[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Rules and Regulations]
[Pages 2487-2489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00694]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0070]
RIN 1625-AA00


Safety Zone; Little Potato Slough, Stockton, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 100-yard radius of the vessels and machinery 
conducting operations at the site of the tug MAZAPETA in Little Potato 
Slough near Stockton, CA. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by salvage and pollution removal operations. Entry of vessels 
or persons into this zone is prohibited unless specifically authorized 
by the Captain of the Port, Sector San Francisco.

DATES: This rule is effective without actual notice from January 16, 
2024 through January 17, 2024. For the purposes of enforcement, actual 
notice will be used from 5 a.m. on January 10, 2024, until January 16, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0070 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 rule, 
call or email LT William Harris, U.S. Coast Guard Sector San Francisco, 
Waterways Management Division; 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 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 the vessel MAZAPETA is partially 
submerged within Little Potato Slough and the Coast Guard must oversee 
salvage and pollution removal operations and did not receive final 
details of the plan until January 8, 2024. It is impracticable to 
publish an NPRM because we must establish this safety zone by January 
10, 2024.
    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 impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the salvage and 
pollution removal operations to begin on January 10, 2024.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port (COTP) San Francisco has determined that 
potential hazards associated with the salvage and pollution removal 
operations of the vessel MAZAPETA beginning January 10, 2024, will be a 
safety concern for anyone within a 100-yard radius of the barges and 
vessels in Little Potato Slough. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone during salvage and pollution removal operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5 a.m. on January 10, 
2024, until 11 p.m. on January 17, 2024. The safety zone will cover all 
navigable waters within 100 yards of vessels and machinery being used 
in the salvage and pollution removal operations of the tug MAZAPETA. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters while the vessel is 
being raised and pollution is being removed. No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking.

[[Page 2488]]

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on size, location, 
and duration of the safety zone. The amount of vessel traffic through 
Little Potato Slough during the duration of the zone is not anticipated 
to interfere with salvage and pollution removal operations. The Coast 
Guard will issue a Broadcast Notice to Mariners about the safety zone 
to inform the public.

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 
safety 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 
safety zone that will prohibit entry within 100 yards of vessels and 
barges being used in the salvage and pollution removal operations of 
the vessel MAZAPETA. 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, 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. Add Sec.  165.T11-154 to read as follows:


Sec.  165.T11-150  Safety Zone; Little Potato Slough, Stockton, CA.

    (a) Location. The following area is a safety zone: All waters of 
Little Potato Slough, from surface to bottom, within 100 yards of the 
vessels involved in the salvage and pollution removal operations of the 
vessel MAZAPETA at coordinates 38[deg]3'29'' N, 121[deg]30'3'' W.
    (b) Definitions. As used in the section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty

[[Page 2489]]

officer, or other officer operating a Coast Guard vessel, or a Federal, 
State, or local officer designated by or assisting the Captain of the 
Port (COTP) San Francisco in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
in the safety zone must comply with all lawful orders or directions 
given to them by the COTP or the COTP's designated representative. 
Persons and vessels may request to enter the safety zone through the 
24-hour Command Center at telephone (415) 399-3547.
    (d) Enforcement period. This section will be enforced from 5 a.m. 
on January 10, 2024, through 11 p.m. on January 17, 2024.

    Dated: January 9, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2024-00694 Filed 1-12-24; 8:45 am]
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