Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA, 24909-24910 [2023-08661]

Download as PDF Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T11–0122 to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 § 100.T11–0122 Special Local Regulation; Sail Grand Prix 2022 Race Event, San Francisco, CA. (a) Regulated area. The regulations in this section apply to all navigable waters of the San Francisco Bay, from surface to bottom, encompassed by a line connecting the following latitude and longitude points, beginning at 37°48′24.3″ N, 122°27′53.5″ W; thence to 37°49′15.6″ N, 122°27′58.1″ W; thence to 37°49′28.9″ N, 122°25′52.1″ W; thence to 37°49′7.5″ N, 122°25′13″ W; thence to 37°48′42″ N, 122°25′13″ W; thence to 37°48′30.5″ N, 122°26′22.6″ W; thence along shore to 37°48′26.9″ N, 122°26′50.5″ W and thence to the point of beginning. (b) Definitions. As used in this section: (1) ‘‘Designated Representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer on a Coast Guard vessel, or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the special local regulation. (2) Zone ‘‘A’’ means the Official Practice Box Area. This zone will encompass all navigable waters of the San Francisco Bay, from surface to bottom, within the area formed by connecting the following latitude and longitude points in the following order: 37°49′19″ N, 122°27′19″ W; thence to 37°49′28″ N, 122°25′52″ W; thence to 37°48′40.9″ N, 122°25′43.6″ W; thence to 37°49′7.5″ N, 122°25′13″ W and thence to the point of beginning. These coordinates are the current projected position for the Official Practice Box Area and will also be announced via Broadcast Notice to Mariners. (3) Zone ‘‘B’’ means the Official Race Box Area, which will be marked by 12 or more colored visual markers within the special regulation area designated in paragraph (a). The position of these VerDate Sep<11>2014 15:44 Apr 24, 2023 Jkt 259001 markers will be specified via Broadcast Notice to Mariners at least three days prior to the event. (4) Zone ‘‘C’’ means the Spectator Area, which is within the special local regulation area designated in paragraph (a) and outside of Zone ‘‘B,’’ the Official Race Box Area. Zone ‘‘C’’ will be defined by latitude and longitude points via Broadcast Notice to Mariners and will be managed by marine event sponsor officials. Vessels shall not anchor within the confines of Zone ‘‘C.’’ (c) Special Local Regulation. The following regulations apply between noon and 5:30 p.m. on the Sail Grand Prix official practice and race days. (1) Only support and race vessels will be authorized by the COTP or designated representative to enter Zone ‘‘B’’ during the race event. Vessel operators desiring to enter or operate with Zone ‘‘A’’ or Zone ‘‘B’’ must contact the COTP or a designated representative to obtain permission to do so. Persons and vessels may request permission to transit Zone ‘‘A’’ on VHF– 23A. (2) Spectator vessels in Zone ‘‘C’’ must maneuver as directed by the COTP or designated representative. When hailed or signaled by the COTP or designated representative by a succession of sharp, short signals by whistle or horn, the hailed vessel must come to an immediate stop and comply with the lawful direction issued. Failure to comply with a lawful direction may result in additional operating restrictions, citation for failure to comply, or both. (3) Spectator vessels in Zone ‘‘C’’ must operate at safe speeds, which will create minimal wake. (4) Vessels with approval from COTP or designated representative to transit through the associated event zones shall maintain headway and not loiter or anchor within the confines of the regulated area. (5) Rafting and anchoring of vessels is prohibited within the regulated area. (d) Enforcement periods. This special local regulation will be enforced for the official practices and race events from noon to 5:30 p.m. each day from May 4, 2023, through May 7, 2023. At least 24 hours in advance of the official practice and race events commencing on May 4, 2023, the COTP will notify the maritime community of periods during which these zones will be enforced via Broadcast Notice to Mariners and in writing via the Coast Guard Boating Public Safety Notice. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 24909 Dated: April 18, 2023. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco. [FR Doc. 2023–08662 Filed 4–24–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2023–0345] Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone in the navigable waters of Suisun Bay, off Concord, CA, in support of explosive on-loading to Military Ocean Terminal Concord (MOTCO) from April 26, 2023, through May 5, 2023. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential explosion within the explosive arc. The safety zone is open to all persons and vessels for transitory use, but vessel operators desiring to anchor or otherwise loiter within the safety zone must obtain the permission of the Captain of the Port San Francisco or a designated representative. All persons and vessels operating within the safety zone must comply with all directions given to them by the Captain of the Port San Francisco or a designated representative. SUMMARY: The regulations in 33 CFR 165.1198 will be enforced from 12:01 a.m. on April 26, 2023, until 11:59 p.m. on May 5, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call, or email Lieutenant Anthony Solares, Coast Guard Sector San Francisco, Waterways Management Division, 415– 399–3585, SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO) regulated area from 12:01 a.m. on April 26, 2023, until 11:59 p.m. on May 5, 2023, or as announced via marine local broadcasts. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential explosion within the explosive arc. The DATES: E:\FR\FM\25APR1.SGM 25APR1 24910 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations regulation for this safety zone, § 165.1198, specifies the location of the safety zone which encompasses the navigable waters in the area between 500 yards of MOTCO Pier 2 in position 38°03′30″ N, 122°01′14″ W and 3,000 yards of the pier. During the enforcement periods, as reflected in § 165.1198(d), if you are the operator of a vessel in the regulated area you must comply with the instructions of the COTP or the designated on-scene patrol personnel. Vessel operators desiring to anchor or otherwise loiter within the safety zone must contact Sector San Francisco Vessel Traffic Service at 415– 556–2760 or VHF Channel 14 to obtain permission. In addition to this notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via marine information broadcasts. Dated: April 18, 2023. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2023–08661 Filed 4–24–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0343] RIN 1625–AA87 Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing three temporary, 500-yard radius, moving security zones for certain vessels carrying Certain Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La Quinta Channel. The temporary security zones are needed to protect the vessels, the CDC cargo, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative. lotter on DSK11XQN23PROD with RULES1 SUMMARY: This rule is effective without actual notice from April 25, 2023 until May 5, 2023. For the purposes of enforcement, actual notice will be used DATES: VerDate Sep<11>2014 15:44 Apr 24, 2023 Jkt 259001 from April 20, 2023, until April 25, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5130, email Anthony.M.Garofalo@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Corpus Christi 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. We must establish these security zones by April 20, 2023 to ensure security of these vessels and lack sufficient time to provide a reasonable comment period and then 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 provide for the security of these vessels. 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 Sector Corpus Christi (COTP) has determined that potential hazards associated with the transit of the Motor Vessel (M/V) BRITISH CONTRIBUTOR, M/V CELCIUS CANBERRA and M/V ARISTARCHOS, when loaded, will be a security concern within a 500-yard radius of each vessel. This rule is needed to provide for the safety and PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 security the vessels, their cargo, and surrounding waterway from terrorist acts, sabotage or other subversive acts, accidents, or other events of a similar nature while they are transiting within Corpus Christi, TX, from April 20, 2023 through May 5, 2023. IV. Discussion of the Rule The Coast Guard is establishing two 500-yard radius temporary moving security zones around M/V BRITISH CONTRIBUTOR, M/V CELCIUS CANBERRA and M/V ARISTARCHOS. The zones for the vessels will be enforced from April 20, 2023, through May 5, 2023. The duration of the zones are intended to protect the vessels and cargo and surrounding waterway from terrorist acts, sabotage or other subversive acts, accidents, or other events of a similar nature. No vessel or person will be permitted to enter the security zones without obtaining permission from the COTP or a designated representative. Entry into these security zones is prohibited unless authorized by the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of USCG Sector Corpus Christi. Persons or vessels desiring to enter or pass through each zone must request permission from the COTP or a designated representative on VHF–FM channel 16 or by telephone at 361–939–0450. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/ or Marine Safety Information Bulletins (MSIBs) as appropriate for the enforcement times and dates for each security 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. This rule has not been designated a ‘‘significant regulatory action,’’ under E:\FR\FM\25APR1.SGM 25APR1

Agencies

[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24909-24910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08661]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0345]


Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun 
Bay, Military Ocean Terminal Concord, CA

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone in the navigable 
waters of Suisun Bay, off Concord, CA, in support of explosive on-
loading to Military Ocean Terminal Concord (MOTCO) from April 26, 2023, 
through May 5, 2023. This safety zone is necessary to protect 
personnel, vessels, and the marine environment from potential explosion 
within the explosive arc. The safety zone is open to all persons and 
vessels for transitory use, but vessel operators desiring to anchor or 
otherwise loiter within the safety zone must obtain the permission of 
the Captain of the Port San Francisco or a designated representative. 
All persons and vessels operating within the safety zone must comply 
with all directions given to them by the Captain of the Port San 
Francisco or a designated representative.

DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01 
a.m. on April 26, 2023, until 11:59 p.m. on May 5, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notification of enforcement, call, or email Lieutenant Anthony Solares, 
Coast Guard Sector San Francisco, Waterways Management Division, 415-
399-3585, [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO) 
regulated area from 12:01 a.m. on April 26, 2023, until 11:59 p.m. on 
May 5, 2023, or as announced via marine local broadcasts. This safety 
zone is necessary to protect personnel, vessels, and the marine 
environment from potential explosion within the explosive arc. The

[[Page 24910]]

regulation for this safety zone, Sec.  165.1198, specifies the location 
of the safety zone which encompasses the navigable waters in the area 
between 500 yards of MOTCO Pier 2 in position 38[deg]03'30'' N, 
122[deg]01'14'' W and 3,000 yards of the pier. During the enforcement 
periods, as reflected in Sec.  165.1198(d), if you are the operator of 
a vessel in the regulated area you must comply with the instructions of 
the COTP or the designated on-scene patrol personnel. Vessel operators 
desiring to anchor or otherwise loiter within the safety zone must 
contact Sector San Francisco Vessel Traffic Service at 415-556-2760 or 
VHF Channel 14 to obtain permission.
    In addition to this notification of enforcement in the Federal 
Register, the Coast Guard plans to provide notification of this 
enforcement period via marine information broadcasts.

    Dated: April 18, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-08661 Filed 4-24-23; 8:45 am]
BILLING CODE 9110-04-P

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