81_FR_37626 81 FR 37514 - Security Zone; Military Ocean Terminal Concord (MOTCO); Concord, California

81 FR 37514 - Security Zone; Military Ocean Terminal Concord (MOTCO); Concord, California

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range37514-37517
FR Document2016-13781

The Coast Guard is revising 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 action is intended to clarify responsibilities and authorities for enforcement of the security zone.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37514-37517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13781]


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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: Final rule.

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

SUMMARY: The Coast Guard is revising 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 
action is intended to clarify responsibilities and authorities for 
enforcement of the security zone.

DATES: This rule is effective from July 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0330 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 Lieutenant Marcia Medina, Sector San Francisco, U.S. 
Coast Guard; telephone (415) 399-7443, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
MOTCO Military Ocean Terminal Concord
NPRM Notice of Proposed Rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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

[[Page 37515]]

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 that generally provides 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.
    On July 1, 2015, the Coast Guard published a NPRM (80 FR 48787), 
with proposed changes to clarify responsibilities and authorities for 
enforcement of the security zone. There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this security zone. During the comment period that ended on September 
14, 2015, we received 0 comments.

III. Legal Authority and Need for Rule

    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.

IV. Discussion of Comments, Changes, and the Rule

    The current regulation at Sec.  165.1199 contains several items 
that are the subject of the revisions in this FR. The revisions to 
Sec.  165.1199 will clarify the regulations in a concise, 
understandable format.
    First, the Coast Guard revises 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 clarifies that the COTP may designate law enforcement 
officials other than Coast Guard personnel to patrol and enforce the 
security zone.
    The Coast Guard also revises 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 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).
    No changes in the regulatory text of the rule in the NPRM.

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 or executive orders.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    Security zone enforcement would be limited in duration, and limited 
to a narrowly tailored geographic area. In addition, although this rule 
would restrict access to the waters encompassed by the security zone, 
the effect of this 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.

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 received 0 comments from the Small Business 
Administration on this rulemaking. 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.
    This 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.
    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

[[Page 37516]]

    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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 of limited size and duration. This rule 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An 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 rule.

G. 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.

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:  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

[[Page 37517]]

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: May 20, 2016.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-13781 Filed 6-9-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                  37514                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations

                                                     Long Creek and Sloop Channel are                     ADDRESSES:   The docket for this                       DEPARTMENT OF HOMELAND
                                                  transited by commercial fishing and                     deviation, [USCG–2016–0484] is                         SECURITY
                                                  recreational vessel traffic.                            available at http://www.regulations.gov.
                                                     Under this temporary deviation, the                  Type the docket number in the                          Coast Guard
                                                  Loop Parkway and the Meadowbrook                        ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                  State Parkway Bridges may remain in                     Click on Open Docket Folder on the line                33 CFR Part 165
                                                  the closed position between 9:30 p.m.                   associated with this deviation.                        [Docket Number USCG–2015–0330]
                                                  and 11:59 p.m. on June 25, 2016 (rain
                                                                                                          FOR FURTHER INFORMATION CONTACT:     If                RIN 1625–AA87
                                                  date: June 26, 2016 between 9:30 p.m.
                                                                                                          you have questions on this temporary
                                                  and 11:59 p.m.).
                                                                                                          deviation, call or email Mr. Michael                   Security Zone; Military Ocean Terminal
                                                     Vessels able to pass under the bridge
                                                                                                          Thorogood, Bridge Administration                       Concord (MOTCO); Concord, California
                                                  in the closed position may do so at
                                                                                                          Branch Fifth District, Coast Guard,
                                                  anytime. The bridges will not be able to                                                                       AGENCY:    Coast Guard, DHS.
                                                                                                          telephone 757–398–6557, email
                                                  open for emergencies and there are no
                                                                                                          Michael.R.Thorogood@uscg.mil.                          ACTION:   Final rule.
                                                  immediate alternate routes for vessels to
                                                  pass.                                                   SUPPLEMENTARY INFORMATION:      The Town               SUMMARY:   The Coast Guard is revising
                                                     The Coast Guard will also inform the                 of Ocean City, on behalf of the Maryland               the existing conditional security zone
                                                  users of the waterways through our                      State Highway Administration, who                      regulation currently in place in the
                                                  Local and Broadcast Notices to Mariners                 owns the US 50 (Harry W. Kelly                         navigable waters of Suisun Bay,
                                                  of the change in operating schedule for                 Memorial) Bridge, has requested a                      California, near Concord, California
                                                  the bridge so that vessels can arrange                  temporary deviation from the current                   around each of the three piers at the
                                                  their transits to minimize any impact                   operating regulations set out in 33 CFR                Military Ocean Terminal Concord
                                                  caused by the temporary deviation.                      117.559, to accommodate increased                      (MOTCO), California (formerly United
                                                     In accordance with 33 CFR 117.35(e),                 vehicular traffic of the 2016 Ocean City               States Naval Weapons Center Concord,
                                                  the drawbridge must return to its regular               Air Show.                                              California). This action is intended to
                                                  operating schedule immediately at the                      Under this temporary deviation, the                 clarify responsibilities and authorities
                                                  end of the effective period of this                     bridge will be closed-to-navigation from               for enforcement of the security zone.
                                                  temporary deviation. This deviation                     3:55 p.m. to 4:55 p.m. on June 18, 2016,               DATES: This rule is effective from July
                                                  from the operating regulations is                       and from 3:55 p.m. to 4:55 p.m. on June                11, 2016.
                                                  authorized under 33 CFR 117.35.                         19, 2016. The bridge is a double bascule               ADDRESSES: To view documents
                                                    Dated: June 6, 2016.                                  bridge and has a vertical clearance in                 mentioned in this preamble as being
                                                  C.J. Bisignano,                                         the closed-to-navigation position of 13                available in the docket, go to http://
                                                  Supervisory Bridge Management Specialist,               feet above mean high water.                            www.regulations.gov, type USCG–2015–
                                                  First Coast Guard District.                                The Isle of Wight (Sinetuxent) Bay is               0330 in the ‘‘SEARCH’’ box and click
                                                  [FR Doc. 2016–13692 Filed 6–9–16; 8:45 am]              used by a variety of vessels including                 ‘‘SEARCH.’’ Click on Open Docket
                                                  BILLING CODE 9110–04–P                                  small fishing vessels and recreational                 Folder on the line associated with this
                                                                                                          vessels. The Coast Guard has carefully                 rule.
                                                                                                          considered the nature and volume of                    FOR FURTHER INFORMATION CONTACT: If
                                                  DEPARTMENT OF HOMELAND                                  vessel traffic on the waterway in                      you have questions on this rule, call or
                                                  SECURITY                                                publishing this temporary deviation.                   email Lieutenant Marcia Medina, Sector
                                                  Coast Guard                                                Vessels able to pass through the                    San Francisco, U.S. Coast Guard;
                                                                                                          bridge in the closed position may do so                telephone (415) 399–7443, email D11-
                                                  33 CFR Part 117                                         at anytime. The bridge will be able to                 PF-MarineEvents@uscg.mil.
                                                                                                          open for emergencies and there is no                   SUPPLEMENTARY INFORMATION:
                                                  [Docket No. USCG–2016–0484]                             immediate alternate route for vessels to
                                                                                                                                                                 I. Table of Abbreviations
                                                                                                          pass. The Coast Guard will also inform
                                                  Drawbridge Operation Regulation; Isle                                                                          CFR Code of Federal Regulations
                                                                                                          the users of the waterway through our
                                                  of Wight (Sinepuxent) Bay, Ocean City,                                                                         COTP Captain of the Port San Francisco
                                                                                                          Local Notice and Broadcast Notices to
                                                  MD                                                                                                             DHS Department of Homeland Security
                                                                                                          Mariners of the change in operating
                                                                                                          schedule for the bridge so that vessel                 E.O. Executive Order
                                                  AGENCY: Coast Guard, DHS.                                                                                      FR Federal Register
                                                  ACTION:Notice of deviation from                         operators can arrange their transits to                MOTCO Military Ocean Terminal Concord
                                                  drawbridge regulations.                                 minimize any impact caused by the                      NPRM Notice of Proposed Rulemaking
                                                                                                          temporary deviation.                                   Pub. L. Public Law
                                                  SUMMARY:   The Coast Guard has issued a                    In accordance with 33 CFR 117.35(e),                § Section
                                                  temporary deviation from the operating                  the drawbridge must return to its regular              U.S.C. United States Code
                                                  schedule that governs the US 50 (Harry                  operating schedule immediately at the                  II. Background Information and
                                                  W. Kelly Memorial) Bridge across the                    end of the effective period of this                    Regulatory History
                                                  Isle of Wight (Sinepuxent) Bay, mile 0.5,               temporary deviation. This deviation
                                                  at Ocean City, MD. The deviation is                     from the operating regulations is                        On August 27, 1996, the Department
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  necessary to accommodate the increased                  authorized under 33 CFR 117.35.                        of the Army, Corps of Engineers
                                                  vehicular traffic of the 2016 Ocean City                                                                       published a final rule in the Federal
                                                  Air Show. This deviation allows the                       Dated: June 7, 2016.                                 Register (61 FR 43969) establishing a
                                                  bridge to remain in the closed-to-                      Hal R. Pitts,                                          restricted area 1 around the MOTCO
                                                  navigation position.                                    Bridge Program Manager, Fifth Coast Guard
                                                                                                                                                                   1 A ‘‘restricted area’’ is defined in § 334.2 as a
                                                  DATES: The deviation is effective from                  District.
                                                                                                                                                                 defined water area for the purpose of prohibiting or
                                                  3:55 p.m. on Saturday June 18, 2016, to                 [FR Doc. 2016–13777 Filed 6–9–16; 8:45 am]
                                                                                                                                                                 limiting public access to the area that generally
                                                  4:55 p.m. Sunday June 19, 2016.                         BILLING CODE 9110–04–P                                 provides security for Government property and/or



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                                                                       Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations                                         37515

                                                  piers (33 CFR 334.1110). Although the                   revisions to § 165.1199 will clarify the               harmonizing rules, and of promoting
                                                  restricted area prohibits public access to              regulations in a concise, understandable               flexibility. This rule has not been
                                                  the piers at all times, it lacks a                      format.                                                designated a ‘‘significant regulatory
                                                  conditional boundary extension to be                       First, the Coast Guard revises                      action,’’ under E.O. 12866. Accordingly,
                                                  enforced during the presence of                         § 165.1199(c) by clarifying the Coast                  it has not been reviewed by the Office
                                                  munitions laden vessels and/or military                 Guard’s enforcement role during active                 of Management and Budget.
                                                  onload/offload activities. Prior to                     loading operations, and the ability of the                Security zone enforcement would be
                                                  January 24, 2005, the Coast Guard                       COTP to designate other representatives                limited in duration, and limited to a
                                                  would address this lack of a conditional                as having authority to enforce the                     narrowly tailored geographic area. In
                                                  boundary by publishing a temporary                      security zone. The Coast Guard                         addition, although this rule would
                                                  security zone of sufficient size in the                 proposes to replace the existing term                  restrict access to the waters
                                                  area for each operation at MOTCO (see                   ‘‘patrol personnel,’’ in favor of a more               encompassed by the security zone, the
                                                  e.g., 68 FR 33382).                                     appropriate term, ‘‘designated                         effect of this rule would not be
                                                     On January 24, 2005, to address this                 representative,’’ which includes federal,              significant because the local waterway
                                                  issue on a more permanent basis, the                    state and local officials designated by                users will be notified via Broadcast
                                                  Coast Guard published a final rule in                   the COTP. This revision clarifies that                 Notice to Mariners and/or actual notice
                                                  the Federal Register (70 FR 3299)                       the COTP may designate law                             on-scene during military onloads or
                                                  establishing a conditional 500-yard                     enforcement officials other than Coast                 offloads. The entities most likely to be
                                                  security zone around MOTCO’s piers to                   Guard personnel to patrol and enforce                  affected are waterfront facilities,
                                                  be enforced during military onload/                     the security zone.                                     commercial vessels, and pleasure craft
                                                  offload operations (33 CFR 165.1199).                      The Coast Guard also revises the                    engaged in recreational activities.
                                                  The security zone provides necessary                    security zone so that it is enforceable at             B. Impact on Small Entities
                                                  security for military operations by                     any time a vessel loaded with munitions
                                                  providing a standoff distance for blast                 is present at a pier (in addition to during               The Regulatory Flexibility Act of
                                                                                                          military onload/offload operations).                   1980, 5 U.S.C. 601–612, as amended,
                                                  and collision, a surveillance and
                                                                                                          Without this revision, the existing                    requires Federal agencies to consider
                                                  detection perimeter, and a margin of
                                                                                                          security zone is enforceable during                    the potential impact of regulations on
                                                  response time for security personnel.
                                                                                                          military onload or offload operations                  small entities during rulemaking. The
                                                     On July 1, 2015, the Coast Guard
                                                                                                          only.                                                  term ‘‘small entities’’ comprises small
                                                  published a NPRM (80 FR 48787), with
                                                                                                             Additionally, the Coast Guard                       businesses, not-for-profit organizations
                                                  proposed changes to clarify
                                                                                                          proposes to remove the existing                        that are independently owned and
                                                  responsibilities and authorities for
                                                                                                          provision regarding ‘‘Local Notice to                  operated and are not dominant in their
                                                  enforcement of the security zone. There
                                                                                                          Mariners’’ as a means of notifying the                 fields, and governmental jurisdictions
                                                  we stated why we issued the NPRM,
                                                                                                          public that the security zone will be                  with populations of less than 50,000.
                                                  and invited comments on our proposed
                                                                                                          enforced. The security concern related                 The Coast Guard received 0 comments
                                                  regulatory action related to this security
                                                                                                          to providing advance notification of the               from the Small Business Administration
                                                  zone. During the comment period that
                                                                                                          presence of an explosive load at a                     on this rulemaking. The Coast Guard
                                                  ended on September 14, 2015, we                                                                                certifies under 5 U.S.C. 605(b) that this
                                                  received 0 comments.                                    military base outweighs the benefit of
                                                                                                          advance notice of the security zone.                   rule will not have a significant
                                                  III. Legal Authority and Need for Rule                  Instead, the Coast Guard would notify                  economic impact on a substantial
                                                                                                          the public of security zone enforcement                number of small entities.
                                                    The legal basis for this rule is 33
                                                                                                          (and suspensions of enforcement) via                      This rule may affect owners and
                                                  U.S.C. 1231; 50 U.S.C. 191; 33 CFR
                                                                                                          Broadcast Notice to Mariners and/or                    operators of waterfront facilities,
                                                  1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                          actual notice on-scene during military                 commercial vessels, and pleasure craft
                                                  Department of Homeland Security
                                                                                                          onloads or offloads. This revision would               engaged in recreational activities and
                                                  Delegation No. 0170.1, which
                                                                                                          better align the notification method of                sightseeing. The security zone would
                                                  collectively authorize the Coast Guard
                                                                                                          this security zone with the notification               not have a significant economic impact
                                                  to establish security zones. This
                                                                                                          method for the existing safety zone in                 on a substantial number of small entities
                                                  authority is separate from the
                                                                                                          the area (see § 165.1198).                             for the following reasons. The security
                                                  Department of the Army, Corps of
                                                                                                             No changes in the regulatory text of                zone would be activated, and thus
                                                  Engineers authority to provide
                                                                                                          the rule in the NPRM.                                  subject to patrol and enforcement, for a
                                                  appropriate security in defense of their
                                                                                                                                                                 limited duration. When the security
                                                  waterfront facilities and for vessels                   V. Regulatory Analyses                                 zone is activated, vessel traffic would be
                                                  moored thereto in accordance with the
                                                                                                            We developed this rule after                         directed to pass safety around the
                                                  restricted area in 33 CFR 334.1110.
                                                                                                          considering numerous statutes and                      security zone. The maritime public
                                                    The purpose of this rulemaking is to
                                                                                                          executive orders related to rulemaking.                would be advised when transiting near
                                                  advance the Coast Guard’s efforts to
                                                                                                          Below we summarize our analyses                        the activated zone.
                                                  thwart potential terrorist activity                                                                               Under section 213(a) of the Small
                                                  through security measures on U.S. ports                 based on a number of these statutes or
                                                                                                          executive orders.                                      Business Regulatory Enforcement
                                                  and waterways.                                                                                                 Fairness Act of 1996 (Pub. L. 104–121),
                                                  IV. Discussion of Comments, Changes,                    A. Regulatory Planning and Review                      we want to assist small entities in
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                                                  and the Rule                                              E.O.s 12866 and 13563 direct agencies                understanding this rule. If the rule
                                                                                                          to assess the costs and benefits of                    would affect your small business,
                                                    The current regulation at § 165.1199
                                                                                                          available regulatory alternatives and, if              organization, or governmental
                                                  contains several items that are the
                                                                                                          regulation is necessary, to select                     jurisdiction and you have questions
                                                  subject of the revisions in this FR. The
                                                                                                          regulatory approaches that maximize                    concerning its provisions or options for
                                                  protection to the public from the risks of damage
                                                                                                          net benefits. E.O. 13563 emphasizes the                compliance, please contact the person
                                                  or injury arising from the Government’s use of that     importance of quantifying both costs                   listed in the FOR FURTHER INFORMATION
                                                  area.                                                   and benefits, of reducing costs, of                    CONTACT section.



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                                                  37516                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations

                                                    Small businesses may send comments                    we do discuss the effects of this rule                 the surface to the sea floor, within 500
                                                  on the actions of Federal employees                     elsewhere in this preamble.                            yards of the three Military Ocean
                                                  who enforce, or otherwise determine                                                                            Terminal Concord (MOTCO) piers in
                                                                                                          F. Environment
                                                  compliance with, Federal regulations to                                                                        Concord, California.
                                                  the Small Business and Agriculture                        We have analyzed this rule under                        (b) Definitions. As used in this
                                                  Regulatory Enforcement Ombudsman                        Department of Homeland Security                        section, ‘‘designated representative’’
                                                  and the Regional Small Business                         Management Directive 023–01 and                        means any Coast Guard commissioned,
                                                  Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                      warrant, or petty officer or any Federal,
                                                  Ombudsman evaluates these actions                       which guide the Coast Guard in                         state, or local law enforcement officer
                                                  annually and rates each agency’s                        complying with the National                            who has been designated by the Captain
                                                  responsiveness to small business. If you                Environmental Policy Act of 1969 (42                   of the Port San Francisco (COTP) to act
                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                           on the COTP’s behalf. The COTP’s
                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a                representative may be on a Coast Guard
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                        vessel, a Coast Guard Auxiliary vessel,
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                    a Federal, state, or local law
                                                  small entities that question or complain                significant effect on the human                        enforcement vessel, or a location on
                                                  about this rule or any policy or action                 environment. This rule involves a                      shore.
                                                  of the Coast Guard.                                     security zone of limited size and                         (c) Regulations. (1) The security
                                                                                                          duration. This rule is categorically                   zone(s) described in paragraph (a) of
                                                  C. Collection of Information                                                                                   this section will be in force during
                                                                                                          excluded from further review under
                                                    This rule will not call for a new                     paragraph 34(g) of Figure 2–1 of the                   active military onloading and/or
                                                  collection of information under the                     Commandant Instruction. An                             offloading operations and at any time a
                                                  Paperwork Reduction Act of 1995 (44                     environmental analysis checklist                       vessel loaded with munitions is present
                                                  U.S.C. 3501–3520).                                      supporting this determination and a                    at a pier.
                                                                                                          Categorical Exclusion Determination are                   (2) When one or more piers are
                                                  D. Federalism and Indian Tribal                                                                                involved in onload or offload operations
                                                  Governments                                             available in the docket where indicated
                                                                                                          under ADDRESSES. We seek any                           at the same time, there will be a 500-
                                                     A rule has implications for federalism               comments or information that may lead                  yard security zone for each involved
                                                  under E.O. 13132, Federalism, if it has                 to the discovery of a significant                      pier.
                                                  a substantial direct effect on the States,              environmental impact from this rule.                      (3) Under the general regulations in
                                                  on the relationship between the national                                                                       subpart D of this part, entry into,
                                                  government and the States, or on the                    G. Protest Activities                                  transiting or anchoring within the
                                                  distribution of power and                                 The Coast Guard respects the First                   security zone(s) described in paragraph
                                                  responsibilities among the various                      Amendment rights of protesters.                        (a) of this section is prohibited during
                                                  levels of government. We have analyzed                  Protesters are asked to contact the                    times of enforcement unless authorized
                                                  this rule under that Order and have                     person listed in the FOR FURTHER                       by the COTP or a designated
                                                  determined that it is consistent with the               INFORMATION CONTACT section to                         representative.
                                                  fundamental federalism principles and                   coordinate protest activities so that your                (4) Vessel operators desiring to enter
                                                  preemption requirements described in                    message can be received without                        or operate within the security zone(s)
                                                  E.O. 13132.                                             jeopardizing the safety or security of                 during times of enforcement must
                                                     Also, this rule does not have tribal                 people, places or vessels.                             contact the COTP or a designated
                                                  implications under E.O. 13175,                                                                                 representative on VHF–16 or through
                                                  Consultation and Coordination with                      List of Subjects in 33 CFR Part 165                    the 24-hour Command Center at
                                                  Indian Tribal Governments, because it                     Harbors, Marine safety, Navigation                   telephone (415) 399–3547 to obtain
                                                  does not have a substantial direct effect               (water), Reporting and recordkeeping                   permission to do so. Vessel operators
                                                  on one or more Indian tribes, on the                    requirements, Security measures,                       given permission to enter or operate in
                                                  relationship between the Federal                        Waterways.                                             the security zone(s) must comply with
                                                  Government and Indian tribes, or on the                   For the reasons discussed in the                     all directions given to them by the
                                                  distribution of power and                               preamble, the Coast Guard amends 33                    COTP or a designated representative.
                                                  responsibilities between the Federal                    CFR part 165 as follows:                                  (5) Upon being hailed by the COTP or
                                                  Government and Indian tribes. If you                                                                           designated representative by siren,
                                                  believe this rule has implications for                  PART 165—REGULATED NAVIGATION                          radio, flashing light, or other means, the
                                                  federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                         operator of a vessel approaching the
                                                  contact the person listed in the FOR                                                                           security zone(s) must proceed as
                                                  FURTHER INFORMATION CONTACT section                     ■ 1. The authority citation for part 165               directed to avoid entering the security
                                                  above.                                                  continues to read as follows:                          zone(s).
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;               (d) Notice of enforcement or
                                                  E. Unfunded Mandates Reform Act                                                                                suspension of enforcement of security
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                    The Unfunded Mandates Reform Act                      Department of Homeland Security Delegation             zone(s). During periods that one or more
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   No. 0170.1.                                            security zones are enforced, the COTP
                                                  Federal agencies to assess the effects of               ■ 2. Revise § 165.1199 to read as                      or a designated representative will issue
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                                                  their discretionary regulatory actions. In              follows:                                               a Broadcast Notice to Mariners and/or
                                                  particular, the Act addresses actions                                                                          notify mariners via actual notice on-
                                                  that may result in the expenditure by a                 § 165.1199 Security Zones; Military Ocean              scene. In addition, COTP maintains a
                                                  State, local, or tribal government, in the              Terminal Concord (MOTCO), Concord,                     telephone line that is maintained 24
                                                  aggregate, or by the private sector of                  California.                                            hours a day, 7 days a week. The public
                                                  $100,000,000 (adjusted for inflation) or                  (a) Location. The security zone(s)                   can contact COTP at (415) 399–3547 to
                                                  more in any one year. Though this rule                  reside(s) within the navigable waters of               obtain information concerning
                                                  will not result in such an expenditure,                 Suisun Bay, California, extending from                 enforcement of this section. When the


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                                                                       Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations                                                    37517

                                                  security zones are no longer needed, the                from Regulations.gov. For either manner                Individually and collectively these
                                                  COTP or designated representative will                  of submission, EPA may publish any                     standards are referred to as NAAQS.
                                                  cease enforcement of the security zones.                comment received to its public docket.                 Section 109(d)(1) of the CAA requires
                                                  Upon suspension of enforcement, all                     Do not submit electronically any                       EPA to review, and if necessary, based
                                                  persons and vessels are granted general                 information you consider to be                         on accumulated health and welfare data,
                                                  permissions to enter, move within, and                  Confidential Business Information (CBI)                to revise each NAAQS every five years.
                                                  exit the security zones, but should                     or other information whose disclosure is               If a NAAQS is revised, states whose
                                                  remain cognizant of the applicable                      restricted by statute. Multimedia                      rules include state air quality standards
                                                  restricted area designated in 33 CFR                    submissions (audio, video, etc.) must be               may revise their rules to address the
                                                  334.1110.                                               accompanied by a written comment.                      revised NAAQS and associated
                                                    Dated: May 20, 2016.                                  The written comment is considered the                  monitoring requirements, and submit
                                                                                                          official comment and should include                    them to EPA as SIP revision requests.
                                                  Gregory G. Stump,
                                                                                                          discussion of all points you wish to                   See, e.g., 415 ILCS 5/10(H).
                                                  Captain, U.S. Coast Guard, Captain of the
                                                                                                          make. EPA will generally not consider
                                                  Port San Francisco.                                                                                               On December 18, 2014, the Illinois
                                                                                                          comments or comment contents located
                                                  [FR Doc. 2016–13781 Filed 6–9–16; 8:45 am]
                                                                                                          outside of the primary submission (i.e.                Environmental Protection Agency
                                                  BILLING CODE 9110–04–P
                                                                                                          on the web, cloud, or other file sharing               (IEPA) submitted to EPA for approval as
                                                                                                          system). For additional submission                     SIP revisions updates to the methods
                                                                                                          methods, please contact the person                     used by Illinois to monitor air quality
                                                  ENVIRONMENTAL PROTECTION                                identified in the FOR FURTHER                          for several NAAQS. These updates
                                                  AGENCY                                                  INFORMATION CONTACT section. For the                   correspond to EPA’s revised monitoring
                                                                                                          full EPA public comment policy,                        methods promulgated during the period
                                                  40 CFR Part 52                                          information about CBI or multimedia                    of July 1, 2013, through December 31,
                                                  [EPA–R05–OAR–2015–0009; EPA–R05–                        submissions, and general guidance on                   2013. The Illinois Pollution Control
                                                  OAR–2015–0314; FRL–9946–80–Region 5]                    making effective comments, please visit                Board (IPCB) adopted these rule
                                                                                                          http://www2.epa.gov/dockets/                           revisions on June 5, 2014, as rule
                                                  Air Plan Approval; Illinois; NAAQS                      commenting-epa-dockets.                                revision group R14–17.
                                                  Updates                                                 FOR FURTHER INFORMATION CONTACT:                          On April 23, 2015, IEPA submitted to
                                                  AGENCY: Environmental Protection                        Edward Doty, Attainment Planning and                   EPA for approval as SIP revisions an
                                                  Agency (EPA).                                           Maintenance Section, Air Programs                      additional update to include the 2012
                                                  ACTION: Direct final rule.                              Branch (AR–18J), Environmental                         primary annual and 24-hour PM2.5
                                                                                                          Protection Agency, Region 5, 77 West                   NAAQS and a provision incorporating
                                                  SUMMARY:    The Environmental Protection                Jackson Boulevard, Chicago, Illinois                   by reference EPA-promulgated
                                                  Agency (EPA) is approving revised rules                 60604, (312) 886–6057, Doty.Edward@                    monitoring methods. These rule updates
                                                  submitted by the State of Illinois as                   epa.gov.                                               correspond to the NAAQS and
                                                  State Implementation Plan (SIP)                         SUPPLEMENTARY INFORMATION:                             monitoring methods promulgated by
                                                  revisions. The submitted rules update                   Throughout this document whenever                      EPA during the period of January 1,
                                                  Illinois’ ambient air quality standards to              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            2013, through June 30, 2013, and on
                                                  include the 2012 primary National                       EPA. This SUPPLEMENTARY INFORMATION                    July 3, 2013, and August 5, 2013. This
                                                  Ambient Air Quality Standard (NAAQS)                    section is arranged as follows:                        state submittal also addressed the
                                                  for fine particulate matter (PM2.5), add                                                                       ‘‘sunset provisions’’ of 40 CFR 50.4(e),
                                                  EPA-promulgated monitoring methods,                     I. When and why did the State make these
                                                                                                                submittals?                                      finding that the 1971 NAAQS for sulfur
                                                  and address the ‘‘sunset provisions’’ in                                                                       dioxide (SO2) no longer applies to the
                                                                                                          II. What are the State rule revisions?
                                                  our regulations. In addition, the revised               A. April 23, 2015, Submittal—Rule Revision             Lemont and Pekin areas in Illinois.
                                                  rules contain the timing requirements                         Group R14–06                                     Finally, the revised rules contain the
                                                  for the ‘‘flagging of exceptional events’’              B. December 18, 2014, Submittal—Rule                   timing requirements for the ‘‘flagging of
                                                  and the submitting of documentation                           Revision Group R14–17                            exceptional events’’ and the submitting
                                                  supporting the determination of                         III. Did the State hold public hearings for
                                                                                                                these submittals?                                of documentation supporting the
                                                  exceptional events for the 2012 primary                                                                        determination of exceptional events for
                                                  annual PM2.5 standard.                                  IV. What is EPA’s analysis of the State’s
                                                                                                                submittals?                                      the 2012 primary annual PM2.5 standard.
                                                  DATES: This direct final rule will be                   V. What action is EPA taking?                          The IPCB adopted these rule revisions
                                                  effective August 9, 2016, unless EPA                    VI. Incorporation by Reference                         on September 5, 2013, as rule revision
                                                  receives adverse comments by July 11,                   VII. Statutory and Executive Order Reviews             group R14–6.
                                                  2016. If adverse comments are received
                                                                                                          I. When and why did the State make                     II. What are the State rule revisions?
                                                  by EPA, EPA will publish a timely
                                                                                                          these submittals?
                                                  withdrawal of the direct final rule in the
                                                                                                             Section 109 of the Clean Air Act                    A. April 23, 2015, Submittal—Rule
                                                  Federal Register informing the public
                                                                                                          (CAA) requires EPA to establish                        Revision Group R14–06
                                                  that the rule will not take effect.
                                                  ADDRESSES: Submit your comments,                        national primary (protective of human                    The rule revisions contained in the
                                                  identified by Docket ID No. EPA–R05–                    health) and secondary (protective of                   April 23, 2015 submittal are
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                                                  OAR–2015–0009 or EPA–R05–OAR–                           human welfare) air quality standards for               summarized below.
                                                  2015–0314 at http://                                    pollutants for which air quality criteria
                                                  www.regulations.gov or via email to                     have been issued under Section 108 of                  (represented by total suspended particulates (TSP),
                                                  Aburano.Douglas@epa.gov. For                            the CAA (the criteria pollutants 1).                   particulates (PM10), and fine particulates (PM2.5)),
                                                  comments submitted at Regulations.gov,                                                                         and lead (Pb). Note that Illinois also has air quality
                                                                                                            1 The criteria pollutants are ozone (O ), nitrogen   standard and monitoring rules for ‘‘coarse
                                                  follow the online instructions for                                                              3
                                                                                                          oxides (represented by nitrogen dioxide (NO2)),        particulate matter’’ (PM2.5–10), although this is not
                                                  submitting comments. Once submitted,                    sulfur oxides (represented by sulfur dioxide (SO2)),   a criteria pollutant and is generally considered to
                                                  comments cannot be edited or removed                    carbon monoxide (CO), particulate matter               be included in PM10.



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Document Created: 2018-02-08 07:35:57
Document Modified: 2018-02-08 07:35:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective from July 11, 2016.
ContactIf you have questions on this rule, call or email Lieutenant Marcia Medina, Sector San Francisco, U.S. Coast Guard; telephone (415) 399-7443, email D11-PF- [email protected]
FR Citation81 FR 37514 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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