[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Pages 58997-58999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21093]


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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, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 onboard vessels moored at the pier and the government property 
associated with these valuable national assets. This regulation will 
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.

DATES: This rule is effective October 31, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0483 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
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 Information and Regulatory History

    In October 2021, the Captain of the Port (COTP) San Francisco 
identified a need for clearer Aids to Navigation to 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 necessitate 
a Coast Guard Security Zone.
    In response, on July 18, 2022 the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Security Zone; San Francisco Bay, 
San Francisco, CA'' (87 FR 42665). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this fireworks display. During the comment period that ended August 17, 
2022, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The purpose of this rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
18, 2022. There are no changes in the regulatory text of this rule from 
the regulatory text in the NPRM.
    This rule establishes a security zone 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. No vessel or 
person will be permitted to enter the security zone unless authorized 
by the COTP.

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

[[Page 58998]]

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 size and 
location of the security zone. The effect of this rule will not be 
significant because vessel traffic can pass safely around the area, and 
this 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
security 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.
    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 
call or email 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 
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. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A 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.

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.

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. 
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.

[[Page 58999]]

    (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 this security zone by any Federal, State, 
county, municipal, or private agency.

    Dated: September 23, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-21093 Filed 9-28-22; 8:45 am]
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