[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60766-60768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23895]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0801]
RIN 1625-AA00


Safety Zone; Munitions Transfer; Alameda, 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 the Oakland Estuary in the Brooklyn Basin South 
Channel near Coast Guard Island in Alameda, CA in support of a 
munitions transfer on November 14, 2021, and November 21, 2021. This 
safety zone is necessary to protect personnel, vessels, and the marine 
environment from the dangers associated with live munitions. 
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 a designated representative.

DATES: This rule is effective from 8 a.m. on November 14, 2021, until 2 
p.m. on November 21, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0801 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade William Harris, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7443, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 impractical and contrary to the 
public interest. The Coast Guard did not receive final details for this 
event until October 18, 2021. There was insufficient time to undergo 
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 November 14, 2021.
    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 public interest because immediate action 
is necessary to protect personnel, vessel, and the marine environment 
from the potential safety hazards associated with the munitions 
transfer near Alameda, CA beginning November 14, 2021.

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 San 
Francisco (COTP) has determined that potential hazards associated with 
the munitions transfer on November 14, 2021 and November 21, 2021 will 
be a safety concern for anyone within a 250-foot radius of the pier. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone around the 
munitions transfer site during the munitions transfer.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. until 2 
p.m. on November 14, 2021 and from 8 a.m. until 2 p.m. on November 21, 
2021. The temporary safety zone will cover all navigable waters, from 
surface to bottom, within 250 feet of the munitions transfer pier 
located on the southwest side of Coast Guard Island in the Brooklyn 
Basin South Channel of the Oakland Estuary. The temporary safety zone 
will be terminated at 2 p.m. on both November 14, 2021 and November 21, 
2021 or once announced via broadcast notice to mariners.
    This regulation is necessary to keep persons and vessels away from 
the immediate vicinity of the munitions transfer location to ensure the 
safety of people, 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. This rule has not been designated a ``significant 
regulatory action,'' under

[[Page 60767]]

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. This 
safety zone impacts a 250-foot wide portion of the Brooklyn Basin South 
Channel of the Oakland Estuary along the southwest side of Coast Guard 
Island in Alameda, CA for six hours. 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 vessel 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 lasting only six hours that will prohibit entry within 250 
feet of vessels and machinery being used by personnel to conduct 
munitions transfer. It is categorically excluded from further review 
under paragraph L60(a) 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 the 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; 33 CFR 1.05-1, 6.04-6, and 
160.5; Department of Homeland Security Delegation No. 0170.1, 
Revision No. 01.2.

0
2. Add Sec.  165.T11-082 to read as follows:


Sec.  165.T11-082  Safety Zone; Munitions Transfer, Oakland Estuary, 
Alameda, CA.

    (a) Location. This temporary safety zone is established in the 
navigable waters of the Brooklyn Basin South Channel of the Oakland 
Estuary near the pier alongside the southwest side of Coast Guard 
Island in Alameda, CA as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18662. From 8 a.m. until 2 p.m. daily on 
November 14, 2021, and November 21, 2021, the temporary safety zone 
will apply to all navigable waters of the Oakland Estuary in the 
Brooklyn Basin South Channel, from surface to bottom, within 250 feet 
of the pier along the southwest side of Coast Guard Island, during 
which time the pier will be used as the munitions transfer location.
    (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

[[Page 60768]]

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 safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Subpart C, 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-21A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
until 2 p.m. on November 14, 2021, and from 8 a.m. until 2 p.m. on 
November 21, 2021, or until 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: October 27, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-23895 Filed 11-3-21; 8:45 am]
BILLING CODE 9110-04-P


