[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Proposed Rules]
[Pages 42665-42667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15270]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0483]
RIN 1625-AA87


Security Zone; San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a security zone in 
the navigable waters of the San Francisco Bay near Yerba Buena Island 
within the San Francisco Captain of the Port (COTP) zone. This security 
zone is necessary to provide for the security of military service 
members on board vessels moored at the pier and the government property 
associated with these valuable national assets. This proposed 
rulemaking would prohibit the entry of, transiting through, or 
anchoring within a portion of the San Francisco Bay extending from 
Yerba Buena Island unless specifically authorized by the Captain of the 
Port San Francisco. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 17, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0483 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT William Harris, Sector San 
Francisco, U.S. Coast Guard; telephone 415-399-7443, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    In October 2021, the Captain of the Port (COTP) San Francisco 
identified a need for clearer Aids to Navigation to

[[Page 42666]]

inform the boating public of restricted areas near Yerba Buena Island. 
Further discussion discovered that current regulations established a 
Restricted Area, but not a Security Zone. The COTP has determined that 
potential security concerns associated with the mooring of Coast Guard 
Cutters would necessitate a Coast Guard Security Zone.
    The purpose of this rulemaking is to ensure the security of Coast 
Guard facilities, personnel, and vessels, at all times within the 
navigable waters of the San Francisco Bay on the east side of Yerba 
Buena Island from a point along the southeastern shore of Yerba Buena 
Island at 37[deg]48'27'' N, 122[deg]21'44'' W; east to 37[deg]48'27'' 
N, 122[deg]21'35'' W; north to 37[deg]48'49'' N, 122[deg]21'35'' W, a 
point on the northeastern side of Yerba Buena Island. The Coast Guard 
is proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a security zone which would 
cover all navigable waters of the San Francisco Bay on the east side of 
Yerba Buena Island from a point along the southeastern shore of Yerba 
Buena Island at 37[deg]48'27'' N, 122[deg]21'44'' W; east to 
37[deg]48'27'' N, 122[deg]21'35'' W; north to 37[deg]48'49'' N, 
122[deg]21'35'' W, a point on the northeastern side of Yerba Buena 
Island. This zone is intended to protect the personnel and facilities 
of U.S. Coast Guard units and assets located on and within the waters 
of Yerba Buena Island. No vessel or person would be permitted to enter 
the security zone unless authorized by the COTP. The regulatory text we 
are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and 
location of the security zone. The effect of this proposed rule will 
not be significant because vessel traffic can pass safely around the 
area, and this proposed rule will encompass only a small portion of the 
waterway.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a security 
zone that would prohibit entry within navigable waters of the San 
Francisco Bay on the east side of Yerba Buena Island from a point along 
the southeastern shore of Yerba Buena Island at 37[deg]48'27'' N, 
122[deg]21'44'' W; east to 37[deg]48'27'' N, 122[deg]21'35'' W; north 
to 37[deg]48'49'' N, 122[deg]21'35'' W, a point on the northeastern 
side of Yerba Buena Island. Normally such actions are

[[Page 42667]]

categorically excluded from further review under paragraph L[60a] of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0483 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.1189 to read as follows:


Sec.  165.1189  Security Zone; San Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a security zone: all navigable 
waters of the San Francisco Bay on the east side of Yerba Buena Island 
from a point along the southeastern shore of Yerba Buena Island at 
37[deg]48'27'' N, 122[deg]21'44'' W; east to 37[deg]48'27'' N, 
122[deg]21'35'' W; north to 37[deg]48'49'' N, 122[deg]21'35'' W, a 
point on the northeastern side of Yerba Buena Island. These coordinates 
are based on North American Datum (NAD) 83.
    (b) Regulations. (1) In accordance with the general security zone 
regulations in subpart D of this part, entry into the area of the 
security zone described in paragraph (a) of this section is prohibited 
unless authorized by the Captain of the Port (COTP) San Francisco.
    (2) The security zone is closed to all vessel traffic, except as 
may be permitted by the COTP.
    (3) To seek permission to enter, contact the COTP by VHF Marine 
Radio channel 16 or through the 24-hour Command Center at telephone 
(415) 399-3547. Those in the security zone must comply with all lawful 
orders or directions given to them by the COTP.
    (c) Enforcement. The Captain of the Port will enforce the security 
zone described in paragraph (a) of this section and may be assisted in 
the patrol and enforcement of the security zone by any Federal, State, 
county, municipal, or private agency.

    Dated: July 12, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-15270 Filed 7-15-22; 8:45 am]
BILLING CODE 9110-04-P