[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Proposed Rules]
[Pages 10063-10065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03296]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0114]
RIN 1625-AA87


Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the established security 
zone extending 50 yards into the navigable waters of the Oakland 
Estuary, Alameda, California, surrounding the Coast Guard Island Pier. 
The proposed security zone change would include the entire perimeter of 
Coast Guard Island and 50 yards on either side of the Coast Guard 
Island causeway (Dennison Street Bridge). This action is necessary to 
provide for the continued security of the military service members on 
board vessels moored at the pier, as well as all military members and 
government property on Coast Guard Island. This security zone would 
prohibit all persons and vessels from entering, transiting through or 
anchoring within a portion of the Oakland Estuary surrounding Coast 
Guard Island, and prohibit all persons and vessels from loitering 
within 50 yards of the Coast Guard Island causeway, unless authorized 
by the Captain of the Port (COTP) or his designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 20, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0114 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT William Harris, Sector San 
Francisco Waterways Management Division, U.S. Coast Guard; telephone 
415-399-7443, 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, Purpose, and Legal Basis

    The Captain of the Port (COTP) San Francisco has identified a need 
to amend the existing security zone to address the security concerns to 
the military base on Coast Guard Island and the Coast Guard Island 
causeway. Over the past three years, Coast Guard Island has had over 20 
security incidents. Additionally, the Coast Guard no longer uses the 
Security barrier around the pier and this proposed rulemaking will 
account for that change.
    The purpose of this rulemaking is to ensure the security of Coast 
Guard facilities, personnel, and vessels, at all times within the 
navigable waters of the Oakland Estuary surrounding Coast Guard Island 
and the Coast Guard Island causeway. The Coast Guard is proposing this 
rulemaking under authority in 46 U.S.C. 70051 and 70124.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to amend the currently established 
security zone at Coast Guard Island, 33 CFR 165.1190, to cover all 
navigable waters of the Oakland Estuary beginning at 37[deg]46'42.5'' 
N, 122[deg]14'51.4'' W; thence to 37[deg]46'46.6'' N, 122[deg]14'59.7'' 
W; thence to 37[deg]46'51.8'' N, 122[deg]15'7.4'' W; thence to 
37[deg]46'56.3'' N, 122[deg]15'12.1'' W; thence to 37[deg]47'2.2'' N, 
122[deg]15'16.4'' W; thence to 37[deg]47'8'' N, 122[deg]15'16.6'' W; 
thence to 37[deg]47'10'' N, 122[deg]15'12.8'' W; thence to 
37[deg]47'10.1'' N, 122[deg]15'5.7'' W; thence to 37[deg]47'7.8'' N, 
122[deg]15'0.1'' W; thence to 37[deg]47'5.2'' N, 122[deg]14'53.7'' W; 
thence to 37[deg]47'2.1'' N, 122[deg]14'49.5'' W; thence to 
37[deg]46'58.9'' N, 122[deg]14'46.2'' W; thence to 37[deg]46'57.1'' N, 
122[deg]14'44.6'' W; thence to 37[deg]46'52.9'' N, 122[deg]14'42.6'' W; 
thence to 37[deg]46'50.2'' N, 122[deg]14'42.9'' W; thence to 
37[deg]46'47.9'' N, 122[deg]14'43.6'' W; thence to 37[deg]46'42.3'' N, 
122[deg]14'44.1'' W; thence to the beginning, and all navigable waters 
of the Oakland Estuary 50 yards on either side of a line beginning at 
37[deg]46'48.1'' N, 122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N, 
122[deg]14'41.5'' W; thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W.
    The purpose of the proposed change to the security zone is to adapt 
to the current security needs of the military facilities on Coast Guard 
Island, and to provide the level of security and protection for 
national interest with all U.S. Coast Guard personnel, facilities, 
vessels located on and within the waters surrounding Coast Guard 
Island. Additionally, the proposed change would also include the Coast 
Guard Island causeway, a bridge, that facilitates pedestrian and 
vehicle access to Coast Guard Island, and therefore is considered 
critical infrastructure. Recent increases to the illegal anchoring of 
vessels in the vicinity of the bridge represent a serious risk for U.S. 
Coast Guard members and physical security of Coast Guard Island.
    No vessel or person would be permitted to enter the security zone 
surrounding Coast Guard Island, and no vessel or person would be 
permitted to loiter in the zone surrounding the causeway bridge, unless 
authorized by the COTP. Vessel operators and persons would be able to 
transit the waters surrounding the causeway bridge without COTP 
permission, but they would not be allowed to loiter in those waters 
without the COTP permission. The regulatory text we are proposing 
appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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.

[[Page 10064]]

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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and 
location of the security zone. The effect of this rule will not be 
significant because vessel traffic will still be permitted to transit 
around Coast Guard Island, and this rule will encompass only a small 
portion of the waterway.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a security 
zone covering all navigable waters of the Oakland Estuary, which would 
exclude vessels from entering the regulated area unless authorized by 
the COTP. Normally such actions are categorically excluded from further 
review under paragraph L[60(a)] of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0114 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select

[[Page 10065]]

``Supporting & Related Material'' in the Document Type column. Public 
comments will also be placed in our online docket and can be viewed by 
following instructions on the https://www.regulations.gov Frequently 
Asked Questions web page. We review all comments received, but we will 
only post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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. Revise Sec.  165.1190 to read as follows:


Sec.  165.1190  Security Zone; San Francisco Bay, Oakland Estuary, 
Alameda, CA.

    (a) Locations. The following areas are security zones: (1) Coast 
Guard Island. All waters of the Oakland Estuary, from surface to 
bottom, encompassed by a line connecting the following points beginning 
at 37[deg]46'42.5'' N, 122[deg]14'51.4'' W; thence to 37[deg]46'46.6'' 
N, 122[deg]14'59.7'' W; thence to 37[deg]46'51.8'' N, 122[deg]15'7.4'' 
W; thence to 37[deg]46'56.3'' N, 122[deg]15'12.1'' W; thence to 
37[deg]47'2.2'' N, 122[deg]15'16.4'' W; thence to 37[deg]47'8'' N, 
122[deg]15'16.6'' W; thence to 37[deg]47'10'' N, 122[deg]15'12.8'' W; 
thence to 37[deg]47'10.1'' N, 122[deg]15'5.7'' W; thence to 
37[deg]47'7.8'' N, 122[deg]15'0.1'' W; thence to 37[deg]47'5.2'' N, 
122[deg]14'53.7'' W; thence to 37[deg]47'2.1'' N, 122[deg]14'49.5'' W; 
thence to 37[deg]46'58.9'' N, 122[deg]14'46.2'' W; thence to 
37[deg]46'57.1'' N, 122[deg]14'44.6'' W; thence to 37[deg]46'52.9'' N, 
122[deg]14'42.6'' W; thence to 37[deg]46'50.2'' N, 122[deg]14'42.9'' W; 
thence to 37[deg]46'47.9'' N, 122[deg]14'43.6'' W; thence to 
37[deg]46'42.3'' N, 122[deg]14'44.1'' W; and back to the beginning 
point. These coordinates are based on North American Datum (NAD) 83.
    (2) Coast Guard Island Causeway. All waters of the Oakland Estuary, 
from surface to bottom, 50 yards on either side of a line beginning at 
37[deg]46'48.1'' N, 122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N, 
122[deg]14'41.5'' W; thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W. 
These coordinates are based on North American Datum (NAD) 83.
    (b) 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)(1) of this section unless authorized by the COTP. The 
security zone described in paragraph (a)(1) of this section is closed 
to all vessel traffic, except as may be permitted by the COTP. To seek 
permission to enter the security zone in paragraph (a)(1) of this 
section, contact the COTP 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.
    (2) Under the general security zone regulations in subpart D of 
this part, you may not loiter in the security zone described in 
paragraph (a)(2) of this section unless authorized by the COTP.
    (c) Enforcement. The Captain of the Port will enforce this security 
zone and may be assisted in the patrol and enforcement of this security 
zone by any Federal, State, county, municipal, or private agency.

    Dated: February 10, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-03296 Filed 2-15-23; 8:45 am]
BILLING CODE 9110-04-P


