Safety Zone; BART Transbay Tube Seismic Upgrade; San Francisco, CA, 33388-33391 [E7-11637]
Download as PDF
<![CDATA[
33388
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations
satisfaction of the Commissioner that
the manner in which it will administer
the deemed IRA will be consistent with
the requirements of section 408. These
final regulations also provide special
rules regarding the application of
§ 1.408–2(e) to governmental units.
These final regulations are adopted
without substantive change from the
proposed and temporary regulations.
These final regulations are applicable
for written applications made on or after
June 18, 2007. The rules in this section
also may be relied on for applications
submitted on or after August 1, 2003 (or
such earlier application as the
Commissioner deems appropriate) and
before June 18, 2007.
Special Analyses
It has been determined that this
Treasury Decision is not a significant
regulatory action as defined in
Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and, because the
regulation does not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Code, the notice
of proposed rulemaking preceding these
final regulations was submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
Drafting Information
The principal author of these
regulations is Linda L. Conway of the
Office of the Division Counsel/Associate
Chief Counsel (Tax Exempt and
Government Entities). However, other
personnel from the IRS and Treasury
Department participated in the
development of these regulations.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
I
PART 1—INCOME TAXES
Paragraph 1.The authority citation for
part 1 continues to read in part as
follows:
pwalker on PROD1PC71 with RULES
I
Authority: 26 U.S.C. 7805 * * *
I Par. 2. Section 1.408–2(e)(8) is revised
to read as follows:
VerDate Aug<31>2005
17:03 Jun 15, 2007
Jkt 211001
§ 1.408–2
Individual retirement accounts.
*
*
*
*
*
(e) * * *
(8) Special rules for governmental
units—(i) In general. A governmental
unit that seeks to qualify as a nonbank
trustee of a deemed IRA that is part of
its qualified employer plan must
demonstrate to the satisfaction of the
Commissioner that it is able to
administer the trust in a manner that is
consistent with the requirements of
section 408. The demonstration must be
made by written application to the
Commissioner. Notwithstanding the
requirement of paragraph (e)(1) of this
section that a person must demonstrate
by written application that the
requirements of paragraphs (e)(2)
through (e)(6) of this section will be met
in order to qualify as a nonbank trustee,
a governmental unit that maintains a
plan qualified under section 401(a),
403(a), 403(b) or 457 need not
demonstrate that all of these
requirements will be met with respect to
any individual retirement accounts
maintained by that governmental unit
pursuant to section 408(q). For example,
a governmental unit need not
demonstrate that it satisfies the net
worth requirements of paragraph
(e)(3)(ii) of this section if it
demonstrates instead that it possesses
taxing authority under applicable law.
The Commissioner, in his discretion,
may exempt a governmental unit from
certain other requirements upon a
showing that the governmental unit is
able to administer the deemed IRAs in
the best interest of the participants.
Moreover, in determining whether a
governmental unit satisfies the other
requirements of paragraphs (e)(2)
through (e)(6) of this section, the
Commissioner may apply the
requirements in a manner that is
consistent with the applicant’s status as
a governmental unit.
(ii) Governmental unit. For purposes
of this special rule, the term
governmental unit means a state,
political subdivision of a state, and any
agency or instrumentality of a state or
political subdivision of a state.
(iii) Additional rules. The
Commissioner may in revenue rulings,
notices, or other guidance of general
applicability provide additional rules
for governmental units seeking approval
as nonbank trustees.
(iv) Effective/applicability date. This
section is applicable for written
applications made on or after June 18,
2007. The rules in this section also may
be relied on for applications submitted
on or after August 1, 2003 (or such
earlier application as the Commissioner
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
deems appropriate) and before June 18,
2007.
§ 1.408–2T
I
[Removed]
Par. 3. Section 1.408–2T is removed.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved:
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–11636 Filed 6–15–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07–025]
RIN 1625–AA00
Safety Zone; BART Transbay Tube
Seismic Upgrade; San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a moving temporary safety
zone in the navigable waters of San
Francisco Bay, California, during
geotechnical borings for a seismic
upgrade of the Bay Area Rapid Transit
(BART) Transbay tube. The borings will
require placement of a drilling vessel at
test sites along the BART Transbay tube.
The safety zone will surround the vessel
and move with the vessel as it conducts
the tests at eighteen sites along the
BART Transbay tube. This safety zone is
necessary to protect persons and vessels
from hazards, injury, and damage
associated with the geotechnical
borings. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or his designated
representative.
DATES: This rule is effective from May
30, 2007 through June 25, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket COTP San
Francisco Bay 07–025 and are available
for inspection or copying at the
Waterways Safety Branch of Sector San
Francisco, Yerba Buena Island, Bldg.
278, San Francisco, California 94130,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ensign Erin Bastick, U.S. Coast Guard
E:\FR\FM\18JNR1.SGM
18JNR1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations
Sector San Francisco, at (415) 556–2950
or Sector San Francisco 24 hour
Command Center at (415) 399–3547.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with RULES
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. The dates
for the geotechnical borings along the
Transbay tube were not finalized and
presented to the Coast Guard in time to
draft and publish an NPRM. As such,
the borings would commence before the
rulemaking process could be completed.
Any delay in implementing this rule is
contrary to the public interest since
immediate action is necessary in order
to protect the maritime public from the
hazards associated with the vibro
penetration testing.
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. The dates for the geotechnical
borings along the Transbay tube were
not finalized and presented to the Coast
Guard in time to publish this rule 30
days prior to its effective date. As such,
the borings would commence before the
rulemaking process could be completed.
Delay in the effective date of this rule
would expose the mariners and
waterways users to undue hazards
associated with the geotechnical
borings.
Background and Purpose
Bay Area Rapid Transit has contracted
Gregg Drilling & Testing, to conduct
BART marine demonstration tests in
support of their earthquake safety
efforts. They will be conducting
geotechnical borings for future seismic
upgrades of the BART Transbay tube.
The scope of the work will involve
eighteen separate anchor spread
locations, required to carry out the
thirty-four geotechnical borings, located
along the BART tube in the San
Francisco Bay. The scope of work for
the entire BART seismic upgrade project
involves four primary activities carried
out on the water. These activities
include vibro penetration tests, vibro
ground improvement, drilling, sampling
and sonic borings.
The Gregg Drilling & Testing work
will involve the drilling portion of the
BART seismic upgrade project. Gregg
Drilling & Testing will be deploying the
vessel QUIN DELTA which is 120 feet
long and 30 feet wide, with a drilling
apparatus attached to its hull. The
vessel QUIN DELTA will be located
over the tube alignment to perform
VerDate Aug<31>2005
17:03 Jun 15, 2007
Jkt 211001
drilling. The drilling will penetrate the
sea floor at a depth of five feet. The
contents recovered will be collected
onto the vessel and further analyzed
offsite.
Discussion of Rule
This safety zone will encompass the
navigable waters from the surface to the
sea floor, located in the San Francisco
Bay, encompassing a circular safety
zone with a 300-yard radius extending
from the drilling platform, vessel QUIN
DELTA. The vessel QUIN DELTA will
transit and conduct testing along the
BART Transbay tube between two
points: 37°47′44.55″ N Latitude by
122°23′28.34″ W Longitude at the
western extreme and 37°48′31.29″ N
Latitude by 122°20′17.12″ W Longitude
on the eastern extreme. This area
between the two points will be used to
maneuver and anchor the vessel QUIN
DELTA as it conducts the geotechnical
borings from May 30, 2007 through June
25, 2007. The BART Project manager
coordinated the boring locations with
the local Bar Pilots and the Vessel
Traffic Service to ensure the testing
would result in minimum impact to
vessel traffic. This moving safety zone
around the drilling Barge QUIN DELTA
is necessary to protect persons and
vessels from hazards, injury, and
damage associated with the geotechnical
borings.
U.S. Coast Guard personnel will
enforce this safety zone. Other Federal,
State, or local agencies may assist the
Coast Guard, including the Coast Guard
Auxiliary. Section 165.23 of Title 33,
Code of Federal Regulations, prohibits
any unauthorized person or vessel from
entering or remaining in a safety zone.
Vessels or persons violating this section
may be subject to both criminal and
civil penalties.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this rule restricts access to
the waters encompassed by the safety
zone, the effect of this rule will not be
significant because the local waterway
users have been contacted to ensure the
closure will result in minimum impact.
The entities most likely to be affected
are pleasure craft engaged in
recreational activities. Not only is the
safety zone small in size, but there will
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
33389
be ample space to navigate around the
safety zone as well.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the San Francisco Bay from
May 30, 2007 through June 25, 2007.
Although this regulation prevents traffic
from transiting a portion of San
Francisco Bay during the testing, the
effect of this regulation will not be
significant because small vessels will be
able to transit around the regulated area.
The entities most likely to be affected
are pleasure craft engaged in
recreational activities and sightseeing.
Small entities and the maritime
public will also be advised of this safety
zone via public broadcast notice to
mariners. In addition, vessels will be
able to pass through the zone on a caseby-case basis. Therefore, the economic
impact of this waterway closure is not
expected to be significant.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we have considered whether this rule
would have a significant economic
impact on a substantial number of small
entities. We expect this rule may affect
owners and operators of vessels, some of
which may be small entities, intending
to fish, sightsee, transit, or anchor in the
waters affected by this safety zone. This
safety zone will not have a significant
economic impact on a substantial
number of small entities for several
reasons: small vessel traffic will be able
to pass safely around the area and
vessels engaged in recreational
activities, sightseeing and commercial
fishing have ample space outside of the
safety zone to engage in these activities.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
E:\FR\FM\18JNR1.SGM
18JNR1
33390
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations
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).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 or more in any one year.
Though this rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
pwalker on PROD1PC71 with RULES
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
VerDate Aug<31>2005
17:03 Jun 15, 2007
Jkt 211001
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation.
Paragraph (34)(g) is applicable because
this rule establishes a safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
I 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
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T11–197, to read as
follows:
§ 165.T11–197 Safety Zone; San Francisco
Bay, California.
(a) Location. This safety zone will
encompass the navigable waters from
the surface to the sea floor, in the San
Francisco Bay, and its limits will
encompass a circular safety zone with a
radius of 300-yards extending from and
around the drilling vessel QUIN DELTA.
This safety zone will move and continue
to extend 300-yards from the vessel
QUIN DELTA while it operates along
the charted BART Transbay tube
between the following two points:
37°47′44.55″ N Latitude by
122°23′28.34″ W Longitude at the
western extreme and 37°48′31.29″ N
Latitude by 122°20′17.12″ W Longitude
on the eastern extreme.
(b) Effective dates. This rule is
effective from May 30, 2007 through
June 25, 2007. If the need for the safety
zone ends prior to the scheduled
termination time, the Captain of the Port
(COTP) will cease enforcement of the
safety zone.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into, transit through, or
anchoring within this safety zone by all
vessels and persons is prohibited,
unless specifically authorized by the
COTP San Francisco, or his designated
representative.
(d) Enforcement. All persons and
vessels shall comply with the
E:\FR\FM\18JNR1.SGM
18JNR1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations
instructions of the Coast Guard COTP or
his designated representative. The
COTP’s designated representative can be
comprised of commissioned, warrant,
and petty officers of the Coast Guard
onboard Coast Guard, Coast Guard
Auxiliary, local, state, and federal law
enforcement vessels. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of these two safety zones
by local law enforcement as necessary.
Dated: May 29, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco, California.
[FR Doc. E7–11637 Filed 6–15–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07–016]
RIN 1625–AA00
Safety Zone; City of San Francisco
Fourth of July Fireworks Display, San
Francisco Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
pwalker on PROD1PC71 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters of San Francisco
Bay for the loading, transport, and
launching of fireworks to celebrate
Independence Day. This safety zone is
established to ensure the safety of
participants and spectators.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety zone
without permission of the Captain of the
Port or his designated representative.
DATES: This rule is effective from 9 a.m.
on July 3, 2007 to 10 p.m. on July 4,
2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket COTP San
Francisco Bay 07–016 and are available
for inspection or copying at Coast Guard
Sector San Francisco, 1 Yerba Buena
Island, San Francisco, California, 94130,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ensign Sheral Richardson, U.S. Coast
Guard Sector San Francisco, at (415)
556–2950 ext. 136.
VerDate Aug<31>2005
17:03 Jun 15, 2007
Jkt 211001
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Logistical
details surrounding the event were not
finalized and presented to the Coast
Guard in time to draft and publish an
NPRM. As such, the event would occur
before the rulemaking process was
complete. Because of the dangers posed
by the pyrotechnics used in this
fireworks display, safety zones are
necessary to provide for the safety of
event participants, spectators, and
vessels transiting the event area.
Because of these safety concerns, it is in
the public interest to have these
regulations in effect during the event.
For the same reasons, the Coast Guard
finds that good cause exists under 5
U.S.C. 553(d)(3) for making this rule
effective less than 30 days after
publication in the Federal Register. Any
delay in the effective date of this rule
would expose mariners to the dangers
posed by the pyrotechnics used in this
fireworks display.
Background and Purpose
The City of San Francisco is
sponsoring a fireworks display on July
4, 2007 in the waters of San Francisco
Bay near Pier 39. The fireworks display
is meant for entertainment purposes in
celebration of Independence Day. This
safety zone is being issued to establish
a temporary regulated area in San
Francisco around the fireworks launch
barge during loading of the
pyrotechnics, during the transit of the
barge to the display location, and during
the fireworks display. This safety zone
around the launch barge is necessary to
protect spectators, vessels, and other
property from the hazards associated
with the pyrotechnics on the fireworks
barge. The Coast Guard has granted the
event sponsor a marine event permit for
the fireworks display.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone on specified
waters of San Francisco Bay near Piers
39 and 50. During the loading of the
fireworks barge, while the barge is being
towed to the display location, and until
the start of the fireworks display, the
safety zone will apply to the navigable
waters around and under the fireworks
barge within a radius of 100 feet. Fifteen
minutes prior to and during the twentyfive minute fireworks display, the area
to which this safety zone applies to will
increase in size to encompass the
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
33391
navigable waters around and under the
fireworks barge within a radius of 1,000
feet. Loading of the pyrotechnics onto
the fireworks barge is scheduled to
commence at 9 a.m. on July 3, 2007, and
will take place at Pier 50 in San
Francisco. Towing of the barge from Pier
50 to the display location is scheduled
to take place on July 4, 2007. During the
fireworks display, scheduled to
commence at approximately 9:30 p.m.,
the fireworks barge will be located
approximately 1,000 feet off of Pier 39
in position 37°48.71′ N, 122°24.46′ W.
The effect of the temporary safety
zone will be to restrict general
navigation in the vicinity of the
fireworks barge while the fireworks are
loaded at Pier 50, during the transit of
the fireworks barge, and until the
conclusion of the scheduled display.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the safety zone. This safety zone is
needed to keep spectators and vessels a
safe distance away from the fireworks
barge to ensure the safety of
participants, spectators, and transiting
vessels.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this rule restricts access to
the waters encompassed by the safety
zone, the effect of this rule will not be
significant because the local waterway
users will be notified via publicly
broadcasted notice to mariners to ensure
the safety zone will result in minimum
impact. The entities most likely to be
affected are pleasure craft engaged in
recreational activities.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 entities. This rule
E:\FR\FM\18JNR1.SGM
18JNR1
]]>Agencies
[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Rules and Regulations]
[Pages 33388-33391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11637]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07-025]
RIN 1625-AA00
Safety Zone; BART Transbay Tube Seismic Upgrade; San Francisco,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a moving temporary safety zone
in the navigable waters of San Francisco Bay, California, during
geotechnical borings for a seismic upgrade of the Bay Area Rapid
Transit (BART) Transbay tube. The borings will require placement of a
drilling vessel at test sites along the BART Transbay tube. The safety
zone will surround the vessel and move with the vessel as it conducts
the tests at eighteen sites along the BART Transbay tube. This safety
zone is necessary to protect persons and vessels from hazards, injury,
and damage associated with the geotechnical borings. Unauthorized
persons or vessels are prohibited from entering into, transiting
through, or remaining in the safety zone without permission of the
Captain of the Port or his designated representative.
DATES: This rule is effective from May 30, 2007 through June 25, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP San Francisco Bay 07-025 and are
available for inspection or copying at the Waterways Safety Branch of
Sector San Francisco, Yerba Buena Island, Bldg. 278, San Francisco,
California 94130, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Erin Bastick, U.S. Coast Guard
[[Page 33389]]
Sector San Francisco, at (415) 556-2950 or Sector San Francisco 24 hour
Command Center at (415) 399-3547.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The dates for the geotechnical
borings along the Transbay tube were not finalized and presented to the
Coast Guard in time to draft and publish an NPRM. As such, the borings
would commence before the rulemaking process could be completed. Any
delay in implementing this rule is contrary to the public interest
since immediate action is necessary in order to protect the maritime
public from the hazards associated with the vibro penetration testing.
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. The dates for the geotechnical
borings along the Transbay tube were not finalized and presented to the
Coast Guard in time to publish this rule 30 days prior to its effective
date. As such, the borings would commence before the rulemaking process
could be completed. Delay in the effective date of this rule would
expose the mariners and waterways users to undue hazards associated
with the geotechnical borings.
Background and Purpose
Bay Area Rapid Transit has contracted Gregg Drilling & Testing, to
conduct BART marine demonstration tests in support of their earthquake
safety efforts. They will be conducting geotechnical borings for future
seismic upgrades of the BART Transbay tube. The scope of the work will
involve eighteen separate anchor spread locations, required to carry
out the thirty-four geotechnical borings, located along the BART tube
in the San Francisco Bay. The scope of work for the entire BART seismic
upgrade project involves four primary activities carried out on the
water. These activities include vibro penetration tests, vibro ground
improvement, drilling, sampling and sonic borings.
The Gregg Drilling & Testing work will involve the drilling portion
of the BART seismic upgrade project. Gregg Drilling & Testing will be
deploying the vessel QUIN DELTA which is 120 feet long and 30 feet
wide, with a drilling apparatus attached to its hull. The vessel QUIN
DELTA will be located over the tube alignment to perform drilling. The
drilling will penetrate the sea floor at a depth of five feet. The
contents recovered will be collected onto the vessel and further
analyzed offsite.
Discussion of Rule
This safety zone will encompass the navigable waters from the
surface to the sea floor, located in the San Francisco Bay,
encompassing a circular safety zone with a 300-yard radius extending
from the drilling platform, vessel QUIN DELTA. The vessel QUIN DELTA
will transit and conduct testing along the BART Transbay tube between
two points: 37[deg]47'44.55'' N Latitude by 122[deg]23'28.34'' W
Longitude at the western extreme and 37[deg]48'31.29'' N Latitude by
122[deg]20'17.12'' W Longitude on the eastern extreme. This area
between the two points will be used to maneuver and anchor the vessel
QUIN DELTA as it conducts the geotechnical borings from May 30, 2007
through June 25, 2007. The BART Project manager coordinated the boring
locations with the local Bar Pilots and the Vessel Traffic Service to
ensure the testing would result in minimum impact to vessel traffic.
This moving safety zone around the drilling Barge QUIN DELTA is
necessary to protect persons and vessels from hazards, injury, and
damage associated with the geotechnical borings.
U.S. Coast Guard personnel will enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal
Regulations, prohibits any unauthorized person or vessel from entering
or remaining in a safety zone. Vessels or persons violating this
section may be subject to both criminal and civil penalties.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users have been contacted to ensure the
closure will result in minimum impact. The entities most likely to be
affected are pleasure craft engaged in recreational activities. Not
only is the safety zone small in size, but there will be ample space to
navigate around the safety zone as well.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the San Francisco Bay from May 30,
2007 through June 25, 2007. Although this regulation prevents traffic
from transiting a portion of San Francisco Bay during the testing, the
effect of this regulation will not be significant because small vessels
will be able to transit around the regulated area. The entities most
likely to be affected are pleasure craft engaged in recreational
activities and sightseeing.
Small entities and the maritime public will also be advised of this
safety zone via public broadcast notice to mariners. In addition,
vessels will be able to pass through the zone on a case-by-case basis.
Therefore, the economic impact of this waterway closure is not expected
to be significant.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we have considered whether this
rule would have a significant economic impact on a substantial number
of small entities. We expect this rule may affect owners and operators
of vessels, some of which may be small entities, intending to fish,
sightsee, transit, or anchor in the waters affected by this safety
zone. This safety zone will not have a significant economic impact on a
substantial number of small entities for several reasons: small vessel
traffic will be able to pass safely around the area and vessels engaged
in recreational activities, sightseeing and commercial fishing have
ample space outside of the safety zone to engage in these activities.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 33390]]
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. Paragraph (34)(g) is applicable because this rule
establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T11-197, to read as follows:
Sec. 165.T11-197 Safety Zone; San Francisco Bay, California.
(a) Location. This safety zone will encompass the navigable waters
from the surface to the sea floor, in the San Francisco Bay, and its
limits will encompass a circular safety zone with a radius of 300-yards
extending from and around the drilling vessel QUIN DELTA. This safety
zone will move and continue to extend 300-yards from the vessel QUIN
DELTA while it operates along the charted BART Transbay tube between
the following two points: 37[deg]47'44.55'' N Latitude by
122[deg]23'28.34'' W Longitude at the western extreme and
37[deg]48'31.29'' N Latitude by 122[deg]20'17.12'' W Longitude on the
eastern extreme.
(b) Effective dates. This rule is effective from May 30, 2007
through June 25, 2007. If the need for the safety zone ends prior to
the scheduled termination time, the Captain of the Port (COTP) will
cease enforcement of the safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone by all vessels and persons is prohibited,
unless specifically authorized by the COTP San Francisco, or his
designated representative.
(d) Enforcement. All persons and vessels shall comply with the
[[Page 33391]]
instructions of the Coast Guard COTP or his designated representative.
The COTP's designated representative can be comprised of commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed. The U.S. Coast Guard may be assisted in the
patrol and enforcement of these two safety zones by local law
enforcement as necessary.
Dated: May 29, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco,
California.
[FR Doc. E7-11637 Filed 6-15-07; 8:45 am]
BILLING CODE 4910-15-P
