[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34104-34106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12085]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0283]
RIN 1625-AA00


Safety Zone; Pier 45 Fire Cleanup and Potential Marine Debris, 
San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of San Francisco Bay around Pier 45 due to emergency 
response and associated marine debris as a result of a fire on May 23, 
2020. This safety zone is necessary to protect personnel, vessels, and 
the marine environment from potential hazards created by the presence 
of marine debris and the inability to mark the debris. 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 San Francisco or a designated representative.

DATES: This temporary final rule is effective without actual notice 
from June 3, 2020 through June 30, 2020. For the purposes of 
enforcement, actual notice will be used from May 29, 2020 through June 
3, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0283 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443, email SFWaterways@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking with 
respect to this rule because it is impracticable. The Coast Guard 
received notice of the need for this safety zone on May 26, 2020. It is 
impracticable to go through the full rulemaking process, including 
providing a reasonable comment period and considering those comments, 
because the Coast Guard must establish this temporary safety zone by 
May 29, 2020.
    The Coast Guard previously issued a temporary final rule for an 
emergency safety zone effective from May 23, 2020 until May 29, 2020 
(Docket number USCG-2020-0007). The Port of San Francisco has indicated 
that emergency cleanup and the potential presence of associated marine 
debris from the fire at Pier 45 will continue beyond May 29, 2020.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by the emergency response and the presence of marine 
debris.

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 
emergency response and associated marine debris related to the May 23, 
2020 fire and identified then as potentially dangerous, will be a 
safety concern for anyone within a 150-yard radius around Pier 45, San 
Francisco, CA. For this reason, this temporary safety zone is needed to 
protect personnel, vessels, and the marine environment in the navigable

[[Page 34105]]

waters surrounding the marine debris and ongoing response operations 
near Pier 45, San Francisco, CA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone around Pier 45 in 
support of ongoing fire emergency response cleanup and associated 
marine debris from May 29, 2020 through June 30, 2020. The safety zone 
will encompass the navigable waters of San Francisco Bay, from surface 
to bottom, within a 150-yard radius around Pier 45, San Francisco, CA.
    This regulation is needed to keep persons and vessels away from the 
immediate vicinity of the ongoing response efforts and marine debris to 
ensure the safety of personnel, vessels, and the marine environment. 
Except for persons or vessels authorized by the COTP or the COTP's 
designated representative, no person or vessel may enter or remain in 
the restricted area. A ``designated representative'' means a Coast 
Guard Patrol Commander, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel or a Federal, 
State, or local officer designated by or assisting the COTP in the 
enforcement of the safety zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the water encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified to ensure the safety zone 
will result in minimum impact. Additionally, the vessels desiring to 
transit through or around the temporary safety zone may do so upon 
express permission from the COTP or the COTP's designated 
representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A. above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy, 
COMDTINST 5090.1 (series), which guide the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves a safety zone 
established to deal with an emergency situation that will prohibit 
entry to the area surrounding Pier 45, which is the site of ongoing 
emergency response and potential associated marine debris. It is 
categorically excluded from further review under

[[Page 34106]]

paragraph L60(a) in Table 3-1 of Department of Homeland Security 
Directive 023-01. A Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T11-027 to read as follows:


Sec.  165.T11-027   Safety Zone; Pier 45 Fire Cleanup and Potential 
Marine Debris, San Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters of San Francisco Bay, from surface to bottom, 150 yards 
surrounding Pier 45, San Francisco, CA.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel or a Federal, State, or local officer designated by or 
assisting the Captain of the Port San Francisco (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart B of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Persons and vessels may request permission to enter the 
safety zone on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Enforcement period. This section will be enforced from May 29, 
2020 through June 30, 2020.
    (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: May 28, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2020-12085 Filed 6-2-20; 8:45 am]
 BILLING CODE 9110-04-P


