[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Rules and Regulations]
[Pages 60334-60337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24380]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0859]
RIN 1625-AA00


Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, 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 on the 
navigable waters of San Francisco Bay offshore of San Francisco, CA in 
support of the Coast Guard PSU-312

[[Page 60335]]

training exercise. This safety zone is necessary to protect personnel, 
vessels, and the marine environment from potential hazards created by 
the Coast Guard PSU-312 on-water training and associated operations. 
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 San Francisco or a designated 
representative.

DATES: This rule is effective from 9:00 a.m. on November 15, 2019 until 
10:00 p.m. on November 16, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0859 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Emily K. Rowan, Waterways Management, U.S. Coast 
Guard; telephone (415) 399-7443, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 with 
respect to this rule because it is impracticable. The Coast Guard 
received the final details of the training on October 8, 2019. It is 
impracticable to go through the entire notice and comment rulemaking 
process because the Coast Guard must establish this temporary safety 
zone by November 15, 2019 and lacks sufficient time to provide a 
reasonable comment period and consider those comments before issuing 
the 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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters around the potentially hazardous on-water training and 
associated operations involving vessels firing blank rounds.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San 
Francisco has determined that potential hazards associated with the 
Coast Guard PSU-312 training operations scheduled to occur on November 
15, 2019 and November 16, 2019 will be a safety concern for anyone 
within the designated exercise area. The on-water training will involve 
vessels firing blank rounds. For this reason, this temporary safety 
zone is needed to protect personnel, vessels, and the marine 
environment in the navigable waters surrounding the potentially 
hazardous activity.

IV. Discussion of the Rule

    This rule establishes a safety zone around the Coast Guard PSU-312 
training operations offshore of Pier 96 in San Francisco Bay, San 
Francisco, CA on November 15, 2019 from 9:00 a.m. until 10:00 p.m., and 
on November 16, 2019 from 9:00 a.m. until 10:00 p.m. The safety zone 
will encompass the navigable waters of San Francisco Bay, from surface 
to bottom, within the area formed by connecting the following latitude 
and longitude points in the following order: 37[deg]44.72' N 
122[deg]22.35' W, thence to 37[deg]44.89' N 122[deg]22.12' W, thence to 
37[deg]44.48' N 122[deg]21.73' W, thence to 37[deg]44.30' N 
122[deg]22.05' W, thence to 37[deg]44.41' N 122[deg]22.06' W (NAD 83), 
and thence to the point of beginning; or as announced via Broadcast 
Notice to Mariners.
    This regulation is needed to keep persons and vessels away from the 
immediate vicinity of the training operations to ensure the safety of 
personnel, vessels, and the marine environment. Except for persons or 
vessels authorized by the COTP or the COTP's designated representative, 
no person or vessel may enter or remain in the restricted area. A 
``designated representative'' means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel or a Federal, State, or local officer 
designated by or assisting the COTP in the enforcement of the safety 
zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the water encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified to ensure the safety zone 
will result in minimum impact. The vessels desiring to transit through 
or around the temporary safety zone may do so upon express permission 
from the COTP or the COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A. above, this rule will not have a significant economic 
impact on any vessel owner or operator.

[[Page 60336]]

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy, 
COMDTINST 5090.1 (series), which guide the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (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 that 
will prohibit entry to the area surrounding the potentially hazardous 
Coast Guard training operations. It is categorically excluded from 
further review under paragraph L60(a) in Table 3-1 of Department of 
Homeland Security Directive 023-01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. 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.

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: 46 U.S.C 70034, 70051; 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.T11-006 to read as follows:


Sec.  165.T11-006  Safety Zone; Coast Guard PSU-312 Training Exercise 
South Bay, San Francisco Bay, San Francisco, CA.

    (a) Location. The following is a safety zone: The safety zone will 
encompass the navigable waters of San Francisco Bay, from surface to 
bottom, within the area formed by connecting the following latitude and 
longitude points in the following order: 37[deg]44.72' N 122[deg]22.35' 
W, thence to 37[deg]44.89' N 122[deg]22.12' W, thence to 37[deg]44.48' 
N 122[deg]21.73' W, thence to 37[deg]44.30' N 122[deg]22.05' W, thence 
to 37[deg]44.41' N 122[deg]22.06' W (NAD 83), and thence to the point 
of beginning; or as announced via Broadcast Notice to Mariners.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel or a Federal, State, or local officer designated by or 
assisting the Captain of the Port San Francisco (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart B of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's 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.
    (d) Enforcement period. This section will be enforced on November 
15, 2019 from 9:00 a.m. until 10:00 p.m., and on November 16, 2019 from 
9:00 a.m. until 10:00 p.m.
    (e) Information broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which this zone will be enforced in accordance with Sec.  165.7.


[[Page 60337]]


    Dated: November 1, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-24380 Filed 11-7-19; 8:45 am]
 BILLING CODE 9110-04-P