Carquinez Strait.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone in 
navigable waters of the Carquinez Strait enclosed within the following 
points: 38[deg]02'26'' N, 122[deg]07'41'' W; 38[deg]02'13'' N, 
122[deg]07'34'' W; 38[deg]02'07'' N, 122[deg]07'48'' W; and 
38[deg]02'15'' N, 122[deg]08'03'' W (NAD83) during the cable repair 
operations following an anchoring incident in Carquinez Strait. Anchors 
will be placed at each of the coordinates and the Manson 71 Barge will 
be tied off in a four-point configuration. This will allow the barge to 
remain on top of the cable and move up and down to conduct all repairs. 
This rule is effective and enforceable from 6 a.m. on November 4, 2014 
until 8 p.m. on December 5, 2014.
    Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without the 
permission of the Captain of the Port or a designated representative. 
The effect of the safety zones will be to restrict navigation in the 
vicinity of the Manson 71 Barge while the vessel is conducting a cable 
repair operation. 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 people, vessels, 
and other property safe by preventing interaction between the Manson 71 
Barge and small craft during restricted maneuvering and to ensure 
safety of life on the navigable waters.

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 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 zones 
are limited in duration, and are limited to a narrowly tailored 
geographic area. In addition, although this rule restricts access to 
the waters encompassed by the safety zones, 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 
zones 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. These safety zones would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. These safety zones would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zones are activated, vessel traffic may coordinate movements around the 
safety zones by contacting PATCOM on VHF channel 16. The maritime 
public will be advised in advance of these 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 message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 67355]]

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. 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 Sec.  165.T11-675 to read as follows:


Sec.  165.T11-675  Safety zone; Carquinez Strait Cable Repair 
Operation, Martinez, CA.

    (a) Location. This temporary safety zone is established for the 
navigable waters of Carquinez Strait near Martinez, CA as depicted in 
National Oceanic and Atmospheric Administration (NOAA) Chart 18656. The 
temporary safety zone in the navigable waters of the Carquinez Strait 
is enclosed within the following points: 38[deg]02'26'' N, 
122[deg]07'41'' W; 38[deg]02'13'' N, 122[deg]07'34'' W; 38[deg]02'07'' 
N, 122[deg]07'48'' W; and 38[deg]02'15'' N, 122[deg]08'03'' W (NAD83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 6 a.m. on November 4, 2014 until 8 p.m. 
on December 5, 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 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 zone.
    (d) Regulations. (1) Entry into, transiting or anchoring within 
these safety zones is prohibited unless authorized by the COTP or a 
designated representative.
    (2) The safety zones are 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 
zones 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 zones 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 zones on VHF-16 or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: October 28, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-26754 Filed 11-12-14; 8:45 am]
BILLING CODE 9110-04-P