Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA, 12241-12243 [2024-03369]
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0087]
Security Zone; Potomac River and
Anacostia River, and Adjacent Waters;
Washington, DC
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
a security zone along the Potomac River,
the Anacostia River, and adjacent waters
at Washington, DC, for activities
associated with the U.S. President’s
State of the Union Address. The zone
will be enforced on March 7, 2024,
through the early morning hours of
March 8, 2024. During the enforcement
period, entry into, or remaining within
the zone is prohibited unless authorized
by the Captain of the Port or his
designated representative.
DATES: The regulations in 33 CFR
165.508 will be enforced from 9 a.m. on
March 7, 2024, until 2 a.m. on March 8,
2024, for the security zone locations
identified in 33 CFR 165.508(a)(6).
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LTJG Ausley, U.S. Coast Guard
Sector Maryland-National Capital
Region (Waterways Management
Division); telephone 410–576–2519,
email navin.m.ausley@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce regulations in 33
CFR 165.508 for the security zone
locations identified in paragraph (a)(6)
from 9 a.m. on March 7, 2024, to 2 a.m.
on March 8, 2024. This action is being
taken to protect government officials,
mitigate potential terrorist acts and
incidents, and enhance public and
maritime safety and security
immediately before, during, and after
the U.S. President’s State of the Union
Address before a Joint Session of
Congress. Our regulations for the
Security Zone; Potomac River and
Anacostia River, and adjacent waters;
Washington, DC, § 165.508(a)(6),
specifies the location for this security
zone as an area that includes all
navigable waters described in
paragraphs (a)(1) through (a)(3), which
includes Zones 1, 2, and 3.
• Security Zone 1, paragraph (a)(1);
all navigable waters of the Potomac
River, from shoreline to shoreline,
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SUMMARY:
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bounded to the north by the Francis
Scott Key (US–29) Bridge, at mile 113,
and bounded to the south by a line
drawn from the Virginia shoreline at
Ronald Reagan Washington National
Airport, at 38°51′21.3″ N, 077°02′00.0″
W, eastward across the Potomac River to
the District of Columbia shoreline at
Hains Point at position 38°51′24.3″ N,
077°01′19.8″ W, including the waters of
the Boundary Channel, Pentagon
Lagoon, Georgetown Channel Tidal
Basin, and Roaches Run.
• Security Zone 2, paragraph (a)(2);
all navigable waters of the Anacostia
River, from shoreline to shoreline,
bounded to the north by the John Philip
Sousa (Pennsylvania Avenue) Bridge, at
mile 2.9, and bounded to the south by
a line drawn from the District of
Columbia shoreline at Hains Point at
position 38°51′24.3″ N, 077°01′19.8″ W,
southward across the Anacostia River to
the District of Columbia shoreline at
Giesboro Point at position 38°50′52.4″
N, 077°01′10.9″ W, including the waters
of the Washington Channel.
• Security Zone 3 paragraph (a)(3); all
navigable waters of the Potomac River,
from shoreline to shoreline, bounded to
the north by a line drawn from the
Virginia shoreline at Ronald Reagan
Washington National Airport, at
38°51′21.3″ N, 077°02′00.0″ W, eastward
across the Potomac River to the District
of Columbia shoreline at Hains Point at
position 38°51′24.3″ N, 077°01′19.8″ W,
thence southward across the Anacostia
River to the District of Columbia
shoreline at Giesboro Point at position
38°50′52.4″ N, 077°01′10.9″ W, and
bounded to the south by the Woodrow
Wilson Memorial (I–95/I–495) Bridge, at
mile 103.8.
During the enforcement period, as
specified in § 165.508(b), entry into or
remaining in these zones is prohibited
unless authorized by the Coast Guard
Captain of the Port Maryland-National
Capital Region. Public vessels and
vessels already at berth at the time the
security zone is implemented do not
have to depart the security zone. All
vessels underway within the security
zone at the time it is implemented are
to depart the zone at the time the
security zone is implemented. To seek
permission to transit the zone, the
Captain of the Port Maryland-National
Capital Region can be contacted at
telephone number (410) 576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). Coast Guard vessels
enforcing this zone can be contacted on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard may
be assisted by other Federal, state, or
local law enforcement agencies in
enforcing this regulation. If the Captain
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12241
of the Port or his designated on-scene
patrol personnel determines the security
zone need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
used to suspend enforcement and grant
general permission to enter the security
zone.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners, and
marine information broadcasts.
Dated: February 13, 2024.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2024–03298 Filed 2–15–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0040]
RIN 1625–AA00
Emergency Safety Zone; Pacific
Ocean, Bodega Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the Pacific
Ocean near Bodega Bay, CA in support
of pollution response operations for the
vessel ALEUTIAN STORM from
February 13, 2024, to February 19, 2024.
Based on this information, this safety
zone is necessary to protect vessels and
the marine environment from potential
hazards associated with pollution
response operations. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
permission from the Captain of the Port
San Francisco or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from February 16, 2024,
through 11:59 p.m. February 19, 2024.
For the purposes of enforcement, actual
notice will be used from February 13,
2024, through February 16, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0040 in the search box and click
‘‘Search.’’ Next, in the Document Type
DATES:
E:\FR\FM\16FER1.SGM
16FER1
12242
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email LT William Harris, U.S. Coast
Guard Sector San Francisco, Waterways
Management Division; at telephone
(415) 399–7443, email SFWaterways@
uscg.mil.
SUPPLEMENTARY INFORMATION:
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
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ 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
identified active pollution stemming
from the aground vessel ALEUTIAN
STORM on February 12, 2024, and
immediate action is necessary to
respond to the pollution threat. It is
impracticable to go through the full
rulemaking process, including a
reasonable comment period and
consideration, because the Coast Guard
must establish this emergency
temporary safety zone by February 13,
2024.
Also, 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 persons, vessels, and
the marine environment involved in
pollution response operations at the
vessel ALEUTIAN STORM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector San Francisco
(COTP) has determined that potential
hazards associated with pollution
response operations starting February
13, 2023, will be a safety concern for
anyone within a 1,100-yard radius
seaward of the vessel ALEUTIAN
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16:07 Feb 15, 2024
Jkt 262001
STORM at coordinates 38°19′43″ N
123°4′16.2″ W (NAD 83). This rule is
needed to protect persons, vessels, and
the marine environment in the
navigable waters within the safety zone
during pollution response operations.
IV. Discussion of the Rule
This rule establishes a temporary
safety 1,100-yard safety zone in the
navigable waters of the Pacific Ocean
seaward of coordinates 38°19′43″ N
123°4′16.2″ W (NAD 83) from 11:30 a.m.
on February 13, 2024, to 11:59 p.m. on
February 19, 2024, or as announced by
Broadcast Notice to Mariners. The effect
of the temporary safety zone will be to
restrict vessel navigation in this area
until the Captain of the Port San
Francisco (COTP) determines that the
hazards associated with the pollution
response operations for the vessel
ALEUTIAN STORM are no longer
present. Except for persons or vessels
authorized by the Captain of the Port or
a designated representative, no vessel
may enter or remain in the restricted
area. A ‘‘designated representative’’
means 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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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. Although this rule restricts
access to the navigable waters
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
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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 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,
E:\FR\FM\16FER1.SGM
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
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.
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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 lasting less than a week during
hours that will prohibit entry within
1,100 yards of pollution response
operations at the vessel ALEUTIAN
STORM. It is categorically excluded
from further review under paragraph
L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1.
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
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16:07 Feb 15, 2024
Jkt 262001
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
(d) Enforcement period. This section
will be enforced from 11:30 a.m. on
February 13, 2024, to 11:59 p.m. on
February 19, 2024, or as announced via
Broadcast Notice to Mariners.
(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: February 13, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Francisco.
[FR Doc. 2024–03369 Filed 2–14–24; 4:15 pm]
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
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, Revision No. 01.3.
DEPARTMENT OF EDUCATION
■
2. Add § 165.T11–158 to read as
follows:
■
34 CFR Part 5
RIN 1880–AA84
[Docket ID ED–2008–OM–0011]
§ 165.T11–158 Emergency Safety Zone;
Pacific Ocean, Bodega Bay, CA
Availability of Information to the
Public; Correction
(a) Location. The following area is a
safety zone: all navigable waters, from
surface to bottom, within a 1,100-yard
radius seaward of the following
coordinates 38°19′43″ N 123°4′16.2″ W
(NAD 83).
(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 Francsico (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulation in subpart C 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
within 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
through the 24-hour Command Center at
telephone (415) 399–3432.
AGENCY:
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12243
Office of the Secretary,
Department of Education.
ACTION: Final rule; correction.
On June 14, 2010, the
Department of Education (Department)
published in the Federal Register a final
rule amending the Department’s
Freedom of Information Act (FOIA)
regulations, and a correction was
published in the Federal Register on
January 26, 2024. The 2010 final rule
implemented amendments made to the
FOIA statute and clarified how the
Department processes FOIA requests for
agency records, and the January 26,
2024, document corrected the
administrative exhaustion provisions
related to the Appeals of Adverse
Determinations section in the FOIA
regulations. We are correcting the title
of that revised provision, which
inadvertently was omitted in the
January 26, 2024 correction. All other
provisions in the FOIA regulations
remain the same.
DATES: This correction is effective
February 16, 2024.
FOR FURTHER INFORMATION CONTACT:
Deborah O. Moore, Department of
Education, 400 Maryland Avenue SW,
Washington, DC 20202. Telephone:
(202) 381–1414. Email: Deborah.Moore@
ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION: On June
14, 2010, the Department published a
SUMMARY:
E:\FR\FM\16FER1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12241-12243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03369]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0040]
RIN 1625-AA00
Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the Pacific Ocean near Bodega Bay, CA in support of
pollution response operations for the vessel ALEUTIAN STORM from
February 13, 2024, to February 19, 2024. Based on this information,
this safety zone is necessary to protect vessels and the marine
environment from potential hazards associated with pollution response
operations. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission from the Captain of the Port San Francisco or a
designated representative.
DATES: This rule is effective without actual notice from February 16,
2024, through 11:59 p.m. February 19, 2024. For the purposes of
enforcement, actual notice will be used from February 13, 2024, through
February 16, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0040 in the search box and click ``Search.'' Next, in the Document
Type
[[Page 12242]]
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT William Harris, U.S. Coast Guard Sector San Francisco,
Waterways Management Division; at telephone (415) 399-7443, 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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' 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 identified active pollution stemming
from the aground vessel ALEUTIAN STORM on February 12, 2024, and
immediate action is necessary to respond to the pollution threat. It is
impracticable to go through the full rulemaking process, including a
reasonable comment period and consideration, because the Coast Guard
must establish this emergency temporary safety zone by February 13,
2024.
Also, 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 persons, vessels, and the marine
environment involved in pollution response operations at the vessel
ALEUTIAN STORM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Francisco (COTP) has
determined that potential hazards associated with pollution response
operations starting February 13, 2023, will be a safety concern for
anyone within a 1,100-yard radius seaward of the vessel ALEUTIAN STORM
at coordinates 38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83). This rule
is needed to protect persons, vessels, and the marine environment in
the navigable waters within the safety zone during pollution response
operations.
IV. Discussion of the Rule
This rule establishes a temporary safety 1,100-yard safety zone in
the navigable waters of the Pacific Ocean seaward of coordinates
38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83) from 11:30 a.m. on
February 13, 2024, to 11:59 p.m. on February 19, 2024, or as announced
by Broadcast Notice to Mariners. The effect of the temporary safety
zone will be to restrict vessel navigation in this area until the
Captain of the Port San Francisco (COTP) determines that the hazards
associated with the pollution response operations for the vessel
ALEUTIAN STORM are no longer present. Except for persons or vessels
authorized by the Captain of the Port or a designated representative,
no vessel may enter or remain in the restricted area. A ``designated
representative'' means 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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.
Although this rule restricts access to the navigable waters 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
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,
[[Page 12243]]
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 lasting less than a week during hours that will prohibit
entry within 1,100 yards of pollution response operations at the vessel
ALEUTIAN STORM. It is categorically excluded from further review under
paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.
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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T11-158 to read as follows:
Sec. 165.T11-158 Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA
(a) Location. The following area is a safety zone: all navigable
waters, from surface to bottom, within a 1,100-yard radius seaward of
the following coordinates 38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83).
(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 Francsico (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulation in
subpart C 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 within 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 through the 24-hour Command Center at telephone (415) 399-
3432.
(d) Enforcement period. This section will be enforced from 11:30
a.m. on February 13, 2024, to 11:59 p.m. on February 19, 2024, or as
announced via Broadcast Notice to Mariners.
(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: February 13, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2024-03369 Filed 2-14-24; 4:15 pm]
BILLING CODE 9110-04-P
