Safety Zone; COVID-19 NorCal Maritime 2020, San Francisco Bay, CA, 15724-15727 [2020-05590]
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Rules and Regulations
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.
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, Rev. 1, associated
implementing instructions, and
Environmental Planning 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
involves a safety zone that would
establish a 50-yard radius around
transiting and moored liquefied gas
carriers. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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:
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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;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 165.754 to read as follows:
§ 165.754 Safety Zone; San Juan Harbor,
San Juan, PR.
(a) Regulated area. A moving safety
zone is established in the following
area:
(1) The waters around liquefied gas
(LG) carriers entering San Juan Harbor
in an area one half mile around each
vessel, beginning one mile north of the
Bahia de San Juan Lighted Buoy #3, in
approximate position 18°28′17.8″ N,
066°07′36.4″ W and continuing until the
vessel is moored at the Puma Energy
dock, Catan˜o Oil dock, or Wharf B in
approximate position 18°25′47″ N,
066°6′32″ W. All coordinates are North
American Datum 1983.
(2) The waters around LG carriers in
a 50-yard radius around each vessel
when moored at the Puma Energy dock,
Catan˜o Oil dock, or Wharf B.
(3) The waters around LG carriers
departing San Juan Harbor in an area
one half mile around each vessel
beginning at the Puma Energy Dock,
Catan˜o Oil dock, or Wharf B in
approximate position 18°25′47″ N,
066°6′32″ W when the vessel gets
underway, and continuing until the
stern passes the Bahia de San Juan
Lighted Buoy #3, in approximate
position 18°28′17.8″ N, 066°07′36.4″ W.
All coordinates referenced use datum:
NAD 83.
(b) Regulations. (1) No person or
vessel may enter, transit or remain in
the safety zone unless authorized by the
Captain of the Port (COTP), San Juan,
Puerto Rico, or a designated Coast
Guard commissioned, warrant, or petty
officer. Those operating in the safety
zone with the COTP’s authorization
must comply with all lawful orders or
directions given to them by the COTP or
his designated representative.
(2) Persons desiring to transit the area
of the safety zones may contact the
COTP San Juan or his designated
representative to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the COTP or his
designated representative.
(3) Vessels encountering emergencies,
which require transit through the
moving safety zone, should contact the
Coast Guard patrol craft or Duty Officer
on VHF Channel 16. In the event of an
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emergency, the Coast Guard patrol craft
may authorize a vessel to transit through
the safety zone with a Coast Guard
designated escort.
(4) The Captain of the Port and the
Duty Officer at Sector San Juan, Puerto
Rico, can be contacted at telephone
number 787–289–2041. The Coast
Guard Patrol Commander enforcing the
safety zone can be contacted on VHF–
FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will,
when necessary and practicable, notify
the maritime community of periods
during which the safety zones will be in
effect by providing advance notice of
scheduled arrivals and departure of
liquefied gas carriers via a Marine
Broadcast Notice to Mariners.
(6) All persons and vessels must
comply with the instructions of onscene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, or petty officers of the U.S.
Coast Guard. Coast Guard Auxiliary and
local or state officials may be present to
inform vessel operators of the
requirements of this section, and other
applicable laws.
Dated: March 13, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2020–05693 Filed 3–18–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0166]
RIN 1625–AA00
Safety Zone; COVID–19 NorCal
Maritime 2020, San Francisco Bay, 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 surrounding the cruise ship GRAND
PRINCESS due to the presence of at
least 21 people onboard reportedly
testing positive for COVID–19. Federal,
state, and local health officials have
determined that the vessel presents a
risk of spreading communicable disease
within the United States. Based on this
information, this safety zone is
necessary to protect personnel from
potential safety hazards onboard the
cruise ship GRAND PRINCESS.
Unauthorized persons or vessels are
SUMMARY:
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Rules and Regulations
prohibited from entering into, transiting
through, or remaining in the safety zone
without permission of the Captain of the
Port San Francisco or a Captain of the
Port San Francisco’s designated
representative.
This temporary final rule is
effective without actual notice from
March 19, 2020 through 12:59 p.m. on
April 15, 2020. For the purposes of
enforcement, actual notice will be used
from 11 a.m. March 15, 2020 through
March 19, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0166 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 Lieutenant Emily Rowan, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7443, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
II. Background Information and
Regulatory History
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034. The
Captain of the Port San Francisco has
determined that potential
communicable disease hazards
associated with the GRAND PRINCESS
transiting into and remaining in the San
Francisco Bay, starting on March 8,
2020, will be a safety concern for
anyone within a 500-yard radius of the
cruise ship while it is underway, and
within a 100-yard radius of the cruise
ship while it is anchored or moored.
This rule is needed to protect personnel
and vessels in the navigable waters
surrounding the cruise ship.
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
notice of the need for this safety zone on
March 8, 2020. It is impracticable to go
through the full rulemaking process,
including providing a reasonable
comment period and considering those
comments, because the Coast Guard
must establish this temporary safety
zone by March 15, 2020.
The Coast Guard previously issued an
emergency temporary final rule for a
safety zone effective from March 8, 2020
at 12 p.m. until March 15, 2020 at 11
a.m. (Docket number USCG–2019–
IV. Discussion of the Rule
This rule establishes a temporary
safety zone around the cruise ship
GRAND PRINCESS from 11 a.m. on
March 15, 2020 through 11:59 p.m. on
April 15, 2020. The safety zone will
encompass the navigable waters of San
Francisco Bay and areas shoreward of
the line drawn between San Francisco
Main Ship Channel Lighted Bell Buoy 7
and San Francisco Main Ship Channel
Lighted Whistle Buoy 8 (LLNR 4190 &
4195) in positions 37°46.9′ N, 122°35.4′
W and 37°46.5′ N, 122°35.2′ W,
respectively, from surface to bottom,
within the area 500 yards ahead, astern
and extending along either side of the
GRAND PRINCESS while the vessel is
underway, and within the area 100
yards ahead, astern and extending along
either side of the GRAND PRINCESS
while it is anchored or moored.
This regulation is needed to keep
persons and vessels away from the
immediate vicinity of the cruise ship to
ensure the safety of personnel and
vessels. 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
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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0166). Federal, state, and local health
officials have indicated that the risk of
spreading communicable disease within
the United States posed by the presence
of at least 21 people onboard the
GRAND PRINCESS reportedly testing
positive for COVID–19 will continue
beyond March 15, 2020.
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 from potential
hazards onboard the cruise ship GRAND
PRINCESS, which is carrying at least 21
people who have reportedly tested
positive for COVID–19.
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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. Additionally, 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.
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Rules and Regulations
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.
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 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.
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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
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16:12 Mar 18, 2020
Jkt 250001
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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 established to deal with an
emergency situation that will prohibit
entry to the area surrounding the cruise
ship GRAND PRINCESS, which has at
least 21 people onboard who have tested
positive for COVID–19. 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.
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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;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–022 to read as
follows:
■
§ 165.T11–022 Safety Zone; COVID–19
NorCal Maritime 2020, San Francisco Bay,
CA.
(a) Location. This temporary safety
zone encompasses the navigable waters
of San Francisco Bay and areas
shoreward of the line drawn between
San Francisco Main Ship Channel
Lighted Bell Buoy 7 and San Francisco
Main Ship Channel Lighted Whistle
Buoy 8 (LLNR 4190 & 4195) in positions
37°46.9′ N, 122°35.4′ W and 37°46.5′ N,
122°35.2′ W, respectively, from surface
to bottom, within the area 500 yards
ahead, astern and extending along either
side of the GRAND PRINCESS while the
vessel is underway, and within the area
100 yards ahead, astern and extending
along either side of the GRAND
PRINCESS while it is anchored or
moored.
(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
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the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from March 15, 2020 at
11 a.m. through April 15, 2020 at 11:59
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 33 CFR
165.7.
Dated: March 12, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0021]
RIN 1625–AA00
Safety Zone; Cumberland River,
Nashville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing an emergency temporary
safety zone for all navigable waters of
the Cumberland River extending from
mile marker (MM) 182 to MM 194 near
Nashville, TN. This emergency safety
zone is needed to protect life, vessels,
and the marine environment due to
damage caused by a tornado near
Nashville, TN. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
DATES: This rule is effective without
actual notice from March 19, 2020 until
April 2, 2020 or until the hazards have
been mitigated. For the purposes of
enforcement, actual notice will be used
from March 3, 2020 until March 19,
2020.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0021 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 Riley Jackson, Sector
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ADDRESSES:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio
Valley
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
[FR Doc. 2020–05590 Filed 3–18–20; 8:45 am]
ACTION:
Ohio Valley, U.S. Coast Guard;
telephone 502–779–5347, email
SECOHV-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
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 (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. On March 3, 2020, a tornado
near MM 190 caused significant damage
to the waterway near Nashville, TN. The
safety zone must be established
immediately to protect people and
vessels near the impacted portion of the
waterway, and we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule. This safety zone
may include closures and/or navigation
restrictions and requirements that are
vital to maintaining safe navigation on
the Cumberland River. Therefore,
delaying the effective date for this
emergency safety zone to complete the
NPRM process would also be contrary to
the public interest as it would delay the
safety measures vital to safe navigation.
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 contrary to public
interest because immediate action is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the sunken
vessel.
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
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15727
Captain of the Port Sector Ohio Valley
(COTP) has determined that due to the
damage from the tornado, there will be
a safety concern for anyone within mile
marker (MM) 182 to MM 194 on the
Cumberland River. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while
damage assessments are conducted.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary emergency safety zone for all
navigable waters on the Cumberland
River from Mile Marker (MM) 182 to
MM 194, extending the entire width of
the Cumberland River. Transit into and
through this area is prohibited for all
traffic beginning March 3, 2020 and will
continue through April 2, 2020 or until
the hazard has been mitigated. The
COTP will terminate the enforcement of
this safety zone before April 2, 2020 if
the hazards to the waterway have been
mitigated. Entry into this safety zone is
prohibited unless specifically
authorized by the COTP or his
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 Sector
Ohio Valley.
Requests for entry will be considered
and reviewed on a case-by-case basis.
The COTP may be contacted by
telephone at 502–779–5422 or can be
reached by VHF–FM channel 16.
Persons and vessels permitted to enter
this safety zone must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
the designated representative.
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
E:\FR\FM\19MRR1.SGM
19MRR1
]]>Agencies
[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Rules and Regulations]
[Pages 15724-15727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05590]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0166]
RIN 1625-AA00
Safety Zone; COVID-19 NorCal Maritime 2020, San Francisco Bay, 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 surrounding the cruise ship GRAND
PRINCESS due to the presence of at least 21 people onboard reportedly
testing positive for COVID-19. Federal, state, and local health
officials have determined that the vessel presents a risk of spreading
communicable disease within the United States. Based on this
information, this safety zone is necessary to protect personnel from
potential safety hazards onboard the cruise ship GRAND PRINCESS.
Unauthorized persons or vessels are
[[Page 15725]]
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port San Francisco
or a Captain of the Port San Francisco's designated representative.
DATES: This temporary final rule is effective without actual notice
from March 19, 2020 through 12:59 p.m. on April 15, 2020. For the
purposes of enforcement, actual notice will be used from 11 a.m. March
15, 2020 through March 19, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0166 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 Lieutenant Emily Rowan, U.S. Coast Guard Sector San
Francisco; 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 notice of the need for this safety zone on March 8, 2020. It
is impracticable to go through the full rulemaking process, including
providing a reasonable comment period and considering those comments,
because the Coast Guard must establish this temporary safety zone by
March 15, 2020.
The Coast Guard previously issued an emergency temporary final rule
for a safety zone effective from March 8, 2020 at 12 p.m. until March
15, 2020 at 11 a.m. (Docket number USCG-2019-0166). Federal, state, and
local health officials have indicated that the risk of spreading
communicable disease within the United States posed by the presence of
at least 21 people onboard the GRAND PRINCESS reportedly testing
positive for COVID-19 will continue beyond March 15, 2020.
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 from potential hazards onboard the cruise ship GRAND
PRINCESS, which is carrying at least 21 people who have reportedly
tested positive for COVID-19.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. The Captain of the Port San Francisco has determined that
potential communicable disease hazards associated with the GRAND
PRINCESS transiting into and remaining in the San Francisco Bay,
starting on March 8, 2020, will be a safety concern for anyone within a
500-yard radius of the cruise ship while it is underway, and within a
100-yard radius of the cruise ship while it is anchored or moored. This
rule is needed to protect personnel and vessels in the navigable waters
surrounding the cruise ship.
IV. Discussion of the Rule
This rule establishes a temporary safety zone around the cruise
ship GRAND PRINCESS from 11 a.m. on March 15, 2020 through 11:59 p.m.
on April 15, 2020. The safety zone will encompass the navigable waters
of San Francisco Bay and areas shoreward of the line drawn between San
Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main
Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions
37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W,
respectively, from surface to bottom, within the area 500 yards ahead,
astern and extending along either side of the GRAND PRINCESS while the
vessel is underway, and within the area 100 yards ahead, astern and
extending along either side of the GRAND PRINCESS while it is anchored
or moored.
This regulation is needed to keep persons and vessels away from the
immediate vicinity of the cruise ship to ensure the safety of personnel
and vessels. 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. Additionally, 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.
[[Page 15726]]
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.
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
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
established to deal with an emergency situation that will prohibit
entry to the area surrounding the cruise ship GRAND PRINCESS, which has
at least 21 people onboard who have tested positive for COVID-19. 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.T11-022 to read as follows:
Sec. 165.T11-022 Safety Zone; COVID-19 NorCal Maritime 2020, San
Francisco Bay, CA.
(a) Location. This temporary safety zone encompasses the navigable
waters of San Francisco Bay and areas shoreward of the line drawn
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195)
in positions 37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N,
122[deg]35.2' W, respectively, from surface to bottom, within the area
500 yards ahead, astern and extending along either side of the GRAND
PRINCESS while the vessel is underway, and within the area 100 yards
ahead, astern and extending along either side of the GRAND PRINCESS
while it is anchored or moored.
(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
[[Page 15727]]
the 24-hour Command Center at telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from March
15, 2020 at 11 a.m. through April 15, 2020 at 11:59 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 33 CFR 165.7.
Dated: March 12, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2020-05590 Filed 3-18-20; 8:45 am]
BILLING CODE 9110-04-P
