[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 13998-14000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05258]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2021-0118]
RIN 1625-AA08


Special Local Regulation; Bay Guardian Exercise, Treasure Island, 
San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation (SLR) in the navigable waters of the San Francisco Bay, near 
Treasure Island, San Francisco, CA in support of the Bay Guardian 2021 
exercise. This special local regulation will temporarily restrict 
vessel traffic in the vicinity of Treasure Island and prohibit vessels 
and persons not participating in the exercise from entering the 
regulated area. The purpose of the exercise it to use radioactive 
detection equipment in a mock scenario. The exercise will be 
interrupted, as necessary, to permit the passage of commercial vessel 
traffic. Exercise participants and non-participants operating within 
the SLR area shall comply with all instructions given by the on-scene 
Patrol Commander monitoring the event. This regulation is necessary to 
provide safety of life on the navigable waters during the exercise, 
which will be held on March 17, 2021.

DATES: This rule is effective from 8 a.m. to 6 p.m. on March 17, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0118 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 Lieutenant Anthony Solares, 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 (NPRM) 
with respect to this rule because it is impracticable. The Coast Guard 
did not receive final details for this event until February 22, 2021. 
The Coast Guard must establish this safety zone by March 17, 2021 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 contrary to public interest because this regulation 
is needed on March 17, 2021, less than 30 days after the Coast Guard 
received the final details of the event, in order to keep vessels away 
from the immediate vicinity of the exercise to ensure the safety of 
exercise participants, mariners, and transiting vessels.

III. Legal Authority and Need for Rule

    The legal basis for the proposed rule is 46 U.S.C. 70041 
(previously 33 U.S.C. 1233). Under 33 CFR 100.35, the Coast Guard 
District Commander has authority to promulgate certain special local 
regulations deemed necessary to ensure the safety of life on the 
navigable waters immediately before, during, and immediately after an 
approved regatta or marine parade. The Commander of Coast Guard 
District 11 has delegated to the Captain of the Port (COTP) San 
Francisco the responsibility of issuing such regulations.
    The regulation establishes a regulated area on the waters on which 
the Bay Guardian exercise will be held. The regulated area is necessary 
to ensure the safety of exercise participants and mariners transiting 
near the exercise area.

IV. Discussion of the Rule

    The Bay Guardian 2021 exercise will occur in the navigable waters 
of San Francisco Bay, near Treasure Island, CA,

[[Page 13999]]

within an area bounded by a line beginning at position 37[deg]50'48.9'' 
N, 122[deg]23 45.4'' W; thence to position 37[deg]50'51.1'' N, 
122[deg]22'14.1'' W; thence to position 37[deg]49'14.0'' N, 
122[deg]21'18.1'' W; thence to position 37[deg]49'8.4'' N, 
122[deg]21'28.7'' W; thence to position 37[deg]49'13.3'' N, 
122[deg]21'48.4'' W; thence along Treasure island shoreline to position 
37[deg]49'22.3'' N, 122[deg]21'44.4'' W, thence along Treasure island 
shoreline to position 37[deg]50'1.1'' N, 122[deg]22'12.1'' W; thence to 
position 37[deg]50'1.1'' N, 122[deg]23'46'' W; and thence to the point 
of beginning.
    This rule will be enforced before, during, and immediately after 
the event, from 8 a.m. to 6 p.m. on March 17, 2021, or as broadcasted 
via BNM.
    Except for persons or vessels authorized by the Captain of the Port 
or a designated representative, no 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 enforcement of the 
restricted area.

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. 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).
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the restricted area. 
Although this rule restricts access to the water of the encompassed 
area, the effect of this rule will not be significant because the local 
waterway users will be notified to minimize impact. The vessels 
desiring to transit through or around the temporary restricted area 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 regulated area 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.
    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 
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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning 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 
special local regulation of limited size and duration which will be in 
active use by exercise participant during the 10-hour enforcement 
period. It is categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.

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.

[[Page 14000]]

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T11-049 to read as follows:


Sec.  100.T11-049   Special Local Regulation; Bay Guardian Exercise, 
Treasure Island, San Francisco, CA.

    (a) Regulated area. The regulations in this section apply to the 
following area: The navigable waters of San Francisco Bay, near 
Treasure Island, CA, bounded by a line beginning at position 
37[deg]50'48.9'' N, 122[deg]23 45.4'' W; thence to position 
37[deg]50'51.1'' N, 122[deg]22'14.1'' W; thence to position 
37[deg]49'14.0'' N, 122[deg]21'18.1'' W; thence to position 
37[deg]49'8.4'' N, 122[deg]21'28.7'' W; thence to position 
37[deg]49'13.3'' N, 122[deg]21'48.4'' W; thence along Treasure island 
shoreline to position 37[deg]49'22.3'' N, 122[deg]21'44.4'' W, thence 
along Treasure island shoreline to position 37[deg]50'1.1'' N, 
122[deg]22'12.1'' W; thence to position 37[deg]50'1.1'' N, 
122[deg]23'46'' W; and thence to the point of beginning.
    (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 and a Federal, State, and local officer 
designated by or assisting the Captain of the Port (COTP) San Francisco 
in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participant in the exercise.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port (COTP) San Francisco or their 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling the Sector Command Center at 415-399-3547. 
Those in the regulated area must comply with all lawful orders or 
directions given to them by the COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 6 p.m. on March 17, 2021.

    Dated: March 9, 2021.
H.H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port.
[FR Doc. 2021-05258 Filed 3-11-21; 8:45 am]
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