Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, San Francisco Bay, San Francisco, CA, 60334-60337 [2019-24380]
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Rules and Regulations
these reasons, the agency has
determined that publishing a noticed of
proposed rulemaking and providing
opportunity for public comment is
unnecessary.
Further, the APA permits an agency to
make this rule effective upon the date of
publication because it is not a
substantive rule. See 5 U.S.C. 553(d).
Furthermore, the Department finds that
there is good cause for the final rule to
take effect upon publication, since the
revisions made by this rule are minor,
non-substantive, and technical, and
there is no reason to delay these
changes. Id.
E. Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 603, 604, and
605(b), a Regulatory Flexibility Analysis
is not required for this final rule because
the Department was not required to
publish a general notice of proposed
rulemaking for this matter.
F. Unfunded Mandates Reform Act of
1995
G. Paperwork Reduction Act of 1995
This final rule does not impose any
new reporting or recordkeeping
requirements under the Paperwork
Reduction Act 44 U.S.C. 3501–3521.
H. Congressional Review Act
Pursuant to the Congressonal Review
Act, 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
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List of Subjects in 27 CFR Part 478
Administrative practice and
procedure, Arms and munitions,
Customs duties and inspection, Exports,
Imports, Intergovernmental relations,
Law enforcement officers, Military
personnel, Penalties, Reporting and
recordkeeping requirements, Research,
Seizures and forfeitures, Transportation.
Authority and Issuance
Accordingly, for the reasons
discussed in the preamble, 27 CFR part
478 is amended as follows:
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Jkt 250001
1. The authority citation for 27 CFR
part 478 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 18 U.S.C. 921–
931; 44 U.S.C. 3504(h).
§ 478.171
[Amended]
2. Amend § 478.171 by removing ‘‘and
manufactured after September 13,
1994,’’ and ‘‘or were’’ in the last
sentence of the paragraph and adding
‘‘was’’ before ‘‘exported’’ in the last
sentence of the paragraph.
■
Dated: November 1, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019–24301 Filed 11–7–19; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1525.
VerDate Sep<11>2014
PART 478—COMMERCE IN FIREARMS
AND AMMUNITION
[Docket No. USCG–2019–0776]
Special Local Regulations; San Diego
Parade of Lights, San Diego, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the San Diego Parade of Lights special
local regulations on the waters of San
Diego Bay, California on December 8,
2019 and December 15, 2019. These
special local regulations are necessary to
provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
DATES: The regulations in 33 CFR
100.1101 will be enforced from 5 p.m.
through 8:30 p.m. on December 8, 2019
and December 15, 2019 for Item 5 in
Table 1 of § 100.1101.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
publication of enforcement, call or
email Lieutenant Briana Biagas,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
(619) 278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
SUMMARY:
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regulations in 33 CFR 100.1101 for the
San Diego Parade of Lights in San Diego
Bay, CA in Table 1, Item 5 of that
section from 5 p.m. until 8:30 p.m. on
December 8, 2019 and December 15,
2019. This enforcement action is being
taken to provide for the safety of life on
navigable waterways during the event.
The Coast Guard’s regulation for
recurring marine events in the San
Diego Captain of the Port Zone
identifies the regulated entities and area
for this event. During the enforcement
periods and under the provisions of 33
CFR 100.1101, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area, unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners,
marine information broadcasts, and
local advertising by the event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a Broadcast Notice to Mariners or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
Dated: November 4, 2019.
D.P. Montoro,
Captain, U.S. Coast Guard, Acting Captain
of the Port San Diego.
[FR Doc. 2019–24383 Filed 11–7–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0859]
RIN 1625–AA00
Safety Zone; Coast Guard PSU–312
Training Exercise South Bay, San
Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of San Francisco
Bay offshore of San Francisco, CA in
support of the Coast Guard PSU–312
SUMMARY:
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Rules and Regulations
training exercise. This safety zone is
necessary to protect personnel, vessels,
and the marine environment from
potential hazards created by the Coast
Guard PSU–312 on-water training and
associated operations. 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
San Francisco or a designated
representative.
This rule is effective from 9:00
a.m. on November 15, 2019 until 10:00
p.m. on November 16, 2019.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0859 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email LT Emily K. Rowan, Waterways
Management, U.S. Coast Guard;
telephone (415) 399–7443, email
SFWaterways@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking with
respect to this rule because it is
impracticable. The Coast Guard received
the final details of the training on
October 8, 2019. It is impracticable to go
through the entire notice and comment
rulemaking process because the Coast
Guard must establish this temporary
safety zone by November 15, 2019 and
lacks sufficient time to provide a
reasonable comment period and
consider those comments before issuing
the rule.
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Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters around the potentially hazardous
on-water training and associated
operations involving vessels firing blank
rounds.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco has
determined that potential hazards
associated with the Coast Guard PSU–
312 training operations scheduled to
occur on November 15, 2019 and
November 16, 2019 will be a safety
concern for anyone within the
designated exercise area. The on-water
training will involve vessels firing blank
rounds. For this reason, this temporary
safety zone is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
surrounding the potentially hazardous
activity.
IV. Discussion of the Rule
This rule establishes a safety zone
around the Coast Guard PSU–312
training operations offshore of Pier 96 in
San Francisco Bay, San Francisco, CA
on November 15, 2019 from 9:00 a.m.
until 10:00 p.m., and on November 16,
2019 from 9:00 a.m. until 10:00 p.m.
The safety zone will encompass the
navigable waters of San Francisco Bay,
from surface to bottom, within the area
formed by connecting the following
latitude and longitude points in the
following order: 37°44.72′ N 122°22.35′
W, thence to 37°44.89′ N 122°22.12′ W,
thence to 37°44.48′ N 122°21.73′ W,
thence to 37°44.30′ N 122°22.05′ W,
thence to 37°44.41′ N 122°22.06′ W
(NAD 83), and thence to the point of
beginning; or as announced via
Broadcast Notice to Mariners.
This regulation is needed to keep
persons and vessels away from the
immediate vicinity of the training
operations to ensure the safety of
personnel, vessels, and the marine
environment. Except for persons or
vessels authorized by the COTP or the
COTP’s designated representative, no
person or vessel may enter or remain in
the restricted area. A ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel or
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60335
a Federal, State, or local officer
designated by or assisting the COTP in
the enforcement of the safety zone.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
safety zone. Although this rule restricts
access to the water encompassed by the
safety zone, the effect of this rule will
not be significant because the local
waterway users will be notified to
ensure the safety zone will result in
minimum impact. The vessels desiring
to transit through or around the
temporary safety zone may do so upon
express permission from the COTP or
the COTP’s designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary safety zone may be small
entities, for the reasons stated in section
V.A. above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Rules and Regulations
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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15:59 Nov 07, 2019
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and U.S. Coast Guard
Environmental Planning Policy,
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry to the area
surrounding the potentially hazardous
Coast Guard training operations. It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of Department of Homeland
Security Directive 023–01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
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Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–006 to read as
follows:
■
§ 165.T11–006 Safety Zone; Coast Guard
PSU–312 Training Exercise South Bay, San
Francisco Bay, San Francisco, CA.
(a) Location. The following is a safety
zone: The safety zone will encompass
the navigable waters of San Francisco
Bay, from surface to bottom, within the
area formed by connecting the following
latitude and longitude points in the
following order: 37°44.72′ N 122°22.35′
W, thence to 37°44.89′ N 122°22.12′ W,
thence to 37°44.48′ N 122°21.73′ W,
thence to 37°44.30′ N 122°22.05′ W,
thence to 37°44.41′ N 122°22.06′ W
(NAD 83), and thence to the point of
beginning; or as announced via
Broadcast Notice to Mariners.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced on November 15, 2019
from 9:00 a.m. until 10:00 p.m., and on
November 16, 2019 from 9:00 a.m. until
10:00 p.m.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
enforced in accordance with § 165.7.
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Rules and Regulations
Dated: November 1, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2019–24380 Filed 11–7–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0530]
RIN 1625–AA00
Safety Zone; Ohio River, Miles 103.0 to
105.0, Moundsville, WV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Ohio River
from Mile 103.0 to Mile 105.0. This
action is necessary to protect persons,
vessels, and the marine environment
from potential hazards associated with
power line work across the river. Entry
of persons or vessels into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative.
DATES: This rule is effective from
November 11, 2019 through December
11, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0530 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Trevor VanNatta,
Marine Safety Unit Pittsburgh, U.S.
Coast Guard; telephone 412–221–0807,
email Trevor.J.VanNatta@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
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15:59 Nov 07, 2019
Jkt 250001
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. This safety zone must be
established by November 11, 2019 and
we lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the date of the power
line work and compromise public
safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with power line work, which
could pose a risk to the operation and
waterways users if the normal vessel
traffic were to interfere with the work.
Possible hazards include risks of injury
or death from near or actual contact
among working vessels and mariners
traversing through the safety zone.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
potential hazards associated with power
line pulls across the Ohio River will be
a safety hazard for anyone within a two
mile stretch of the Ohio River. The rule
is needed to protect people from power
line work which could pose a risk to the
operation and waterways users if the
normal vessel traffic were to interfere
with the work. Possible hazards include
risks of injury or death from near or
actual contact among working vessels
and mariners traversing through the
safety zone.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone that will be enforced from 7
a.m. through 5:30 p.m. from November
11, 2019 through December 11, 2019.
The safety zone will cover all navigable
waters of the Ohio River, from mile
103.0 to mile 105.0. The duration of the
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60337
zone is intended to protect persons,
vessels, and the marine environment on
these navigable waters before, during,
and after the power line pulls. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Marine
Safety Unit Pittsburgh. Persons and
vessels seeking entry into this safety
zone must request permission from the
COTP or a designated representative.
They may be contacted on VHF–FM
Channel 16 or by telephone at (412)
221–0807. Persons and vessels
permitted to enter this safety zone must
transit at their slowest safe speed and
comply with all lawful instructions of
the COTP or a designated
representative. Breaks in the power line
work will occur during the enforcement
periods, which will allow vessels to
pass through the safety zone. The COTP
or a designated representative will
inform the public of the enforcement
period for the safety zone as well as any
changes in the schedule through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs) as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, duration, and
location of the safety zone. This rule
will impact a two mile stretch of the
Ohio River from 7 a.m. through 5:30
p.m. daily from November 11, 2019
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]]>Agencies
[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Rules and Regulations]
[Pages 60334-60337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24380]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0859]
RIN 1625-AA00
Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, San
Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of San Francisco Bay offshore of San Francisco, CA in
support of the Coast Guard PSU-312
[[Page 60335]]
training exercise. This safety zone is necessary to protect personnel,
vessels, and the marine environment from potential hazards created by
the Coast Guard PSU-312 on-water training and associated operations.
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 San Francisco or a designated
representative.
DATES: This rule is effective from 9:00 a.m. on November 15, 2019 until
10:00 p.m. on November 16, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0859 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Emily K. Rowan, Waterways Management, U.S. Coast
Guard; telephone (415) 399-7443, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because it is impracticable. The Coast Guard
received the final details of the training on October 8, 2019. It is
impracticable to go through the entire notice and comment rulemaking
process because the Coast Guard must establish this temporary safety
zone by November 15, 2019 and lacks sufficient time to provide a
reasonable comment period and consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
protect personnel, vessels, and the marine environment in the navigable
waters around the potentially hazardous on-water training and
associated operations involving vessels firing blank rounds.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
Coast Guard PSU-312 training operations scheduled to occur on November
15, 2019 and November 16, 2019 will be a safety concern for anyone
within the designated exercise area. The on-water training will involve
vessels firing blank rounds. For this reason, this temporary safety
zone is needed to protect personnel, vessels, and the marine
environment in the navigable waters surrounding the potentially
hazardous activity.
IV. Discussion of the Rule
This rule establishes a safety zone around the Coast Guard PSU-312
training operations offshore of Pier 96 in San Francisco Bay, San
Francisco, CA on November 15, 2019 from 9:00 a.m. until 10:00 p.m., and
on November 16, 2019 from 9:00 a.m. until 10:00 p.m. The safety zone
will encompass the navigable waters of San Francisco Bay, from surface
to bottom, within the area formed by connecting the following latitude
and longitude points in the following order: 37[deg]44.72' N
122[deg]22.35' W, thence to 37[deg]44.89' N 122[deg]22.12' W, thence to
37[deg]44.48' N 122[deg]21.73' W, thence to 37[deg]44.30' N
122[deg]22.05' W, thence to 37[deg]44.41' N 122[deg]22.06' W (NAD 83),
and thence to the point of beginning; or as announced via Broadcast
Notice to Mariners.
This regulation is needed to keep persons and vessels away from the
immediate vicinity of the training operations to ensure the safety of
personnel, vessels, and the marine environment. Except for persons or
vessels authorized by the COTP or the COTP's designated representative,
no person or vessel may enter or remain in the restricted area. A
``designated representative'' means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel or a Federal, State, or local officer
designated by or assisting the COTP in the enforcement of the safety
zone.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the water encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will be notified to ensure the safety zone
will result in minimum impact. The vessels desiring to transit through
or around the temporary safety zone may do so upon express permission
from the COTP or the COTP's designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
[[Page 60336]]
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy,
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves a safety zone that
will prohibit entry to the area surrounding the potentially hazardous
Coast Guard training operations. It is categorically excluded from
further review under paragraph L60(a) in Table 3-1 of Department of
Homeland Security Directive 023-01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-006 to read as follows:
Sec. 165.T11-006 Safety Zone; Coast Guard PSU-312 Training Exercise
South Bay, San Francisco Bay, San Francisco, CA.
(a) Location. The following is a safety zone: The safety zone will
encompass the navigable waters of San Francisco Bay, from surface to
bottom, within the area formed by connecting the following latitude and
longitude points in the following order: 37[deg]44.72' N 122[deg]22.35'
W, thence to 37[deg]44.89' N 122[deg]22.12' W, thence to 37[deg]44.48'
N 122[deg]21.73' W, thence to 37[deg]44.30' N 122[deg]22.05' W, thence
to 37[deg]44.41' N 122[deg]22.06' W (NAD 83), and thence to the point
of beginning; or as announced via Broadcast Notice to Mariners.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced on November
15, 2019 from 9:00 a.m. until 10:00 p.m., and on November 16, 2019 from
9:00 a.m. until 10:00 p.m.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced in accordance with Sec. 165.7.
[[Page 60337]]
Dated: November 1, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-24380 Filed 11-7-19; 8:45 am]
BILLING CODE 9110-04-P
