Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, San Francisco Bay, San Francisco, CA, 3657-3659 [2023-01194]
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Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Rules and Regulations
§ 94.106
[Amended]
11. Amend § 94.108 in paragraph
(b)(2) by removing ‘‘42 U.S.C. 10604(h)’’
and adding in its place ‘‘34 U.S.C.
20110(h)’’.
the navigable waters of San Francisco
Bay, near Treasure Island, San
Francisco, CA, in support of the Coast
Guard Port Security Unit (PSU)–312
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, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port
San Francisco or a designated
representative.
§ 94.111
DATES:
9. Amend § 94.106 in paragraph (a) by
removing ‘‘2 CFR 200.331’’ and adding
in its place ‘‘2 CFR 200.332’’.
■
§ 94.107
[Amended]
10. Amend § 94.107 in paragraph (a)
by removing ‘‘42 U.S.C. 10603(b)(3)’’
and adding in its place ‘‘34 U.S.C.
20103(b)(3)’’.
■
§ 94.108
[Amended]
■
[Amended]
12. Amend § 94.111 by removing ‘‘42
U.S.C. 10603(b)(1)’’ and adding in its
place ‘‘34 U.S.C. 20103(b)(1)’’.
■
§ 94.112
[Amended]
13. Amend § 94.112 in paragraph (b)
introductory text by removing ‘‘42
U.S.C. 10603(b)(1)(B)’’ and adding in its
place ‘‘34 U.S.C. 20103(b)(1)(B)’’.
■
§ 94.113
14. Amend § 94.113 in paragraph (b)
by removing ‘‘42 U.S.C. 10603(b)(1)(C)’’
and adding in its place ‘‘34 U.S.C.
20103(b)(1)(C)’’.
Dated: January 11, 2023.
Maureen A. Henneberg,
Deputy Assistant Attorney General for
Operations and Management, Office of Justice
Programs.
[FR Doc. 2023–01023 Filed 1–19–23; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0061]
RIN 1625–AA00
lotter on DSK11XQN23PROD with RULES1
Safety Zone; Coast Guard PSU–312
Training Exercise South Bay, San
Francisco Bay, San Francisco, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
15:54 Jan 19, 2023
If
you have questions on this rule, call or
email LT Anthony I. Solares, Waterways
Management, U.S. Coast Guard;
telephone (415) 399–3585, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
[Amended]
15. Amend § 94.114 in paragraphs (a)
and (b) by removing ‘‘42 U.S.C.
10604(e)’’ and adding in its place ‘‘34
U.S.C. 20110(e)’’.
■
VerDate Sep<11>2014
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0061 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
[Amended]
■
§ 94.114
This rule is effective on January
21, 2023, from 9 a.m. through 6:30 p.m.
Jkt 259001
I. Table of Abbreviations
CFR Code of Federal Regulations
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
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. The Coast Guard received
the final details of the training on
January 12, 2023. It is impracticable to
publish an NPRM because we must
establish this safety zone by January 21,
2023, and lack sufficient time to provide
a reasonable comment period and
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3657
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 contrary to the public
interest 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 January 21, 2023, 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 in the waters of the
San Francisco Bay, near Treasure Island,
San Francisco, CA, on January 21, 2023,
from 9 a.m. until 6:30 p.m. The safety
zone will encompass the navigable
waters, from surface to bottom, within a
circle formed by connecting all points
1,000 yards from the circle center at
approximate position 37°49′15.3″ N,
122°21′38.5″ W (NAD 83); 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. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
Captain of the Port Sector San Francisco
(COTP) or a designated representative.
A ‘‘designated representative’’ means a
Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard
vessel or officer designated by or
assisting the COTP in the enforcement
of the safety zone.
The COTP or the COTP’s designated
representative will notify the maritime
community of periods during which this
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20JAR1
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Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Rules and Regulations
zone will be enforced in accordance
with 33 CFR 165.7, including but not
limited to Broadcast Notice to Mariners.
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.
lotter on DSK11XQN23PROD with RULES1
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.
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).
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
safety zone. The zone encompasses
approximately 0.75 square miles of the
waterway for less than 10 hours.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
VerDate Sep<11>2014
15:54 Jan 19, 2023
Jkt 259001
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 call or email 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.
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
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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 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 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 ADDRESSES
section of this preamble.
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:
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T11–120 to read as
follows:
■
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Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Rules and Regulations
§ 165.T11–120 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 encompasses the
navigable waters, from surface to
bottom, within a circle formed by
connecting all points 1,000 yards from
the circle center at approximate position
37°49′15.3″ N, 122°21′38.5″ W (NAD
83); or as announced via Broadcast
Notice to Mariners.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel, or an officer designated by
or assisting the Captain of the Port
Sector 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 January 21, 2023,
from 9 a.m. through 6:30 p.m.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which the safety zone
described in paragraph (a) of this
section will be enforced in accordance
with § 165.7, including but not limited
to Broadcast Notice to Mariners.
lotter on DSK11XQN23PROD with RULES1
Dated: January 17, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2023–01194 Filed 1–19–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–MORA–34555; Docket No. NPS–2022–
0002; PPPWMORAS1 PPMPSPD1Z.YM0000]
RIN 1024–AE66
Mount Rainier National Park; Fishing
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service
removes from the Code of Federal
Regulations special fishing regulations
for Mount Rainier National Park,
including those that restrict the take of
nonnative species. Instead, the National
Park Service will publish closures and
restrictions related to fishing in the
Superintendent’s Compendium for the
park. This action helps implement a
2018 Fish Management Plan that aims to
conserve native fish populations and
restore aquatic ecosystems by reducing
or eliminating nonnative fish.
DATES: This rule is effective on February
21, 2023.
ADDRESSES:
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and search for
‘‘1024–AE66.’’
Document Availability: The Mount
Rainier National Park Fish Management
Plan Environmental Assessment and
Finding of No Significant Impact
provide information and context for this
rule and are available online at https://
parkplanning.nps.gov/mora by clicking
the link entitled ‘‘Archived Projects’’
and then clicking the link entitled
‘‘2018 Mount Rainier National Park
Fisheries Management Plan
Environmental Assessment and Finding
of No Significant Impact’’ and then
clicking the link entitled ‘‘Document
List.’’
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kevin Skerl, Deputy Superintendent,
Mount Rainier National Park, National
Park Service; phone: (360) 569–2211;
email: kevin_skerl@nps.gov. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Significance of the Park
Mount Rainier National Park
encompasses 236,381 acres in west
central Washington, on the western and
eastern slopes of the Cascade Range.
About 83 percent of the park is located
in Pierce County and 17 percent is
located in Lewis County. The park’s
northern boundary is approximately 65
miles southeast of the Seattle-Tacoma
metropolitan area and 65 miles west of
Yakima. The elevations of the park
range from about 1,400 feet at the
Tahoma Woods Administrative Site to
14,410 feet at the summit of Mount
Rainier. About two million people visit
the park annually, with most visitation
(75 percent) occurring between June and
September. In 1988, Congress
designated approximately 97 percent
(228,480 acres) of the park as wilderness
under the Washington Park Wilderness
Act.
The focal point of the park is Mount
Rainier, a towering snow- and icecovered volcano that is a prominent
landmark in the Pacific Northwest.
Mount Rainier is the second most
seismically active and the most
hazardous volcano in the Cascade
Range. The 26 major glaciers that flank
the upper mountain cover 35 square
miles. Steep glaciated valleys and icecarved peaks dominate the park
landscape. The Carbon, Mowich, White,
West Fork White, Nisqually, South
Puyallup, and North Puyallup rivers
and their tributaries carry water from
Mount Rainier to Puget Sound. The
Ohanapecosh and Muddy Fork Cowlitz
flow into the Cowlitz River and on into
the Columbia River. There are
approximately 470 mapped rivers and
streams, including approximately 383
perennial streams and 84 intermittent
streams. With very few exceptions, park
rivers and streams originate within the
park. There are approximately 382 lakes
and ponds, and over 3,000 acres of other
wetland types (e.g., mineral geothermal
springs, waterfalls) in the park.
Fish Resources in the Park
The following 15 fish species are
present in the rivers, streams and lakes
within the park. Of these, eight are
native and seven are nonnative.
No.
Scientific name
Common name
1 .........
2 .........
Oncorhynchus mykiss ..........................................
Oncorhynchus clarkii clarkii .................................
rainbow trout ........................................................
coastal cutthroat trout ..........................................
VerDate Sep<11>2014
15:54 Jan 19, 2023
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E:\FR\FM\20JAR1.SGM
Occurrence
20JAR1
Native (in some locations).
Native.
]]>Agencies
[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Pages 3657-3659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01194]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0061]
RIN 1625-AA00
Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, San
Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of San Francisco Bay, near Treasure Island, San
Francisco, CA, in support of the Coast Guard Port Security Unit (PSU)-
312 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, 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 on January 21, 2023, from 9 a.m. through
6:30 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0061 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 Anthony I. Solares, Waterways Management, U.S. Coast
Guard; telephone (415) 399-3585, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
received the final details of the training on January 12, 2023. It is
impracticable to publish an NPRM because we must establish this safety
zone by January 21, 2023, and lack 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 contrary to the public interest 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 January
21, 2023, 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 in the waters of the San Francisco Bay, near
Treasure Island, San Francisco, CA, on January 21, 2023, from 9 a.m.
until 6:30 p.m. The safety zone will encompass the navigable waters,
from surface to bottom, within a circle formed by connecting all points
1,000 yards from the circle center at approximate position
37[deg]49'15.3'' N, 122[deg]21'38.5'' W (NAD 83); 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. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the Captain of the Port Sector San Francisco (COTP) or a
designated representative. A ``designated representative'' means a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or officer designated by or assisting the COTP in the
enforcement of the safety zone.
The COTP or the COTP's designated representative will notify the
maritime community of periods during which this
[[Page 3658]]
zone will be enforced in accordance with 33 CFR 165.7, including but
not limited to Broadcast Notice to Mariners.
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. 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).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone. The
zone encompasses approximately 0.75 square miles of the waterway for
less than 10 hours. 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.
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
call or email 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.
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
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 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
ADDRESSES section of this preamble.
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:
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-120 to read as follows:
[[Page 3659]]
Sec. 165.T11-120 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
encompasses the navigable waters, from surface to bottom, within a
circle formed by connecting all points 1,000 yards from the circle
center at approximate position 37[deg]49'15.3'' N, 122[deg]21'38.5'' W
(NAD 83); or as announced via Broadcast Notice to Mariners.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, or an officer designated by or
assisting the Captain of the Port Sector 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 January
21, 2023, from 9 a.m. through 6:30 p.m.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which the safety zone described in paragraph (a) of this section will
be enforced in accordance with Sec. 165.7, including but not limited
to Broadcast Notice to Mariners.
Dated: January 17, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2023-01194 Filed 1-19-23; 8:45 am]
BILLING CODE 9110-04-P
