[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20774-20776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07223]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0114]
RIN 1625-AA87


Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the established security zone 
extending 50 yards into the navigable waters of the Oakland Estuary, 
Alameda, California, surrounding the Coast Guard Island Pier. This 
security zone change will now include the entire perimeter of Coast 
Guard Island and 50 yards on either side of the Coast Guard Island 
causeway (Dennison Street Bridge). This action is necessary to provide 
for the continued security of the military service members on board 
vessels moored at the pier, as well as all military members and 
government property on Coast Guard Island. This security zone will 
prohibit all persons and vessels from entering, transiting through, or 
anchoring within a portion of the Oakland Estuary surrounding Coast 
Guard Island, and prohibit all persons and vessels from loitering 
within 50 yards of the Coast Guard Island causeway, unless authorized 
by the Captain of the Port (COTP) or his designated representative.

DATES: This rule is effective April 7, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0114 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 on this rule, 
call or email LT William Harris, Sector San Francisco Waterways 
Management Division, 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

    The Captain of the Port (COTP) San Francisco identified a need to 
amend the existing security zone to address the security concerns to 
the military base on Coast Guard Island and the Coast Guard Island 
causeway. Over the past three years, Coast Guard Island has had over 20 
security incidents. Additionally, the Coast Guard no longer uses the 
Security barrier around the pier and this rulemaking accounts for that 
change. In response, on February 15, 2023, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled ``Security Zone; San 
Francisco Bay, Oakland Estuary, Alameda, CA'' (88 FR 10063). There we 
stated why we issued

[[Page 20775]]

the NPRM and invited comments on our proposed regulatory action related 
to this security zone. During the comment period that ended March 20, 
2023, we received 3 comments.
    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 immediate action 
is needed to respond to the potential security hazards associated with 
security incidents on Coast Guard Island.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70051 and 70124. The Captain of the Port Sector San Francisco (COTP) 
has determined that potential hazards associated with future security 
incidents necessitate changes to the existing regulation.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 3 comments on our NPRM published 
February 15, 2023. The first comment requested a chart graphic be added 
to the docket representing the area encompassed by the proposed 
expanded security zone, which we addressed by publishing the chart 
graphic to the docket on February 27, 2023. The second comment received 
was not within the scope of the regulation. The final comment was in 
support of the proposed expanded security zone. There is one change in 
the regulatory text of this rule from the proposed rule in the NPRM. 
The Coast Guard added a sentence to paragraph (b)(2) clarifying that 
vessels must make direct passage through the security zone for the 
Coast Guard Island Causeway in addition to not loitering. This addition 
clarifies that vessels and persons may enter the Coast Guard Island 
Causeway security zone if they are making direct passage through the 
area.
    This rule amends the established security zone at Coast Guard 
Island, 33 CFR 165.1190, to cover all navigable waters of the Oakland 
Estuary beginning at 37[deg]46'42.5'' N, 122[deg]14'51.4'' W; thence to 
37[deg]46'46.6'' N, 122[deg]14'59.7'' W; thence to 37[deg]46'51.8'' N, 
122[deg]15'7.4'' W; thence to 37[deg]46'56.3'' N, 122[deg]15'12.1'' W; 
thence to 37[deg]47'2.2'' N, 122[deg]15'16.4'' W; thence to 
37[deg]47'8'' N, 122[deg]15'16.6'' W; thence to 37[deg]47'10'' N, 
122[deg]15'12.8'' W; thence to 37[deg]47'10.1'' N, 122[deg]15'5.7'' W; 
thence to 37[deg]47'7.8'' N, 122[deg]15'0.1'' W; thence to 
37[deg]47'5.2'' N, 122[deg]14'53.7'' W; thence to 37[deg]47'2.1'' N, 
122[deg]14'49.5'' W; thence to 37[deg]46'58.9'' N, 122[deg]14'46.2'' W; 
thence to 37[deg]46'57.1'' N, 122[deg]14'44.6'' W; thence to 
37[deg]46'52.9'' N, 122[deg]14'42.6'' W; thence to 37[deg]46'50.2'' N, 
122[deg]14'42.9'' W; thence to 37[deg]46'47.9'' N, 122[deg]14'43.6'' W; 
thence to 37[deg]46'42.3'' N, 122[deg]14'44.1'' W; thence to the 
beginning, and all navigable waters of the Oakland Estuary 50 yards on 
either side of a line beginning at 37[deg]46'48.1'' N, 
122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N, 122[deg]14'41.5'' W; 
thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W.
    No vessel or person will be permitted to enter the security zone 
surrounding Coast Guard Island, and no vessel or person will be 
permitted to loiter in the zone surrounding the causeway bridge, unless 
authorized by the COTP. Vessel operators and persons will be able to 
transit the waters surrounding the causeway bridge without COTP 
permission, but they will not be allowed to loiter in those waters 
without the COTP permission.

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 size and 
location of the security zone. The effect of this rule will not be 
significant because vessel traffic will still be permitted to transit 
around Coast Guard Island, 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 (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 
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

[[Page 20776]]

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 covering all navigable waters of the Oakland Estuary, 
which will exclude vessels from entering the regulated area unless 
authorized by the COTP. It is categorically excluded from further 
review under paragraph L60a 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Revise Sec.  165.1190 to read as follows:


Sec.  165.1190  Security Zone; San Francisco Bay, Oakland Estuary, 
Alameda, CA.

    (a) Locations. The following areas are security zones:
    (1) Coast Guard Island. All waters of the Oakland Estuary, from 
surface to bottom, encompassed by a line connecting the following 
points beginning at 37[deg]46'42.5'' N, 122[deg]14'51.4'' W; thence to 
37[deg]46'46.6'' N, 122[deg]14'59.7'' W; thence to 37[deg]46'51.8'' N, 
122[deg]15'7.4'' W; thence to 37[deg]46'56.3'' N, 122[deg]15'12.1'' W; 
thence to 37[deg]47'2.2'' N, 122[deg]15'16.4'' W; thence to 
37[deg]47'8'' N, 122[deg]15'16.6'' W; thence to 37[deg]47'10'' N, 
122[deg]15'12.8'' W; thence to 37[deg]47'10.1'' N, 122[deg]15'5.7'' W; 
thence to 37[deg]47'7.8'' N, 122[deg]15'0.1'' W; thence to 
37[deg]47'5.2'' N, 122[deg]14'53.7'' W; thence to 37[deg]47'2.1'' N, 
122[deg]14'49.5'' W; thence to 37[deg]46'58.9'' N, 122[deg]14'46.2'' W; 
thence to 37[deg]46'57.1'' N, 122[deg]14'44.6'' W; thence to 
37[deg]46'52.9'' N, 122[deg]14'42.6'' W; thence to 37[deg]46'50.2'' N, 
122[deg]14'42.9'' W; thence to 37[deg]46'47.9'' N, 122[deg]14'43.6'' W; 
thence to 37[deg]46'42.3'' N, 122[deg]14'44.1'' W; and back to the 
beginning point. These coordinates are based on North American Datum 
(NAD) 83.
    (2) Coast Guard Island Causeway. All waters of the Oakland Estuary, 
from surface to bottom, 50 yards on either side of a line beginning at 
37[deg]46'48.1'' N, 122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N, 
122[deg]14'41.5'' W; thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W. 
These coordinates are based on NAD 83.
    (b) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a)(1) of this section unless authorized by the Captain of 
the Port (COTP). The security zone described in paragraph (a)(1) of 
this section is closed to all vessel traffic, except as may be 
permitted by the COTP. To seek permission to enter the security zone in 
paragraph (a)(1) of this section, 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.
    (2) Under the general security zone regulations in subpart D of 
this part, you may not loiter in the security zone described in 
paragraph (a)(2) of this section unless authorized by the COTP. Vessels 
must make a direct passage through the security zone described in 
paragraph (a)(2) of this section.
    (c) Enforcement. The Captain of the Port will enforce this security 
zone and may be assisted in the patrol and enforcement of this security 
zone by any Federal, State, county, municipal, or private agency.

    Dated: March 30, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2023-07223 Filed 4-6-23; 8:45 am]
BILLING CODE 9110-04-P