[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38623-38625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16621]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0422]
RIN 1625-AA00


Safety Zone: Underwater Vessel Testing, 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 San Francisco Bay in San Francisco, CA near Hunters 
Point, in support of the Underwater Vessel Testing. This safety zone is 
established to ensure the safety of the testing participants and 
mariners transiting the area. 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 without actual notice from July 7, 2015 
until October 31, 2015. For purposes of enforcement, actual notice will 
be used from July 1, 2015 until July 7, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0422. 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 Marcia Medina, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-7443 or email at [email protected]. If you have questions on viewing the docket, 
call Program Manager, Docket Operations, telephone (202)366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

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.'' The Coast Guard received the information about the event on 
May 11, 2015, and the event would occur before the rulemaking process 
would be completed. Due to the short timeframe for issuing this safety 
zone, we find that it is impracticable to solicit comments for this 
temporary final rule.
    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 similar reasons listed above. 
Due to the time constraints noted, it is impracticable to give 30 days 
notice before the effective date of this rule.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C. 
191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to establish safety zones.
    The Office of the Secretary of Defense will host Underwater Vessel 
Testing periodically between July 1 through October 31, 2015 in the 
navigable waters of San Francisco Bay in San Francisco, CA near 
Hunter's Point. The safety zone is needed to establish a temporary 
restricted area on the waters surrounding the testing. A restricted 
area is necessary to ensure the safety of mariners transiting the area.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters 
around the testing. The Underwater Vessel Testing Safety Zone 
establishes a temporary restricted area on the water within an area 
connecting the following points: 37[deg]43'30'' N., 122[deg]21'6'' W.; 
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N., 
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W.; thence back 
to the point of origin (NAD 83). Periods of enforcement will be 
requested by the Office of the Secretary of Defense with one week 
notice and approved by the COTP. This safety zone will be enforced for 
a duration of 6 to up to 72 hours as announced via Broadcast Notice to 
Mariners periodically between July 1 through October 31, 2015. At the 
conclusion of the testing evolution the safety zone shall terminate for 
each evolution.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the testing. 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 vessels away from the vicinity of the testing to 
ensure the safety of mariners 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

[[Page 38624]]

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. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zone is activated, vessel traffic could pass safely around the safety 
zone. 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 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.

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

[[Page 38625]]

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, 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T11-681 to read as follows:


Sec.  165.T11-681  Safety zone; Underwater Vessel Testing, San 
Francisco Bay, San Francisco, CA.

    (a) Location. This temporary safety zone will encompass the 
navigable waters of the South San Francisco Bay within an area 
connecting the following points: 37[deg]43'30'' N., 122[deg]21'6'' W.; 
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N., 
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W. (NAD 83); 
thence back to the point of origin (NAD 83), as depicted in National 
Oceanic and Atmospheric Administration (NOAA) Chart 18651.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced for a duration of 6 to up to 72 hours, as 
announced via Broadcast Notice to Mariners, periodically between on 
July 1 through October 31, 2015. 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 Sec.  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 subpart C of 
this part, 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: May 18, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-16621 Filed 7-6-15; 8:45 am]
 BILLING CODE 4910-15-P