80 FR 48787 - Security Zone; Military Ocean Terminal Concord (MOTCO); Concord, California
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 157 (August 14, 2015)
Coast Guard
Federal Register Volume 80, Issue 157 (August 14, 2015)
| Page Range | 48787-48790 | |
| FR Document | 2015-20110 |
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)] [Proposed Rules] [Pages 48787-48790] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20110] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0330] RIN 1625-AA87 Security Zone; Military Ocean Terminal Concord (MOTCO); Concord, California AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is proposing revisions to the existing conditional security zone regulation currently in place in the navigable waters of Suisun Bay, California, near Concord, California around each of the three piers at the Military Ocean Terminal Concord (MOTCO), California (formerly United States Naval Weapons Center Concord, California). This proposed action is intended to clarify responsibilities and authorities for enforcement of the security zone. DATES: Comments and related material must be received by the Coast Guard on or before September 14, 2015. Requests for public meetings must be received by the Coast Guard on or before August 21, 2015. ADDRESSES: Documents mentioned in this preamble are part of Docket Number USCG-2015-0330. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Open Docket Folder'' on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may submit comments, identified by docket number, using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: (202) 493-2251. (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Lieutenant Marcia Medina, Sector San Francisco, U.S. Coast Guard; telephone (415) 399-7443, email [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations [[Page 48788]] COTP Captain of the Port San Francisco DHS Department of Homeland Security FR Federal Register MOTCO Military Ocean Terminal Concord NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments 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. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated with this notice of proposed rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Open Docket Folder'' on the line associated with this notice of proposed rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not plan to hold a public meeting due to the nature of the existing security zone and the limited impact to the public. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please submit your request by August 21, 2015, and explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information On August 27, 1996, the Department of the Army, Corps of Engineers published a final rule in the Federal Register (61 FR 43969) establishing a restricted area \1\ around the MOTCO piers (33 CFR 334.1110). Although the restricted area prohibits public access to the piers at all times, it lacks a conditional boundary extension to be enforced during the presence of munitions laden vessels and/or military onload/offload activities. Prior to January 24, 2005, the Coast Guard would address this lack of a conditional boundary by publishing a temporary security zone of sufficient size in the area for each operation at MOTCO (see e.g., 68 FR 33382). --------------------------------------------------------------------------- \1\ A ``restricted area'' is defined in Sec. 334.2 as ``[a] defined water area for the purpose of prohibiting or limiting public access to the area. Restricted areas generally provide security for Government property and/or protection to the public from the risks of damage or injury arising from the Government's use of that area.'' --------------------------------------------------------------------------- On January 24, 2005, to address this issue on a more permanent basis, the Coast Guard published a final rule in the Federal Register (70 FR 3299) establishing a conditional 500-yard security zone around MOTCO's piers to be enforced during military onload/offload operations (33 CFR 165.1199). The security zone provides necessary security for military operations by providing a standoff distance for blast and collision, a surveillance and detection perimeter, and a margin of response time for security personnel. C. Basis and Purpose The legal basis for this rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish security zones. This authority is separate from the Department of the Army, Corps of Engineers authority to provide appropriate security in defense of their waterfront facilities and for vessels moored thereto in accordance with the restricted area in 33 CFR 334.1110. The purpose of this rulemaking is to advance the Coast Guard's efforts to thwart potential terrorist activity through security measures on U.S. ports and waterways. D. Discussion of the Proposed Rule The current regulation at Sec. 165.1199 contains several items that are the subject of the revisions proposed in this NPRM. The proposed revisions to Sec. 165.1199 would clarify the regulations in a concise, understandable format. First, the Coast Guard proposes to revise Sec. 165.1199(c) by clarifying the Coast Guard's enforcement role during active loading operations, and the ability of the COTP to designate other representatives as having authority to enforce the security zone. The Coast Guard proposes to replace the existing term ``patrol personnel,'' in favor of a more appropriate term, ``designated representative,'' which includes federal, state and local officials designated by the COTP. This revision would clarify that the COTP may designate law enforcement officials other than Coast Guard personnel to patrol and enforce the security zone. The Coast Guard also proposes to revise the security zone so that it is enforceable at any time a vessel loaded with munitions is present at a pier (in addition to during military onload/offload operations). Without this revision, the existing security zone is enforceable during military onload or offload operations only. Additionally, the Coast Guard proposes to remove the existing provision regarding ``Local Notice to Mariners'' as a means of notifying the [[Page 48789]] public that the security zone will be enforced. The security concern related to providing advance notification of the presence of an explosive load at a military base outweighs the benefit of advance notice of the security zone. Instead, the Coast Guard would notify the public of security zone enforcement (and suspensions of enforcement) via Broadcast Notice to Mariners and/or actual notice on-scene during military onloads or offloads. This revision would better align the notification method of this security zone with the notification method for the existing safety zone in the area (see Sec. 165.1198). Finally, in addition to the above revisions, the Coast Guard proposes to make minor technical editorial adjustments to Sec. 165.1199 for ease of reading and comprehension. E. 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 or executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Security zone enforcement would be limited in duration, and limited to a narrowly tailored geographic area. In addition, although this proposed rule would restrict access to the waters encompassed by the security zone, the effect of this proposed rule would not be significant because the local waterway users will be notified via Broadcast Notice to Mariners and/or actual notice on-scene during military onloads or offloads. The entities most likely to be affected are waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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. This proposed rule may affect owners and operators of waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities and sightseeing. The security zone would not have a significant economic impact on a substantial number of small entities for the following reasons. The security zone would be activated, and thus subject to patrol and enforcement, for a limited duration. When the security zone is activated, vessel traffic would be directed to pass safety around the security zone. The maritime public would be advised when transiting near the activated zone. 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. 3. Assistance for Small Entities 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 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, above. 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. 4. 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). 5. Federalism 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 determined that this rule does not have implications for federalism. 6. 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. 7. 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 effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments 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 [[Page 48790]] power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This proposed rule is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (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 of limited size and duration. This proposed rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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 proposes 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 165.1199 to read as follows: Sec. 165.1199 Security Zones; Military Ocean Terminal Concord (MOTCO), Concord, California. (a) Location. The security zone(s) reside(s) within the navigable waters of Suisun Bay, California, extending from the surface to the sea floor, within 500 yards of the three Military Ocean Terminal Concord (MOTCO) piers in Concord, California. (b) Definitions. As used in this section, ``designated representative'' means any Coast Guard commissioned, warrant, or petty officer or any Federal, state, or local law enforcement officer who has been designated by the Captain of the Port San Francisco (COTP) to act on the COTP's behalf. The COTP's representative may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, a Federal, state, or local law enforcement vessel, or a location on shore. (c) Regulations. (1) The security zone(s) described in paragraph (a) of this section will be in force during active military onloading and/or offloading operations and at any time a vessel loaded with munitions is present at a pier. (2) When one or more piers are involved in onload or offload operations at the same time, there will be a 500-yard security zone for each involved pier. (3) Under the general regulations in subpart D of this part, entry into, transiting or anchoring within the security zone(s) described in paragraph (a) of this section is prohibited during times of enforcement unless authorized by the COTP or a designated representative. (4) Vessel operators desiring to enter or operate within the security zone(s) during times of enforcement must contact the COTP or a designated representative on VHF-16 or through the 24-hour Command Center at telephone (415) 399-3547 to obtain permission to do so. Vessel operators given permission to enter or operate in the security zone(s) must comply with all directions given to them by the COTP or a designated representative. (5) Upon being hailed by the COTP or designated representative by siren, radio, flashing light, or other means, the operator of a vessel approaching the security zone(s) must proceed as directed to avoid entering the security zone(s). (d) Notice of enforcement or suspension of enforcement of security zone(s). During periods that one or more security zones are enforced, the COTP or a designated representative will issue a Broadcast Notice to Mariners and/or notify mariners via actual notice on-scene. In addition, COTP maintains a telephone line that is maintained 24 hours a day, 7 days a week. The public can contact COTP at (415) 399-3547 to obtain information concerning enforcement of this section. When the security zones are no longer needed, the COTP or designated representative will cease enforcement of the security zones. Upon suspension of enforcement, all persons and vessels are granted general permissions to enter, move within, and exit the security zones, but should remain cognizant of the applicable restricted area designated in 33 CFR 334.1110. Dated: July 1, 2015. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2015-20110 Filed 8-13-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules 48787
not consider the use of voluntary to origin. All coordinates are North around each of the three piers at the
consensus standards. American Datum 1983. Military Ocean Terminal Concord
(b) Definition. The term ‘‘designated (MOTCO), California (formerly United
14. Environment
representative’’ means Coast Guard States Naval Weapons Center Concord,
We have analyzed this proposed rule Patrol Commanders, including Coast California). This proposed action is
under Department of Homeland Guard coxswains, petty officers, and intended to clarify responsibilities and
Security Management Directive 023–01 other officers operating Coast Guard authorities for enforcement of the
and Commandant Instruction vessels, and Federal, state, and local security zone.
M16475.lD, which guide the Coast officers designated by or assisting the DATES: Comments and related material
Guard in complying with the National Captain of the Port Miami in the must be received by the Coast Guard on
Environmental Policy Act of 1969 enforcement of the regulated area. or before September 14, 2015. Requests
(NEPA) (42 U.S.C. 4321–4370f), and (c) Regulations. (1) Non-participant for public meetings must be received by
have made a preliminary determination persons and vessels are prohibited from the Coast Guard on or before August 21,
that this action is one of a category of entering, transiting through, anchoring 2015.
actions that do not individually or in, or remaining within the regulated ADDRESSES: Documents mentioned in
cumulatively have a significant effect on area unless authorized by Captain of the this preamble are part of Docket Number
the human environment. This proposed Port Miami or a designated USCG–2015–0330. To view documents
rule involves the creation of a safety representative. mentioned in this preamble as being
zone. This rule is categorically excluded (2) Non-participant persons and available in the docket, go to http://
from further review under paragraph vessels may request authorization to www.regulations.gov, type the docket
34(g) of Figure 2–1 of the Commandant enter, transit through, anchor in, or number in the ‘‘SEARCH’’ box and click
Instruction. Preliminary environmental remain within the regulated area by ‘‘SEARCH.’’ Click on ‘‘Open Docket
analysis checklists supporting this contacting the Captain of the Port Miami Folder’’ on the line associated with this
determination are available in the by telephone at 305–535–4472, or a rulemaking. You may also visit the
docket where indicated under designated representative via VHF radio Docket Management Facility in Room
ADDRESSES. We seek any comments or on channel 16. If authorization is W12–140 on the ground floor of the
information that may lead to the granted by the Captain of the Port Department of Transportation West
discovery of a significant environmental Miami or a designated representative, Building, 1200 New Jersey Avenue SE.,
impact from this proposed rule. all persons and vessels receiving such Washington, DC 20590, between 9 a.m.
authorization must comply with the and 5 p.m., Monday through Friday,
List of Subjects in 33 CFR Part 165 instructions of the Captain of the Port except Federal holidays.
Harbors, Marine safety, Navigation Miami or a designated representative. You may submit comments, identified
(water), Reporting and recordkeeping (3) The Coast Guard will provide by docket number, using any one of the
requirements, Security measures, and notice of the safety zone by Local Notice following methods:
Waterways. to Mariners, Broadcast Notice to (1) Federal eRulemaking Portal:
For the reasons discussed in the Mariners and on-scene designated http://www.regulations.gov.
representatives. (2) Fax: (202) 493–2251.
preamble, the Coast Guard proposes to (3) Mail or Delivery: Docket
(d) Effective date. This rule will be
amend 33 CFR part 165 as follows: Management Facility (M–30), U.S.
enforced from 6 a.m. until 10:30 a.m. on
PART 165—REGULATED NAVIGATION October 25, 2015. Department of Transportation, West
AREAS AND LIMITED ACCESS AREAS Building Ground Floor, Room W12–140,
Dated: July 30, 2015.
1200 New Jersey Avenue SE.,
A.J. Gould,
■ 1. The authority citation for part 165 Washington, DC 20590–0001. Deliveries
Captain, U.S. Coast Guard, Captain of the accepted between 9 a.m. and 5 p.m.,
continues to read as follows: Port Miami.
Monday through Friday, except federal
Authority: 33 U.S.C. 1231; 46 U.S.C. [FR Doc. 2015–20111 Filed 8–13–15; 8:45 am] holidays. The telephone number is 202–
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195 BILLING CODE 9110–04–P
33 CFR 1.05–1, 6.04–6, and 160.5; Public
366–9329. See the ‘‘Public Participation
Law 107–295, 116 Stat. 2064; Department of and Request for Comments’’ portion of
Homeland Security Delegation No. 0170.1. the SUPPLEMENTARY INFORMATION section
DEPARTMENT OF HOMELAND below for further instructions on
■ 2. Add a temporary § 165.T07–0024 to SECURITY submitting comments. To avoid
the undesignated center heading duplication, please use only one of
Seventh Coast Guard District to read as Coast Guard
these three methods.
follows: FOR FURTHER INFORMATION CONTACT: If
33 CFR Part 165
§ 165.T07–0679 Safety Zone; Ironman 70.3 you have questions on this proposed
Miami, Biscayne Bay; Miami, FL. [Docket Number USCG–2015–0330] rule, call or email Lieutenant Marcia
(a) Regulated area. The following RIN 1625–AA87 Medina, Sector San Francisco, U.S.
regulated area is a safety zone. All Coast Guard; telephone (415) 399–7443,
waters of Biscayne Bay located east of Security Zone; Military Ocean Terminal email D11-PF-MarineEvents@uscg.mil. If
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Bayfront Park and encompassed within Concord (MOTCO); Concord, California you have questions on viewing or
the following points: Starting at Point 1 submitting material to the docket, call
AGENCY: Coast Guard, DHS.
in position 25°46′44″ N., 080°10′59″ W.; Cheryl Collins, Program Manager,
ACTION: Notice of proposed rulemaking. Docket Operations, telephone (202)
thence southeast to Point 2 in position
25°46′24″ N., 080°10′44″ W.; thence SUMMARY: The Coast Guard is proposing 366–9826.
southwest to Point 3 in position revisions to the existing conditional SUPPLEMENTARY INFORMATION:
25°46′18″ N., 080°11′05″ W.; thence security zone regulation currently in Table of Acronyms
north to Point 4 in position 25°46′33″ place in the navigable waters of Suisun
N., 080°11′05″ W.; thence northeast back Bay, California, near Concord, California CFR Code of Federal Regulations
VerDate Sep<11>2014 17:19 Aug 13, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\14AUP1.SGM 14AUP1](https://thefederalregister.org/doc/80_FR_48944/page/1.svg)
![48788 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules
COTP Captain of the Port San Francisco and click ‘‘SEARCH.’’ Click on ‘‘Open establishing a conditional 500-yard
DHS Department of Homeland Security Docket Folder’’ on the line associated security zone around MOTCO’s piers to
FR Federal Register with this notice of proposed be enforced during military onload/
MOTCO Military Ocean Terminal Concord rulemaking. You may also visit the offload operations (33 CFR 165.1199).
NPRM Notice of Proposed Rulemaking
Docket Management Facility in Room The security zone provides necessary
A. Public Participation and Request for W12–140 on the ground floor of the security for military operations by
Comments Department of Transportation West providing a standoff distance for blast
Building, 1200 New Jersey Avenue SE., and collision, a surveillance and
We encourage you to participate in
Washington, DC 20590, between 9 a.m. detection perimeter, and a margin of
this rulemaking by submitting
and 5 p.m., Monday through Friday, response time for security personnel.
comments and related materials. All
comments received will be posted except Federal holidays. C. Basis and Purpose
without change to http:// 3. Privacy Act The legal basis for this rule is 33
www.regulations.gov and will include Anyone can search the electronic U.S.C. 1231; 50 U.S.C. 191; 33 CFR
any personal information you have form of comments received into any of 1.05–1, 6.04–1, 6.04–6, and 160.5;
provided. our dockets by the name of the Department of Homeland Security
1. Submitting Comments individual submitting the comment (or Delegation No. 0170.1, which
signing the comment, if submitted on collectively authorize the Coast Guard
If you submit a comment, please to establish security zones. This
behalf of an association, business, labor
include the docket number for this authority is separate from the
union, etc.). You may review a Privacy
rulemaking, indicate the specific section Department of the Army, Corps of
Act notice regarding our public dockets
of this document to which each Engineers authority to provide
in the January 17, 2008, issue of the
comment applies, and provide a reason appropriate security in defense of their
Federal Register (73 FR 3316).
for each suggestion or recommendation. waterfront facilities and for vessels
You may submit your comments and 4. Public Meeting moored thereto in accordance with the
material online at http:// We do not plan to hold a public restricted area in 33 CFR 334.1110.
www.regulations.gov, or by fax, mail, or meeting due to the nature of the existing The purpose of this rulemaking is to
hand delivery, but please use only one security zone and the limited impact to advance the Coast Guard’s efforts to
of these means. If you submit a the public. But you may submit a thwart potential terrorist activity
comment online, it will be considered request for one, using one of the through security measures on U.S. ports
received by the Coast Guard when you methods specified under ADDRESSES. and waterways.
successfully transmit the comment. If Please submit your request by August
you fax, hand deliver, or mail your D. Discussion of the Proposed Rule
21, 2015, and explain why you believe
comment, it will be considered as a public meeting would be beneficial. If The current regulation at § 165.1199
having been received by the Coast we determine that one would aid this contains several items that are the
Guard when it is received at the Docket rulemaking, we will hold one at a time subject of the revisions proposed in this
Management Facility. We recommend and place announced by a later notice NPRM. The proposed revisions to
that you include your name and a in the Federal Register. § 165.1199 would clarify the regulations
mailing address, an email address, or a in a concise, understandable format.
telephone number in the body of your B. Regulatory History and Information First, the Coast Guard proposes to
document so that we can contact you if On August 27, 1996, the Department revise § 165.1199(c) by clarifying the
we have questions regarding your of the Army, Corps of Engineers Coast Guard’s enforcement role during
submission. published a final rule in the Federal active loading operations, and the
To submit your comment online, go to Register (61 FR 43969) establishing a ability of the COTP to designate other
http://www.regulations.gov, type the restricted area 1 around the MOTCO representatives as having authority to
docket number in the ‘‘SEARCH’’ box piers (33 CFR 334.1110). Although the enforce the security zone. The Coast
and click ‘‘SEARCH.’’ Click on ‘‘Submit restricted area prohibits public access to Guard proposes to replace the existing
a Comment’’ on the line associated with the piers at all times, it lacks a term ‘‘patrol personnel,’’ in favor of a
this notice of proposed rulemaking. conditional boundary extension to be more appropriate term, ‘‘designated
If you submit your comments by mail enforced during the presence of representative,’’ which includes federal,
or hand delivery, submit them in an munitions laden vessels and/or military state and local officials designated by
unbound format, no larger than 81⁄2 by onload/offload activities. Prior to the COTP. This revision would clarify
11 inches, suitable for copying and January 24, 2005, the Coast Guard that the COTP may designate law
electronic filing. If you submit would address this lack of a conditional enforcement officials other than Coast
comments by mail and would like to boundary by publishing a temporary Guard personnel to patrol and enforce
know that they reached the Facility, security zone of sufficient size in the the security zone.
please enclose a stamped, self-addressed area for each operation at MOTCO (see The Coast Guard also proposes to
postcard or envelope. We will consider e.g., 68 FR 33382). revise the security zone so that it is
all comments and material received On January 24, 2005, to address this enforceable at any time a vessel loaded
during the comment period and may with munitions is present at a pier (in
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
issue on a more permanent basis, the
change the rule based on your Coast Guard published a final rule in addition to during military onload/
comments. the Federal Register (70 FR 3299) offload operations). Without this
revision, the existing security zone is
2. Viewing Comments and Documents 1 A ‘‘restricted area’’ is defined in § 334.2 as ‘‘[a] enforceable during military onload or
To view comments, as well as defined water area for the purpose of prohibiting or offload operations only.
documents mentioned in this preamble limiting public access to the area. Restricted areas Additionally, the Coast Guard
generally provide security for Government property
as being available in the docket, go to and/or protection to the public from the risks of
proposes to remove the existing
http://www.regulations.gov, type the damage or injury arising from the Government’s use provision regarding ‘‘Local Notice to
docket number in the ‘‘SEARCH’’ box of that area.’’ Mariners’’ as a means of notifying the
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![48790 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules
power and responsibilities between the § 165.1199 Security Zones; Military Ocean scene. In addition, COTP maintains a
Federal Government and Indian tribes. Terminal Concord (MOTCO), Concord, telephone line that is maintained 24
California. hours a day, 7 days a week. The public
12. Energy Effects (a) Location. The security zone(s) can contact COTP at (415) 399–3547 to
This proposed rule is not a reside(s) within the navigable waters of obtain information concerning
Suisun Bay, California, extending from enforcement of this section. When the
‘‘significant energy action’’ under
the surface to the sea floor, within 500 security zones are no longer needed, the
Executive Order 13211, Actions
yards of the three Military Ocean COTP or designated representative will
Concerning Regulations That
Terminal Concord (MOTCO) piers in cease enforcement of the security zones.
Significantly Affect Energy Supply,
Concord, California. Upon suspension of enforcement, all
Distribution, or Use. (b) Definitions. As used in this persons and vessels are granted general
13. Technical Standards section, ‘‘designated representative’’ permissions to enter, move within, and
means any Coast Guard commissioned, exit the security zones, but should
This proposed rule does not use warrant, or petty officer or any Federal, remain cognizant of the applicable
technical standards. Therefore, we did state, or local law enforcement officer restricted area designated in 33 CFR
not consider the use of voluntary who has been designated by the Captain 334.1110.
consensus standards. of the Port San Francisco (COTP) to act
on the COTP’s behalf. The COTP’s Dated: July 1, 2015.
14. Environment Gregory G. Stump,
representative may be on a Coast Guard
We have analyzed this proposed rule vessel, a Coast Guard Auxiliary vessel, Captain, U.S. Coast Guard, Captain of the
under Department of Homeland a Federal, state, or local law Port San Francisco.
Security Management Directive 023–01 enforcement vessel, or a location on [FR Doc. 2015–20110 Filed 8–13–15; 8:45 am]
and Commandant Instruction shore. BILLING CODE 9110–04–P
M16475.lD, which guide the Coast (c) Regulations. (1) The security
Guard in complying with the National zone(s) described in paragraph (a) of
Environmental Policy Act of 1969 this section will be in force during ENVIRONMENTAL PROTECTION
(NEPA) (42 U.S.C. 4321–4370f), and active military onloading and/or AGENCY
have made a preliminary determination offloading operations and at any time a
that this action is one of a category of vessel loaded with munitions is present 40 CFR Part 52
actions that do not individually or at a pier. [EPA–R03–OAR–2015–0454; FRL–9932–34–
cumulatively have a significant effect on (2) When one or more piers are Region 3]
the human environment. This proposed involved in onload or offload operations
rule involves a security zone of limited at the same time, there will be a 500- Approval and Promulgation of Air
size and duration. This proposed rule is yard security zone for each involved Quality Implementation Plans; Virginia;
categorically excluded from further pier. Movement of the Northern Virginia
review under paragraph 34(g) of Figure (3) Under the general regulations in Area From Virginia’s Nonattainment
2–1 of the Commandant Instruction. A subpart D of this part, entry into, Area List to Its Maintenance Area List
preliminary environmental analysis transiting or anchoring within the
checklist supporting this determination security zone(s) described in paragraph AGENCY: Environmental Protection
and a Categorical Exclusion (a) of this section is prohibited during Agency (EPA).
Determination are available in the times of enforcement unless authorized ACTION: Proposed rule.
docket where indicated under by the COTP or a designated
representative. SUMMARY: The Environmental Protection
ADDRESSES. We seek any comments or
(4) Vessel operators desiring to enter Agency (EPA) proposes to approve the
information that may lead to the
or operate within the security zone(s) State Implementation Plan (SIP)
discovery of a significant environmental
during times of enforcement must revision submitted by the
impact from this proposed rule.
contact the COTP or a designated Commonwealth of Virginia for the
List of Subjects in 33 CFR Part 165 representative on VHF–16 or through purpose of moving the localities of
the 24-hour Command Center at Northern Virginia from Virginia’s
Harbors, Marine safety, Navigation telephone (415) 399–3547 to obtain regulatory list of nonattainment areas to
(water), Reporting and recordkeeping permission to do so. Vessel operators its list of maintenance areas for fine
requirements, Security measures, given permission to enter or operate in particulate matter (PM2.5). In the Final
Waterways. the security zone(s) must comply with Rules section of this Federal Register,
For the reasons discussed in the all directions given to them by the EPA is approving the Commonwealth’s
preamble, the Coast Guard proposes to COTP or a designated representative. SIP submittal as a direct final rule
amend 33 CFR part 165 as follows: (5) Upon being hailed by the COTP or without prior proposal because the
designated representative by siren, Agency views this as a noncontroversial
PART 165—REGULATED NAVIGATION radio, flashing light, or other means, the submittal and anticipates no adverse
AREAS AND LIMITED ACCESS AREAS operator of a vessel approaching the comments. A detailed rationale for the
security zone(s) must proceed as approval is set forth in the direct final
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
■ 1. The authority citation for part 165 directed to avoid entering the security rule. If no adverse comments are
continues to read as follows: zone(s). received in response to this action, no
(d) Notice of enforcement or further activity is contemplated. If EPA
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
suspension of enforcement of security receives adverse comments, the direct
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation zone(s). During periods that one or more final rule will be withdrawn and all
No. 0170.1. security zones are enforced, the COTP public comments received will be
or a designated representative will issue addressed in a subsequent final rule
■ 2. Revise § 165.1199 to read as a Broadcast Notice to Mariners and/or based on this proposed rule. EPA will
follows: notify mariners via actual notice on- not institute a second comment period.
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Document Created: 2018-02-23 10:58:38
Document Modified: 2018-02-23 10:58:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before September 14, 2015. Requests for public meetings must be received by the Coast Guard on or before August 21, 2015. | |
| Contact | If you have questions on this proposed rule, call or email Lieutenant Marcia Medina, Sector San Francisco, U.S. Coast Guard; telephone (415) 399-7443, email D11-PF- [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 48787 | |
| RIN Number | 1625-AA87 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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