[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Pages 3657-3659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01194]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0061]
RIN 1625-AA00


Safety Zone; Coast Guard PSU-312 Training Exercise South Bay, San 
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of San Francisco Bay, near Treasure Island, San 
Francisco, CA, in support of the Coast Guard Port Security Unit (PSU)-
312 training exercise. This safety zone is necessary to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the Coast Guard PSU-312 on-water training and associated 
operations. Unauthorized persons or vessels are prohibited from 
entering, transiting through, or remaining in the safety zone without 
permission of the Captain of the Port San Francisco or a designated 
representative.

DATES: This rule is effective on January 21, 2023, from 9 a.m. through 
6:30 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0061 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 LT Anthony I. Solares, Waterways Management, 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
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 impracticable. The Coast Guard 
received the final details of the training on January 12, 2023. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by January 21, 2023, and lack sufficient time to provide a 
reasonable comment period and consider those comments before issuing 
the rule.
    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 personnel, vessels, and the marine 
environment in the navigable waters around the potentially hazardous 
on-water training and associated operations involving vessels firing 
blank rounds.

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 
Coast Guard PSU-312 training operations scheduled to occur on January 
21, 2023, will be a safety concern for anyone within the designated 
exercise area. The on-water training will involve vessels firing blank 
rounds. For this reason, this temporary safety zone is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters surrounding the potentially hazardous activity.

IV. Discussion of the Rule

    This rule establishes a safety zone around the Coast Guard PSU-312 
training operations in the waters of the San Francisco Bay, near 
Treasure Island, San Francisco, CA, on January 21, 2023, from 9 a.m. 
until 6:30 p.m. The safety zone will encompass the navigable waters, 
from surface to bottom, within a circle formed by connecting all points 
1,000 yards from the circle center at approximate position 
37[deg]49'15.3'' N, 122[deg]21'38.5'' W (NAD 83); or as announced via 
Broadcast Notice to Mariners.
    This regulation is needed to keep persons and vessels away from the 
immediate vicinity of the training operations to ensure the safety of 
personnel, vessels, and the marine environment. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the Captain of the Port Sector San Francisco (COTP) or a 
designated representative. A ``designated representative'' means a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel or officer designated by or assisting the COTP in the 
enforcement of the safety zone.
    The COTP or the COTP's designated representative will notify the 
maritime community of periods during which this

[[Page 3658]]

zone will be enforced in accordance with 33 CFR 165.7, including but 
not limited to Broadcast Notice to Mariners.

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 limited 
duration and narrowly tailored geographic area of the safety zone. The 
zone encompasses approximately 0.75 square miles of the waterway for 
less than 10 hours. 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. 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 
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 that will prohibit entry to the area surrounding the 
potentially hazardous Coast Guard training operations. 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 
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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T11-120 to read as follows:

[[Page 3659]]

Sec.  165.T11-120  Safety Zone; Coast Guard PSU-312 Training Exercise 
South Bay, San Francisco Bay, San Francisco, CA.

    (a) Location. The following is a safety zone: The safety zone 
encompasses the navigable waters, from surface to bottom, within a 
circle formed by connecting all points 1,000 yards from the circle 
center at approximate position 37[deg]49'15.3'' N, 122[deg]21'38.5'' W 
(NAD 83); or as announced via Broadcast Notice to Mariners.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard coxswain, petty officer, or other 
officer operating a Coast Guard vessel, or an officer designated by or 
assisting the Captain of the Port Sector 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 on January 
21, 2023, from 9 a.m. through 6:30 p.m.
    (e) Information broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which the safety zone described in paragraph (a) of this section will 
be enforced in accordance with Sec.  165.7, including but not limited 
to Broadcast Notice to Mariners.

    Dated: January 17, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2023-01194 Filed 1-19-23; 8:45 am]
BILLING CODE 9110-04-P


