[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Rules and Regulations]
[Pages 66955-66957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24200]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0904]
RIN 1625-AA87


Security Zone; Mare Island Dry Dock, Vallejo, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary security zone in 
the navigable waters near Mare Island Dry Dock, approximately 100 yards 
from any part of the berthing piers in the Mare Island Strait, Vallejo, 
CA within the San Francisco Captain of the Port (COTP) zone. The 
security zone is necessary to protect the harbors, ports, and 
waterfront facilities during the dry dock period of the USS Frank Cable 
and associated APL berthing barge. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Sector San Francisco.

DATES: This rule is effective without actual notice from November 7, 
2022 until August 1, 2023. For the purposes of enforcement, actual 
notice will be used from November 2, 2022 until November 7, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0904 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 LT Anthony Solares, Sector San Francisco, U.S. Coast 
Guard; telephone 415-399-3585, 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

[[Page 66956]]

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 would be impracticable. The event 
will occur before the completion of a comment period, thereby 
jeopardizing the security of the harbors, ports, and waterfront 
facilities during dry dock period of the USS Frank Cable and associated 
APL berthing barge. We must establish this security zone by November 2, 
2022.
    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 would 
be contrary to the public interest because immediate action is needed 
to provide for the security of the harbors, ports, and waterfront 
facilities, protection of high-ranking government officials, and 
mitigation of potential subversive acts.

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 San 
Francisco (COTP) has determined that the USS Frank Cable and APL 
berthing barge will attend Mare Island Dry Dock for an extended period 
of time and a fixed security zone is necessary for the duration of the 
dry dock period. This area is located adjacent to U.S. navigable waters 
in the San Francisco COTP zone. This rule is needed to ensure the 
safety of the USS Frank Cable and APL berthing barge crew.

IV. Discussion of the Rule

    This rule establishes a security zone from midnight on November 2, 
2022 until midnight on August 1, 2023. The security zone will cover all 
navigable waters of the Mare Island Strait, from surface to bottom, 
within 100 yards from any part of the berthing piers in the Mare Island 
Strait. The duration of the zone is intended to protect the harbors, 
ports, and waterfront facilities during the dry dock period of the USS 
Frank Cable. No vessel or person will be permitted to enter the 
security zone except for authorized support vessels, aircraft, and 
support personnel, or other vessels authorized by the COTP or a 
designated representative.
    A designated representative means a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel designated by 
or assisting the Captain of the Port Sector San Francisco (COTP) in the 
enforcement of the security zone. The security zone is closed to all 
vessel traffic, except as may be permitted by the COTP or a designated 
representative.
    To seek permission to enter, contact the COTP or the COTP's 
designated representative by VHF Marine Radio channel 16 or through the 
24-hour Command Center at telephone (415) 399-3547. Those in the 
security zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.

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 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 size, 
location, and duration of the security zone. Additionally, vessel 
traffic can pass safely around the area, and this rule allows to ask 
permission to enter the zone.

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 
security 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,

[[Page 66957]]

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 
security zone established for the duration of the USS Frank Cable dry 
dock period in the navigable waters near Mare Island Dry Dock, 
approximately 100 yards from any part of the berthing piers in the Mare 
Island Strait, Vallejo, It is categorically excluded from further 
review under paragraph L60 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, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-116 to read as follows:


Sec.  165.T11-116   Security Zone; Mare Island Dry Dock, Vallejo, CA.

    (a) Location. The following area is a security zone: all navigable 
waters of Mare Island Strait, Vallejo, CA within 100 yards of Mare 
Island Dry Dock berthing piers.
    (b) Definitions. As used in this section, a designated 
representative means a Coast Guard coxswain, petty officer, or other 
officer operating a Coast Guard vessel and a Federal, State, and local 
officer designated by or assisting the Captain of the Port Sector San 
Francisco (COTP) in the enforcement of the security zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) The security zone is closed to all vessel traffic, except as 
may be permitted by the COTP or a designated representative.
    (3) To seek permission to enter, contact the COTP or the COTP's 
designated representative by VHF Marine Radio channel 16 or through the 
24-hour Command Center at telephone (415) 399-3547. Those in the 
security zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from midnight 
on November 2, 2022 through midnight on August 1, 2023.

    Dated: November 1, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2022-24200 Filed 11-4-22; 8:45 am]
BILLING CODE 9110-04-P


