

[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Rules and Regulations]               
[Page 63488-63490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no07-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP San Francisco Bay 07-051]
RIN 1625-AA00

 
Safety Zone; Alameda County Sheriff's Office Maritime 
Interdiction Training, 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 in the 
navigable waters of San Francisco Bay, during the Alameda County 
Sheriff's Office Maritime Interdiction Training. This safety zone is 
established to ensure the safety of participants and the public from 
dangers associated with the training. Unauthorized persons or vessels 
are prohibited from entering into, transiting through, or remaining in 
the safety zone without permission of the Captain of the Port or his 
designated representative.

DATES: This rule is effective from 8 a.m. to 2 p.m. on November 1, 
2007, November 8, 2007, and November 15, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of the docket COTP San Francisco Bay 07-051 and 
are available for inspection or copying at Coast Guard Sector San 
Francisco, 1 Yerba Buena Island, San Francisco, California, 94130, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast 
Guard Sector San Francisco, at (415) 399-7436.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Logistical details surrounding 
the event were not finalized and presented to the Coast Guard in time 
to draft and publish an NPRM. As such, the event would occur before the 
rulemaking process was complete. This safety zone is necessary to 
provide for the safety of participants, participating vessels, and 
other vessels transiting the event area. For the safety concerns noted, 
it is in the public interest to have these regulations in effect during 
the training.
    For the same reasons listed in the previous paragraph, 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. Any delay in the effective date of this rule would 
expose mariners to the dangers posed by the training.

Background and Purpose

    The Alameda County Sheriff's Office will be hosting Maritime 
Interdiction training provided by A-T Solutions. The training consists 
of classroom training and a practical exercise onboard a ship. The 
course is designed to provide law enforcement personnel with the tools 
and techniques necessary to identify, intercept, and safely board a 
non-compliant vessel at sea. Maritime attacks, boarding equipment, and 
boarding procedures will be covered while onboard the ship.
    During this event the ship may be anchored, drifting, or underway. 
The Blue and Gold Fleet Company will provide a ferry to be used as a 
non-compliant vessel during the training exercises. The practical 
training on board the Blue and Gold Fleet vessel will take place on 
November 1, 2007, November 8, 2007, and November 15, 2007, during the 
hours of 8 a.m. and 2 p.m.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone in the 
vicinity of Hunters Point, in San Francisco Bay. The effect of the 
temporary safety zone will be to restrict general navigation in the 
vicinity of Hunters Point, while the training is taking place.
    The safety zone includes all navigable waters from the surface to 
the seafloor, encompassed by connecting the following points: Beginning 
at 37[deg]43'45'' N and longitude 122[deg]20'48'' W; latitude 
37[deg]43'45'' N and longitude 122[deg]19'33''

[[Page 63489]]

W; latitude 37[deg]42'12'' N and longitude 122[deg]20'48'' W; latitude 
37[deg]42'12'' N and longitude 122[deg]19'33'' W, and then back to the 
beginning point. These coordinates are based upon datum: NAD 83.
    Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the safety zone. 
This safety zone is necessary to keep the public and vessels a safe 
distance away from the training to ensure the safety of participants, 
participating vessels, and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by 
the safety zone, the effect of this rule will not be significant 
because the local waterway users will be notified via public Broadcast 
Notice to Mariners to ensure the safety zone will result in minimum 
impact. The entities most likely to be affected are pleasure craft 
engaged in recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 is 
not expected to have a significant economic impact on a substantial 
number of entities, some of which may be small entities. This rule may 
affect owners and operators of pleasure craft engaged in recreational 
activities and sightseeing. This rule will not have a significant 
economic impact on a substantial number of small entities for several 
reasons: (i) Vessel traffic can pass safely around the area, (ii) 
vessels engaged in recreational activities and sightseeing have ample 
space outside of the effected portion of San Francisco Bay to engage in 
these activities, (iii) this rule will encompass only a small portion 
of the waterway for a limited period of time, and (iv) the maritime 
public will be advised in advance of this safety zone via Broadcast 
Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions, options 
for compliance, or assistance in understanding this rule, please 
contact Ensign Sheral Richardson, U.S. Coast Guard Sector San 
Francisco, at (415) 399-7436.
    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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are

[[Page 63490]]

technical standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) that are developed or adopted by 
voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. Paragraph (34)(g) is applicable because this rule 
establishes a safety zone. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' will be 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T11-254 to read as follows:


Sec.  165.T11-254  Safety Zone; Alameda County Sheriff's Office 
Maritime Interdiction Training, San Francisco Bay, CA.

    (a) Location. This temporary safety zone is established for the 
navigable waters of San Francisco Bay in the vicinity of Hunters Point 
and includes all navigable waters, from the surface to the seafloor, 
encompassed by connecting the following points: beginning at 37[deg] 
43'45'' N and longitude 122[deg] 20'48'' W; latitude 37[deg] 43'45'' N 
and longitude 122[deg] 19'33'' W; latitude 37[deg] 42'12'' N and 
longitude 122[deg] 20'48'' W; latitude 37[deg] 42'12'' N and longitude 
122[deg] 19' 33'' W, and then back to the beginning point. These 
coordinates are based upon datum: NAD 83.
    (b) Enforcement Period. This safety zone is in effect from 8 a.m. 
to 2 p.m. on November 1, 2007, November 8, 2007, and November 15, 2007. 
If the training events conclude prior to their scheduled termination 
times, the Coast Guard will cease enforcement of this safety zone and 
will announce that fact via Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this safety zone by all vessels and persons is prohibited, 
unless specifically authorized by the Captain of the Port, San 
Francisco, or his designated representative.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port, San Francisco, or the designated 
representative.
    (3) Designated representative means any commissioned, warrant, and 
petty officer of the Coast Guard on board a Coast Guard, Coast Guard 
Auxiliary, local, state, or federal law enforcement vessel who is 
authorized to act on behalf of the Captain of the Port, San Francisco.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed. Persons and vessels may request permission 
to enter the safety zone on VHF-16 or via telephone at (415) 399-3547.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of this safety zone by local law enforcement as necessary.

    Dated: October 30, 2007.
W. J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-21977 Filed 11-8-07; 8:45 am]

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