[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
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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]
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