Safety Zone: Suisun Bay Electromagnetic Scan and Ordnance Recovery, Suisun Bay, Concord, CA, 61238-61240 [2014-24292]
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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations
C. Administrative Procedure Act
The Administrative Procedure Act (5
U.S.C. 551 et seq.) (APA) provides that
agency rules should become effective 30
days after publication in the Federal
Register. See 5 U.S.C. 553(d). The APA,
however, allows agencies to dispense
with a delayed effective date when the
agency finds that good cause exists. 5
U.S.C. 553(d)(3). In this case, Treasury
finds that good cause exists to effectuate
this rule on October 14, 2014. As
discussed earlier in the preamble, this
rule for Louisiana parishes amends the
RESTORE Act interim rule that was
published on August 15, 2014 (79 FR
48039). The August 15, 2014 interim
rule covers other aspects of the Direct
Component and the Act and takes effect
on October 14, 2014. It would be
contrary to the public interest to make
the RESTORE Act funds available to
some recipients ahead of others. So that
all entities eligible to receive Direct
Component funds are treated equally,
Treasury believes good cause exists to
make this parishes rule effective on the
same date as the August 15, 2014
interim rule.
Coastal zone, Fisheries, Grant
programs, Grants administration,
Intergovernmental relations, Marine
resources, Natural resources, Oil
pollution, Research, Science and
technology, Trusts, Wildlife.
For the reasons set forth in the
preamble, the Department of the
Treasury amends 31 CFR subtitle A, part
34, to read as follows:
PART 34—RESOURCES AND
ECOSYSTEMS SUSTAINABILITY,
TOURIST OPPORTUNITIES, AND
REVIVED ECONOMIES OF THE GULF
COAST STATES
1. The authority citation for part 34
continues to read as follows:
■
Authority: 31 U.S.C. 301; 31 U.S.C. 321; 33
U.S.C. 1251 et seq.
2. In § 34.302, revise the section
heading and add a second sentence in
paragraph (e) to read as follows:
■
§ 34.302 Allocation of funds—Direct
Component.
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*
*
*
*
(e) * * * The share of each coastal
zone parish is as follows: Ascension,
2.42612%; Assumption, 0.93028%;
Calcasieu, 5.07063%; Cameron,
2.10096%; Iberia, 2.55018%; Jefferson,
11.95309%; Lafourche, 7.86746%;
Livingston, 3.32725%; Orleans,
7.12875%; Plaquemines, 17.99998%; St.
Bernard, 9.66743%; St. Charles,
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David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2014–24283 Filed 10–9–14; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0862]
RIN 1625–AA00
Safety Zone: Suisun Bay
Electromagnetic Scan and Ordnance
Recovery, Suisun Bay, Concord, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 is effective without
actual notice from October 10, 2014
until October 31, 2014. For the purposes
of enforcement, actual notice will be
used from September 29, 2014, through
October 31, 2014. This rule will be
enforced from 7 a.m. to 6 p.m. on the
dates mentioned above.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0862. 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.,
SUMMARY:
List of Subjects in 31 CFR Part 34
*
1.35717%; St. James, 0.75600%; St. John
the Baptist, 1.11915%; St. Martin,
2.06890%; St. Mary, 1.80223%; St.
Tammany, 5.53058%; Terrebonne,
9.91281%; Tangipahoa, 3.40337%; and
Vermilion, 3.02766%.
*
*
*
*
*
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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 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 or submitting material to the
docket, call Barbara Hairston, 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
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(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. MOTCO notified the Coast
Guard on September 4, 2014 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. It would be impracticable to
collect and respond to comments before
the recovery operations begin. 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.
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;
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Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
MOTCO is conducting
Electromagnetic Scan and Ordnance
Recovery operations from September 29,
2014 through October 31, 2014 in the
navigable waters of the Suisun Bay, CA
as depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18656. 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.
They completed 33 of the locations in
2013 and are now finishing the last 22.
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 September 29, 2014 to October 31,
2014 between the hours of 7 a.m. and
6 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 500
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
September 29, 2014 to October 31, 2014
between the hours of 7 a.m. and 6 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°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. At
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16:20 Oct 09, 2014
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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 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 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 will 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 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.
This rule may affect owners and
operators of waterfront facilities,
commercial vessels, and pleasure craft
engaged in recreational activities and
sightseeing. The safety zones will not
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61239
have a significant economic impact on
a substantial number of small entities
for the following reasons. The safety
zones will be activated, and thus subject
to enforcement, for a limited duration.
When the safety zones are activated,
vessel traffic could pass safely around
the safety zones. The maritime public
will be advised in advance of the safety
zones 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 will not call for a 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
determined that this rule 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
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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations
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.
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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.
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16:20 Oct 09, 2014
Jkt 235001
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
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.T11–666 to
read as follows:
■
§ 165.T11–666 Safety zone; Suisun Bay
Electromagnetic Scan and Ordnance
Recovery, Suisun Bay, Concord, CA.
(a) Location. A temporary 500 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
PO 00000
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Fmt 4700
Sfmt 9990
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.
(b) Enforcement period. The zones
described in paragraph (a) of this
section will be in effect from September
29, 2014 through October 31, 2014
between the hours of 7 a.m. until 6 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 pursuant to a
Memorandum of Understanding with
that agency, to assist in the enforcement
of the safety zones.
(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.
Dated: September 25, 2014.
Michael H. Day,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco, Acting.
[FR Doc. 2014–24292 Filed 10–9–14; 8:45 am]
BILLING CODE 9110–04–P
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Agencies
[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Rules and Regulations]
[Pages 61238-61240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24292]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0862]
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 is effective without actual notice from October 10,
2014 until October 31, 2014. For the purposes of enforcement, actual
notice will be used from September 29, 2014, through October 31, 2014.
This rule will be enforced from 7 a.m. to 6 p.m. on the dates mentioned
above.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0862. 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 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 or submitting
material to the docket, call Barbara Hairston, 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 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(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. MOTCO notified the Coast Guard on
September 4, 2014 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. It would be impracticable to collect and respond to comments
before the recovery operations begin. 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.
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;
[[Page 61239]]
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish safety zones.
MOTCO is conducting Electromagnetic Scan and Ordnance Recovery
operations from September 29, 2014 through October 31, 2014 in the
navigable waters of the Suisun Bay, CA as depicted in National Oceanic
and Atmospheric Administration (NOAA) Chart 18656. 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. They completed 33 of
the locations in 2013 and are now finishing the last 22.
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 September 29, 2014 to October 31, 2014
between the hours of 7 a.m. and 6 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 500 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 September 29, 2014 to October 31, 2014 between the
hours of 7 a.m. and 6 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]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. 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 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 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 will 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 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.
This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. The safety zones will not have a
significant economic impact on a substantial number of small entities
for the following reasons. The safety zones will be activated, and thus
subject to enforcement, for a limited duration. When the safety zones
are activated, vessel traffic could pass safely around the safety
zones. The maritime public will be advised in advance of the safety
zones 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 will not call for a 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 determined
that this rule 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
[[Page 61240]]
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.T11-666 to read as follows:
Sec. 165.T11-666 Safety zone; Suisun Bay Electromagnetic Scan and
Ordnance Recovery, Suisun Bay, Concord, CA.
(a) Location. A temporary 500 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.
(b) Enforcement period. The zones described in paragraph (a) of
this section will be in effect from September 29, 2014 through October
31, 2014 between the hours of 7 a.m. until 6 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 pursuant to a Memorandum of Understanding with that agency, to
assist in the enforcement of the safety zones.
(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: September 25, 2014.
Michael H. Day,
Captain, U.S. Coast Guard, Captain of the Port San Francisco, Acting.
[FR Doc. 2014-24292 Filed 10-9-14; 8:45 am]
BILLING CODE 9110-04-P