Safety Zone: Suisun Bay Electromagnetic Scan and Ordnance Recovery, Suisun Bay, Concord, CA, 55216-55219 [2013-21939]
Download as PDF
<![CDATA[
55216
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
Management Specialist, Fifth Coast
Guard District; telephone 757–398–
6587, email Kashanda.l.booker@
uscg.mil. If you have questions on
viewing the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The New
Jersey Department of Transportation
requested a temporary deviation from
the current operating regulations of the
Route 30/Absecon Boulevard Bridge
across Beach Thorofare, NJICW mile
67.2, and the US40–322 (Albany
Avenue) across Inside Thorofare, NJICW
mile 70.0, both at Atlantic City, NJ. The
temporary deviation has been requested
to ensure the safety of the heavy
volumes of vehicular traffic that would
be transiting over the bridges for the
Miss America Pageant Parade. Due to
security concerns, the NJDOT would
like to have the capability to clear the
city as quick as possible if necessary.
Under this temporary deviation, on
Saturday, September 14, 2013, the
draws for both bridges need not open
from 8:30 p.m. until 10 p.m.
rmajette on DSK2TPTVN1PROD with RULES
Route 30/Absecon Boulevard Bridge
The current operating regulation for
the Route 30/Absecon Boulevard Bridge
across Beach Thorofare is outlined at 33
CFR 117.733(e) which requires that the
bridge shall open on signal if at least
four hours of notice is given; except that
from April 1 through October 31, from
7 a.m. to 11 p.m., the draw need only
open on the hour; on July 4, the draw
need not open from 9:40 p.m. until
11:15 p.m. to accommodate the annual
July 4th fireworks show. Should
inclement weather prevent the fireworks
event from taking place as planned, the
draw need not open from 9:40 p.m. until
11:15 p.m. on July 5th to accommodate
the annual July 4th fireworks show; on
the third or fourth Wednesday of August
the draw will open every two hours on
the hour from 10 a.m. until 4 p.m. and
need not open from 4 p.m. until 8 p.m.
to accommodate the annual Air Show.
In the closed position to vessels, the
vertical clearance for this bascule-type
bridge is 20 feet above mean high water.
US40–322 (Albany Avenue) Bridge
The current operating regulation for
the US40–322 (Albany Avenue) Bridge
across Inside Thorofare is outlined at 33
CFR 117.733(f) shall open on signal
except that year-round, from 11 p.m. to
7 a.m.; and from November 1 through
March 31 from 3 p.m. to 11 p.m., the
draw need only open if at least four
hours notice is given; from June 1
through September 30, from 9 a.m. to 4
p.m. and from 6 p.m. to 9 p.m., the draw
need only open on the hour and half
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
hour; and from 4 p.m. to 6 p.m., the
draw need not open; on July 4, the draw
need not open from 9:40 p.m. until
11:15 p.m., to accommodate the annual
July 4th fireworks show. Should
inclement weather prevent the fireworks
event from taking place as planned, the
draw need not open from 9:40 p.m. until
11:15 p.m. on July 5th to accommodate
the annual July 4th fireworks show; and
on the third or fourth Wednesday of
August, the draw will open every two
hours on the hour from 10 a.m. until 4
p.m. and need not open from 4 p.m.
until 8 p.m. to accommodate the annual
Air Show. In the closed position to
vessels, the vertical clearance for this
bascule-type bridge is 10 feet above
mean high water.
The majority of the vessels that transit
the bridges this time of the year are
recreational boats. Vessels able to pass
through the bridges in the closed
positions may do so at anytime. Both
bridges will be able to open for
emergencies.
The Atlantic Ocean is an alternate
route for vessels unable to pass through
the bridges in closed positions. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedules
immediately at the end of the
designated time period. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: August 27, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2013–21952 Filed 9–9–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0692]
RIN 1625–AA00
Safety Zone: Suisun Bay
Electromagnetic Scan and Ordnance
Recovery, Suisun Bay, Concord, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
The Coast Guard is
establishing temporary safety zones in
the navigable waters of Suisun Bay in
support of the Military Ocean Terminal
Concord (MOTCO) electromagnetic scan
and ordnance recovery operations.
These safety zones are established to
ensure the safety of the ordnance
identification and recovery teams and
mariners transiting the area.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety
zones without permission of the Captain
of the Port or their designated
representative.
DATES: This rule will be enforced with
actual notice from August 26, 2013 to
September 10, 2013. This rule is
effective in the Code of Federal
Regulations from September 10, 2013
through October 25, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0692. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 temporary
rule, call or email Lieutenant Junior
Grade Joshua Dykman, U.S. Coast Guard
Sector San Francisco; telephone (415)
399–3585 or email at D11–PFMarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Program Manager, Docket Operations,
telephone (202)366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
DoD Department of Defense
FR Federal Register
MMRP Military Munitions Response
Program
MOTCO Military Ocean Terminal Concord
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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
E:\FR\FM\10SER1.SGM
10SER1
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
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.
The Military Munitions Response
Program (MMRP) addresses the safety
and environmental hazards presented
by munitions and explosives. MOTCO
recently completed an underwater
geophysical survey of Suisun Bay
whereby they identified 55 locations
throughout Suisun Bay with ferrousbased objects that may contain ordnance
deposited as a result of the Port Chicago
explosion on July 17, 1944. MOTCO
notified the Coast Guard on July 10,
2013 that they intend to conduct an
intrusive electromagnetic scan and
ordnance recovery operation in selected
areas of Suisun Bay with a high
probability of containing ordnance
items, and the operation would occur
before the rulemaking process would be
completed. The safety zone is necessary
to ensure the safety of the teams
conducting ordnance scanning and
recovery operations as well as provide
for the safety of vessels transiting the
area. For the safety concerns noted, it is
in the public interest to have these
regulations 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.
MOTCO is sponsoring the Suisun Bay
Electromagnetic Scan and Ordnance
Recovery Safety Zone from August 26,
2103 through October 25, 2013 in the
navigable waters of the Suisun Bay, CA
as depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18656. The safety zone establishes
a 100 foot moving safety zone around a
2-barge configuration, flying a red flag,
and traveling throughout Suisun Bay
conducting electromagnetic scan and
ordnance recovery operations. A
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
temporary safety zone will also be
established for emergency ordnance
detonation between Roe Island and Ryer
Island at the following location:
38°04′24″ N, 122°0′14″ W (NAD 83) for
use only in the event that unstable
ordnance items are recovered that
require immediate detonation on site.
Until such a time is needed, vessel
traffic is free to move through the area.
A broadcast will be released when the
zone will be enforced, giving vessel
traffic enough time to leave the area.
These safety zones are necessary to
ensure the safety of teams conducting
electromagnetic scans and ordnance
recovery operations and to ensure the
safety of mariners transiting the area.
These safety zones will be enforced
from August 26, 2013 to October 25,
2013 between the hours of 7 a.m. and
4 p.m. The safety zones shall terminate
at the conclusion of the electromagnetic
scan and ordnance recovery operations.
C. Discussion of the Final Rule
The Coast Guard will enforce a 100
foot moving safety zone around a 2barge configuration, flying a red flag,
and traveling throughout Suisun Bay
conducting electromagnetic scan and
ordnance recovery operations from
August 26, 2013 to October 25, 2013
between the hours of 7 a.m. and 4 p.m.
To minimize impacts to commerce, the
ordnance disposal team will cease
operations to accommodate commercial
vessels requiring transit through the
navigation channel in vicinity to the
project location. Commercial vessels
will be informed via broadcast and local
notice to mariners to coordinate passing
arrangements with the ordnance
disposal team prior to transiting the
project area.
A temporary safety zone will be
established for emergency ordnance
detonation between Roe Island and Ryer
Island at the following location:
38°04′24″ N, 122°0′14″ W (NAD 83) for
use only in the event that unstable
ordnance items are recovered that
require immediate detonation on site.
Until such a time is needed, vessel
traffic is free to move through the area.
A broadcast will be released when the
zone will be enforced, giving vessel
traffic enough time to leave the area. At
the conclusion of the electromagnetic
scan and ordnance recovery the safety
zones shall terminate.
The effect of the temporary safety
zones will be to restrict navigation in
the vicinity of the electromagnetic scan
and ordnance recovery 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.
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
55217
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
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 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, and (ii) the maritime
public will be advised in advance of this
safety zone via Broadcast Notice to
Mariners.
E:\FR\FM\10SER1.SGM
10SER1
55218
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
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.
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.
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).
11. Indian Tribal Governments
5. 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.
rmajette on DSK2TPTVN1PROD with RULES
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
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
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.
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
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
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.
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
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 concluded this action is one of a
category of actions that do not
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T11–588 to
read as follows:
■
§ 165.T11–588 Safety zone; Suisun Bay
Electromagnetic Scan and Ordnance
Recovery, Suisun Bay, Concord, CA.
(a) Location. A temporary 100 foot
moving safety zone will be established
around a 2-barge configuration, flying a
red flag, and traveling throughout
Suisun Bay conducting electromagnetic
scan and ordnance recovery operations
as depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18656. Prior to vessels traveling
through the navigational channel, notice
will be given to the barges so that they
have ample time to move out of the way
and not impede traffic. An additional
temporary safety zone will be
established for emergency ordnance
detonation between Roe Island and Ryer
Island at the following location:
38°04′24″ N, 122°01′14″ W (NAD 83) for
use only in the event that unstable
ordnance items are recovered that
require immediate detonation on site.
Until such a time is needed, vessel
traffic is free to move through the area.
A broadcast will be released when the
zone will be enforced, giving vessel
traffic enough time to leave the area.
E:\FR\FM\10SER1.SGM
10SER1
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
(b) Enforcement Period. The zones
described in paragraph (a) of this
section will be in effect from August 26,
2013 through October 25, 2013 between
the hours of 7 a.m. until 4 p.m. 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 24hour Command Center at telephone
(415) 399–3547.
Lake Michigan in the vicinity of
Burnham Park in Chicago, IL. This
temporary safety zone is intended to
restrict vessels from a portion of Lake
Michigan near Burnham Park during a
flying machine competition event in
Chicago, IL on September 21, 2013. This
temporary safety zone is necessary to
protect event participants, the
surrounding public, and vessels from
the hazards associated with this marine
event.
DATES: This rule is effective and will be
enforced from 10:30 a.m. until 4 p.m. on
September 21, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0685. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 temporary
rule, contact or email MST1 John Ng,
U.S. Coast Guard Marine Safety Unit
Chicago, at 630–986–2122 or
John.H.Ng@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Dated: August 23, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
[FR Doc. 2013–21939 Filed 9–9–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0685]
rmajette on DSK2TPTVN1PROD with RULES
RIN 1625–AA00
Safety Zone; Flying Machine
Competition, Chicago, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
VerDate Mar<15>2010
14:54 Sep 09, 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 with
respect to this rule because doing so
would be impracticable and contrary to
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
55219
the public interest. The final details for
this event were not known to the Coast
Guard until there was insufficient time
remaining before the event to publish an
NPRM. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be both impracticable and
contrary to the public interest because it
would inhibit the Coast Guard’s ability
to protect participants, spectators and
vessels from the hazards associated with
this marine event, which are discussed
further below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register for the same reasons
discussed in the preceding paragraph,
delaying the effect date of this rule past
September 21, 2013, waiting for a 30
day notice period to run would be
impracticable and contrary to the public
interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and limited
access areas: 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.
An annual flying machine
competition event has been scheduled
by a commercial entity to take place
from 11 a.m. until 4 p.m. on September
21, 2013, in Chicago, IL. This event is
expected to involve personally-crafted
flying machines with human occupants,
falling from a raised platform into Lake
Michigan. The Coast Guard anticipates
a large number of spectators to
congregate close to the platform during
the event. The Captain of the Port, Lake
Michigan, has determined that this
marine event will pose a significant risk
to public safety and property. Such
hazards include falling debris, and
collisions between spectators, falling
water craft, and their human occupants.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port, Lake
Michigan, has determined that this
temporary safety zone is necessary to
ensure the safety of participants,
spectators, and vessels during the flying
machine competition event on Lake
Michigan in the vicinity of Burnham
Park. This safety zone will be effective
and enforced from 10:30 a.m. until 4
p.m. on September 21, 2013. This safety
zone will encompass a portion of Lake
Michigan, beginning at a point
approximately 1000 feet to the
E:\FR\FM\10SER1.SGM
10SER1
]]>Agencies
[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Rules and Regulations]
[Pages 55216-55219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21939]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0692]
RIN 1625-AA00
Safety Zone: Suisun Bay Electromagnetic Scan and Ordnance
Recovery, Suisun Bay, Concord, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones in the
navigable waters of Suisun Bay in support of the Military Ocean
Terminal Concord (MOTCO) electromagnetic scan and ordnance recovery
operations. These safety zones are established to ensure the safety of
the ordnance identification and recovery teams and mariners transiting
the area. Unauthorized persons or vessels are prohibited from entering
into, transiting through, or remaining in the safety zones without
permission of the Captain of the Port or their designated
representative.
DATES: This rule will be enforced with actual notice from August 26,
2013 to September 10, 2013. This rule is effective in the Code of
Federal Regulations from September 10, 2013 through October 25, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0692. To view documents mentioned in this preamble as being
available in the docket, go to https://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
temporary rule, call or email Lieutenant Junior Grade Joshua Dykman,
U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585 or
email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing
the docket, call Program Manager, Docket Operations, telephone
(202)366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
DoD Department of Defense
FR Federal Register
MMRP Military Munitions Response Program
MOTCO Military Ocean Terminal Concord
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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
[[Page 55217]]
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. The Military Munitions Response Program (MMRP)
addresses the safety and environmental hazards presented by munitions
and explosives. MOTCO recently completed an underwater geophysical
survey of Suisun Bay whereby they identified 55 locations throughout
Suisun Bay with ferrous-based objects that may contain ordnance
deposited as a result of the Port Chicago explosion on July 17, 1944.
MOTCO notified the Coast Guard on July 10, 2013 that they intend to
conduct an intrusive electromagnetic scan and ordnance recovery
operation in selected areas of Suisun Bay with a high probability of
containing ordnance items, and the operation would occur before the
rulemaking process would be completed. The safety zone is necessary to
ensure the safety of the teams conducting ordnance scanning and
recovery operations as well as provide for the safety of vessels
transiting the area. For the safety concerns noted, it is in the public
interest to have these regulations 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.
MOTCO is sponsoring the Suisun Bay Electromagnetic Scan and
Ordnance Recovery Safety Zone from August 26, 2103 through October 25,
2013 in the navigable waters of the Suisun Bay, CA as depicted in
National Oceanic and Atmospheric Administration (NOAA) Chart 18656. The
safety zone establishes a 100 foot moving safety zone around a 2-barge
configuration, flying a red flag, and traveling throughout Suisun Bay
conducting electromagnetic scan and ordnance recovery operations. A
temporary safety zone will also be established for emergency ordnance
detonation between Roe Island and Ryer Island at the following
location: 38[deg]04'24'' N, 122[deg]0'14'' W (NAD 83) for use only in
the event that unstable ordnance items are recovered that require
immediate detonation on site. Until such a time is needed, vessel
traffic is free to move through the area. A broadcast will be released
when the zone will be enforced, giving vessel traffic enough time to
leave the area. These safety zones are necessary to ensure the safety
of teams conducting electromagnetic scans and ordnance recovery
operations and to ensure the safety of mariners transiting the area.
These safety zones will be enforced from August 26, 2013 to October 25,
2013 between the hours of 7 a.m. and 4 p.m. The safety zones shall
terminate at the conclusion of the electromagnetic scan and ordnance
recovery operations.
C. Discussion of the Final Rule
The Coast Guard will enforce a 100 foot moving safety zone around a
2-barge configuration, flying a red flag, and traveling throughout
Suisun Bay conducting electromagnetic scan and ordnance recovery
operations from August 26, 2013 to October 25, 2013 between the hours
of 7 a.m. and 4 p.m. To minimize impacts to commerce, the ordnance
disposal team will cease operations to accommodate commercial vessels
requiring transit through the navigation channel in vicinity to the
project location. Commercial vessels will be informed via broadcast and
local notice to mariners to coordinate passing arrangements with the
ordnance disposal team prior to transiting the project area.
A temporary safety zone will be established for emergency ordnance
detonation between Roe Island and Ryer Island at the following
location: 38[deg]04'24'' N, 122[deg]0'14'' W (NAD 83) for use only in
the event that unstable ordnance items are recovered that require
immediate detonation on site. Until such a time is needed, vessel
traffic is free to move through the area. A broadcast will be released
when the zone will be enforced, giving vessel traffic enough time to
leave the area. At the conclusion of the electromagnetic scan and
ordnance recovery the safety zones shall terminate.
The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the electromagnetic scan and ordnance
recovery 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.
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 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 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, and (ii) the maritime public will be advised in advance of this
safety zone via Broadcast Notice to Mariners.
[[Page 55218]]
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 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.
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 concluded
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
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; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 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.T11-588 to read as follows:
Sec. 165.T11-588 Safety zone; Suisun Bay Electromagnetic Scan and
Ordnance Recovery, Suisun Bay, Concord, CA.
(a) Location. A temporary 100 foot moving safety zone will be
established around a 2-barge configuration, flying a red flag, and
traveling throughout Suisun Bay conducting electromagnetic scan and
ordnance recovery operations as depicted in National Oceanic and
Atmospheric Administration (NOAA) Chart 18656. Prior to vessels
traveling through the navigational channel, notice will be given to the
barges so that they have ample time to move out of the way and not
impede traffic. An additional temporary safety zone will be established
for emergency ordnance detonation between Roe Island and Ryer Island at
the following location: 38[deg]04'24'' N, 122[deg]01'14'' W (NAD 83)
for use only in the event that unstable ordnance items are recovered
that require immediate detonation on site. Until such a time is needed,
vessel traffic is free to move through the area. A broadcast will be
released when the zone will be enforced, giving vessel traffic enough
time to leave the area.
[[Page 55219]]
(b) Enforcement Period. The zones described in paragraph (a) of
this section will be in effect from August 26, 2013 through October 25,
2013 between the hours of 7 a.m. until 4 p.m. 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 23, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-21939 Filed 9-9-13; 8:45 am]
BILLING CODE 9110-04-P
