Safety Zone; SFOBB Demolition Safety Zone, San Francisco, CA, 54171-54173 [2013-21290]

Download as PDF Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations Table of Acronyms DEPARTMENT OF HOMELAND SECURITY CALTRANS California Department of Transportation DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking SFOBB San Francisco-Oakland Bay Bridge Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0654] RIN 1625–AA00 Safety Zone; SFOBB Demolition Safety Zone, San Francisco, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay near Yerba Buena Island, CA in support of the San FranciscoOakland Bay Bridge (SFOBB) Demolition Safety Zone from September 1, 2013 through December 30, 2014. This safety zone is established to protect mariners transiting the area from the dangers associated with over-head demolition and debris removal operations of the SFOBB. 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 their designated representative. DATES: This rule is effective September 1, 2013 through December 30, 2014. This rule will be enforced from 6 a.m. until 7 p.m. daily on the dates mentioned above. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0654. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard Sector San Francisco; telephone (415) 399–7442 or email at D11-PF-MarineEvents@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:09 Aug 30, 2013 Jkt 229001 A. Regulatory History and Information The Coast Guard is issuing this temporary final 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 publishing an NPRM would be contrary to the public interest. CALTRANS submitted a request for a safety zone on July 10, 2013 and the demolition project will begin before the rulemaking process would be completed. Because of the dangers posed by over-head demolition and debris removal operations of the SFOBB, the safety zone is necessary to provide for the safety of mariners transiting the area. For the safety concerns noted, it is in the public interest to have this safety zone in effect during the event. 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. For the reasons stated above, delaying the effective date would be contrary to the public interest. B. Basis and Purpose The legal basis for the proposed rule is 33 U.S.C 1231; 46 U.S.C Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish safety zones. CALTRANS will sponsor the SFOBB Demolition Safety Zone from September 1, 2013 through December 30, 2014, in the navigable waters of the San Francisco Bay near Yerba Buena Island, CA. Demolition and debris removal operations are scheduled to take place from 6 a.m. to 7 p.m. daily beginning on September 1, 2013 and ending on December 30, 2014. The safety zone will encompass the navigable waters of the PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 54171 San Francisco Bay within 100 yards of the SFOBB from Yerba Buena Island to the ‘‘I’’ Pier, also known as ‘‘E4’’ Pier. The demolition project is necessary to facilitate the completion of the Bay Bridge project. The safety zone is issued to establish a temporary limited access area on the waters surrounding the demolition operation. The safety zone is necessary to protect mariners transiting the area from the dangers associated with over-head debris removal. C. Discussion of the Final Rule The Coast Guard will enforce a safety zone in navigable waters around and under the SFOBB within 100 yards of the bridge beginning at Yerba Buena Island and ending at the ‘‘I’’ Pier for the demolition and debris removal of the Yerba Buena Island Detour and the Cantilever Truss segment of the SFOBB. Demolition and debris removal is scheduled to take place from 6 a.m. to 7 p.m. daily beginning on September 1, 2013 and ending on December 30, 2014. At the conclusion of the demolition operations the safety zone shall terminate. The effect of the temporary safety zone will be to restrict navigation in the vicinity of the demolition and debris removal operations. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the restricted area. This safety zone is needed to protect public safety by keeping mariners and vessels away from the immediate vicinity of the construction operation. The maritime public will be advised in advance of this safety zone via Broadcast Notice to Mariners. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this rule does not rise to the level of necessitating a full Regulatory E:\FR\FM\03SER1.SGM 03SER1 54172 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations Evaluation. The safety zone is limited in duration, and is limited to a narrowly tailored geographic area. In addition, 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 public Broadcast Notice to Mariners to ensure the safety zone will result in minimum impact. The entities most likely to be affected are waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities. pmangrum on DSK3VPTVN1PROD with RULES 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which may be small entities: owners and operators of waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities and sightseeing, if these facilities or vessels are in the vicinity of the safety zone at times when this zone is being enforced. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons: (i) This rule will encompass only a small portion of the waterway for a limited period of time, (ii) vessel traffic can transit safely around the safety zone, and (iii) the maritime public will be advised in advance of this safety zone via Broadcast Notice to Mariners. 3. Assistance for Small Entities 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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 VerDate Mar<15>2010 14:09 Aug 30, 2013 Jkt 229001 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. 4. 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). 5. Federalism 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 does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact 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. 7. 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 9. 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. 10. 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. 11. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (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 of limited size and duration. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the E:\FR\FM\03SER1.SGM 03SER1 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and 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 1. The authority citation for part 165 continues to read as follows: ■ 2. Add temporary § 165–T11–589 to read as follows: ■ pmangrum on DSK3VPTVN1PROD with RULES (a) Location. This temporary safety zone is established in the navigable waters of the San Francisco Bay near Yerba Buena Island, California as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18650. The safety zone will encompass the navigable waters around the SFOBB within 100 yards beginning at Yerba Buena Island and ending at the ‘‘I’’ Pier. (b) Enforcement Period. The zone described in paragraph (a) of this section will be in effect from 6 a.m. to 7 p.m. daily from September 1, 2013 until December 30, 2014. The Captain of the Port San Francisco (COTP) will notify the maritime community of periods during which this zone will be enforced via Broadcast Notice to Mariners in accordance with 33 CFR 165.7. (c) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer on a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the COTP in the enforcement of the safety zone. (d) Regulations. (1) Under the general regulations in 33 CFR Part 165, Subpart C, entry into, transiting or anchoring within this safety zone is prohibited unless authorized by the COTP or a designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must Jkt 229001 BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 § 165–T11–589 Safety zone; SFOBB Demolition Safety Zone, San Francisco, CA. 14:09 Aug 30, 2013 Dated: August 15, 2013. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2013–21290 Filed 8–30–13; 8:45 am] Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 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. VerDate Mar<15>2010 contact the COTP or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or a designated representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the 24hour Command Center at telephone (415) 399–3547. [EPA–R05–OAR–2013–0377; FRL–9900–51– Region 5] Approval and Promulgation of Air Quality Implementation Plans; Indiana; Maintenance Plan Update for Lake County, Indiana for Sulfur Dioxide Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is approving a maintenance plan update for the Lake County, Indiana sulfur dioxide (SO2) maintenance area. This plan update demonstrates that Lake County will maintain attainment of the 1971 SO2 national ambient air quality standard (NAAQS) through 2025. This maintenance plan update satisfies section 175A of the Clean Air Act (Act), and is consistent with the September 26, 2005, approval of the State’s redesignation request and maintenance plan for the Lake County, Indiana SO2 area. DATES: This direct final rule will be effective November 4, 2013, unless EPA receives adverse comments by October 3, 2013. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2013–0377, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: blakley.pamela@epa.gov. 3. Fax: (312) 692–2450. SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 54173 4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section (AR– 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R0–OAR–2013– 0377. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in E:\FR\FM\03SER1.SGM 03SER1

Agencies

[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54171-54173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21290]



[[Page 54171]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0654]
RIN 1625-AA00


Safety Zone; SFOBB Demolition Safety Zone, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the San Francisco Bay near Yerba Buena Island, CA 
in support of the San Francisco-Oakland Bay Bridge (SFOBB) Demolition 
Safety Zone from September 1, 2013 through December 30, 2014. This 
safety zone is established to protect mariners transiting the area from 
the dangers associated with over-head demolition and debris removal 
operations of the SFOBB. 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 their designated 
representative.

DATES: This rule is effective September 1, 2013 through December 30, 
2014. This rule will be enforced from 6 a.m. until 7 p.m. daily on the 
dates mentioned above.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0654. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442 or email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CALTRANS California Department of Transportation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SFOBB San Francisco-Oakland Bay Bridge

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 publishing an NPRM would be contrary to 
the public interest. CALTRANS submitted a request for a safety zone on 
July 10, 2013 and the demolition project will begin before the 
rulemaking process would be completed. Because of the dangers posed by 
over-head demolition and debris removal operations of the SFOBB, the 
safety zone is necessary to provide for the safety of mariners 
transiting the area. For the safety concerns noted, it is in the public 
interest to have this safety zone in effect during the event.
    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. For the reasons stated above, 
delaying the effective date would be contrary to the public interest.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1231; 46 U.S.C 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish safety zones.
    CALTRANS will sponsor the SFOBB Demolition Safety Zone from 
September 1, 2013 through December 30, 2014, in the navigable waters of 
the San Francisco Bay near Yerba Buena Island, CA. Demolition and 
debris removal operations are scheduled to take place from 6 a.m. to 7 
p.m. daily beginning on September 1, 2013 and ending on December 30, 
2014. The safety zone will encompass the navigable waters of the San 
Francisco Bay within 100 yards of the SFOBB from Yerba Buena Island to 
the ``I'' Pier, also known as ``E4'' Pier. The demolition project is 
necessary to facilitate the completion of the Bay Bridge project. The 
safety zone is issued to establish a temporary limited access area on 
the waters surrounding the demolition operation. The safety zone is 
necessary to protect mariners transiting the area from the dangers 
associated with over-head debris removal.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters 
around and under the SFOBB within 100 yards of the bridge beginning at 
Yerba Buena Island and ending at the ``I'' Pier for the demolition and 
debris removal of the Yerba Buena Island Detour and the Cantilever 
Truss segment of the SFOBB. Demolition and debris removal is scheduled 
to take place from 6 a.m. to 7 p.m. daily beginning on September 1, 
2013 and ending on December 30, 2014. At the conclusion of the 
demolition operations the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the demolition and debris removal 
operations. Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
restricted area. This safety zone is needed to protect public safety by 
keeping mariners and vessels away from the immediate vicinity of the 
construction operation. The maritime public will be advised in advance 
of this safety zone via Broadcast Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule does not rise to the 
level of necessitating a full Regulatory

[[Page 54172]]

Evaluation. The safety zone is limited in duration, and is limited to a 
narrowly tailored geographic area. In addition, 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 public Broadcast Notice to Mariners to 
ensure the safety zone will result in minimum impact. The entities most 
likely to be affected are waterfront facilities, commercial vessels, 
and pleasure craft engaged in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of 
which may be small entities: owners and operators of waterfront 
facilities, commercial vessels, and pleasure craft engaged in 
recreational activities and sightseeing, if these facilities or vessels 
are in the vicinity of the safety zone at times when this zone is being 
enforced. This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) 
This rule will encompass only a small portion of the waterway for a 
limited period of time, (ii) vessel traffic can transit safely around 
the safety zone, and (iii) the maritime public will be advised in 
advance of this safety zone via Broadcast Notice to Mariners.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 of limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the

[[Page 54173]]

discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 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 temporary Sec.  165-T11-589 to read as follows:


Sec.  165-T11-589  Safety zone; SFOBB Demolition Safety Zone, San 
Francisco, CA.

    (a) Location. This temporary safety zone is established in the 
navigable waters of the San Francisco Bay near Yerba Buena Island, 
California as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18650. The safety zone will encompass the 
navigable waters around the SFOBB within 100 yards beginning at Yerba 
Buena Island and ending at the ``I'' Pier.
    (b) Enforcement Period. The zone described in paragraph (a) of this 
section will be in effect from 6 a.m. to 7 p.m. daily from September 1, 
2013 until December 30, 2014. The Captain of the Port San Francisco 
(COTP) will notify the maritime community of periods during which this 
zone will be enforced via Broadcast Notice to Mariners in accordance 
with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR Part 
165, Subpart C, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: August 15, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-21290 Filed 8-30-13; 8:45 am]
BILLING CODE 9110-04-P