82_FR_29866 82 FR 29741 - Safety Zone: Vengeance Sunken Barge, San Francisco, CA

82 FR 29741 - Safety Zone: Vengeance Sunken Barge, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29741-29743
FR Document2017-13648

The Coast Guard is establishing a temporary safety zone in support of the environmental and salvage response operation to the sunken barge Vengeance in the San Francisco Bay, east of Yerba Buena Island and north of the Oakland Outer Harbor Entrance Channel near Oakland, CA. All vessel traffic is prohibited from transiting the area to allow safe response operations to be conducted. All vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29741-29743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13648]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0310]
RIN 1625-AA00


Safety Zone: Vengeance Sunken Barge, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in 
support of the environmental and salvage response operation to the 
sunken barge Vengeance in the San Francisco Bay, east of Yerba Buena 
Island and north of the Oakland Outer Harbor Entrance Channel near 
Oakland, CA. All vessel traffic is prohibited from transiting the area 
to allow safe response operations to be conducted. All vessels are 
prohibited from entering into, transiting through, or remaining in the 
safety zone without permission of the Captain of the Port or their 
designated representative.

DATES: This rule is effective without actual notice from June 30, 2017 
until July 31, 2017. For the purposes of enforcement, actual notice 
will be used from June 1, 2017 until June 30, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2017-0310. To view these documents 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Marcia Medina, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443 or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedures Act
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NAD North American Datum of 1983
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. Publishing an NPRM would be 
impractical due to the emergent nature of the environmental and salvage 
response to be conducted on the barge Vengeance.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The Coast Guard finds that it is 
impracticable to provide notice and receive comment due to the emergent 
nature of the environmental and salvage response to be conducted on the 
barge Vengeance.

III. Legal Authority and Need for Rule

    The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C. 
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to establish safety zones.
    The sunken barge Vengeance creates a significant underwater hazard 
to navigation to vessels transiting the San Francisco Bay. The response 
operations are complex in nature and involve

[[Page 29742]]

multiple vessels. These operations, when conducted in close proximity 
to transiting vessels, create unpredictable hazards, hence 
necessitating a safety zone restricting all vessel traffic within this 
impacted area until environmental response operations are complete. 
This safety zone establishes a temporary restricted area on the 
navigable waters of the San Francisco Bay, east of Yerba Buena Island 
and north of Oakland Outer Harbor Entrance Channel within the following 
points: 37[deg]48.549' N. 122[deg]20.891' W., 37[deg]48.498' N. 
122[deg]21.134' W., 37[deg]48.346' N. 122[deg]21.068' W., and 
37[deg]48.461' N. 122[deg]20.782' W. (NAD 83). This restricted area 
applies to all vessels transiting the specified area.

IV. Discussion of the Rule

    The Coast Guard or a designated representative will enforce a 
safety zone in navigable waters of the San Francisco Bay, east of Yerba 
Buena Island and north of Oakland Outer Harbor Entrance Channel within 
the following points: 37[deg]48.549' N. 122[deg]20.891' W., 
37[deg]48.498' N. 122[deg]21.134' W., 37[deg]48.346' N. 122[deg]21.068' 
W., and 37[deg]48.461' N. 122[deg]20.782' W. (NAD 83).
    This safety zone is effective from June 1, 2017 through on July 31, 
2017 or as announced via Broadcast Notice to Mariners.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the sunken barge Vengeance until the 
environmental and salvage response operations are complete. Except for 
persons or vessels authorized by the Captain of the Port or a 
designated representative, no vessel may enter or remain in the 
restricted area. These regulations are needed to keep vessels safely 
outside of the response zone until environmental and salvage response 
operations are complete.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone is 
limited in duration, and is limited to a narrowly tailored geographic 
area. In addition, although this rule restricts access to the waters 
encompassed by the safety zone, the effect of this rule will not be 
significant because it is outside of the Oakland Outer Harbor Entrance 
Channel and will be notified via public Broadcast Notice to Mariners to 
ensure the safety zone will result in minimum impact. 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 (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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: Owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time, (ii) vessel traffic can transit safely around the safety zone, 
and (iii) the maritime public will be advised in advance of this safety 
zone via Broadcast Notice to Mariners.
    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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

[[Page 29743]]

    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. 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 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone 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. A Record 
of Environmental Consideration for categorically excluded actions is 
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, and 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. Add Sec.  165.T11-857 to read as follows:


Sec.  165.T11-857  Safety Zone; Vengeance Sunken Barge, San Francisco, 
CA.

    (a) Location. This temporary safety zone is established in the 
navigable waters of San Francisco Bay, east of Yerba Buena Island and 
north of Oakland Outer Harbor Entrance Channel within the following 
points: 37[deg]48.549' N. 122[deg]20.891' W., 37[deg]48.498' N. 
122[deg]21.134' W., 37[deg]48.346' N. 122[deg]21.068' W., and 
37[deg]48.461' N. 122[deg]20.782' W. (NAD 83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from June 1, 2017 through July 31, 2017 or as 
announced via Broadcast Notice to Mariner. The Captain of the Port San 
Francisco (COTP) will notify the maritime community of any changes to 
this enforcement period via Broadcast Notice to Mariners in accordance 
with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone through the 24-hour 
Command Center at telephone (415) 399-3547 or on VHF channel 16.

    Dated: June 1, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2017-13648 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations                                         29741

                                                hazards associated with the fireworks                   San Francisco. The PATCOM may, upon                    and click ‘‘SEARCH.’’ Click on Open
                                                display. During the enforcement period,                 request, allow the transit of commercial               Docket Folder on the line associated
                                                unauthorized persons or vessels are                     vessels through regulated areas when it                with this rulemaking.
                                                prohibited from entering into, transiting               is safe to do so.                                      FOR FURTHER INFORMATION CONTACT: If
                                                through, or anchoring in the safety zone,                  This notice of enforcement is issued                you have questions on this rule, call or
                                                unless authorized by the Patrol                         under authority of 33 CFR 165.1191 and                 email Lieutenant Marcia Medina, U.S.
                                                Commander (PATCOM).                                     5 U.S.C. 552 (a). In addition to this                  Coast Guard Sector San Francisco;
                                                DATES: The regulations in 33 CFR                        notification in the Federal Register, the              telephone (415) 399–7443 or email at
                                                165.1191, Table 1, Item number 28, will                 Coast Guard will provide the maritime                  D11-PF-MarineEvents@uscg.mil.
                                                be enforced from 6 a.m. on July 1, 2017                 community with extensive advance                       SUPPLEMENTARY INFORMATION:
                                                to 10:30 p.m. on July 3, 2017.                          notification of the safety zone and its
                                                FOR FURTHER INFORMATION CONTACT: If                     enforcement period via the Local Notice                I. Table of Abbreviations
                                                you have questions on this notice of                    to Mariners.                                           APA Administrative Procedures Act
                                                enforcement, call or email Lieutenant                      If the Captain of the Port determines               CFR Code of Federal Regulations
                                                Junior Grade Christina Ramirez, U.S.                    that the regulated area need not be                    COTP Captain of the Port
                                                Coast Guard Sector San Francisco;                       enforced for the full duration stated in               DHS Department of Homeland Security
                                                telephone (415) 399–2001 or email at                    this notice, a Broadcast Notice to                     FR Federal Register
                                                D11-PF-MarineEvents@uscg.mil.                           Mariners may be used to grant general                  NAD North American Datum of 1983
                                                                                                        permission to enter the regulated area.                NPRM Notice of Proposed Rulemaking
                                                SUPPLEMENTARY INFORMATION: The Coast                                                                           § Section
                                                Guard will enforce a 100 foot safety                      Dated: May 1, 2017.                                  U.S.C. United States Code
                                                zone around the fireworks barge during                  Anthony J. Ceraolo,
                                                the loading, transit, and arrival of the                Captain, U.S. Coast Guard, Captain of the              II. Background Information and
                                                fireworks barge from the loading                        Port, San Francisco.                                   Regulatory History
                                                location to the display location and                    [FR Doc. 2017–13836 Filed 6–29–17; 8:45 am]               The Coast Guard is issuing this
                                                until the start of the fireworks display.               BILLING CODE 9110–04–P                                 temporary final rule without prior
                                                From 6 a.m. on July 1, 2017 until 8 a.m.                                                                       notice and opportunity to comment
                                                on July 1, 2017, the fireworks barge will                                                                      pursuant to authority under section 4(a)
                                                be loading pyrotechnics Obexers Marina                  DEPARTMENT OF HOMELAND                                 of the Administrative Procedure Act
                                                in Homewood, CA. The fireworks barge                    SECURITY                                               (APA) (5 U.S.C. 553(b)). This provision
                                                will remain at the loading location until                                                                      authorizes an agency to issue a rule
                                                its transit to the display location. From               Coast Guard                                            without prior notice and opportunity to
                                                approximately 8 a.m. to 10 a.m. on July                                                                        comment when the agency for good
                                                1, 2017, the loaded fireworks barge will                33 CFR Part 165                                        cause finds that those procedures are
                                                transit from Obexers Marina to the                      [Docket No. USCG–2017–0310]                            ‘‘impracticable, unnecessary, or contrary
                                                launch site off-shore from Incline                                                                             to the public interest.’’
                                                                                                        RIN 1625–AA00
                                                Village, NV in approximate position                                                                               We did not publish a notice of
                                                39°13′54″ N., 119°56′25″ W. (NAD 83)                    Safety Zone: Vengeance Sunken                          proposed rulemaking (NPRM) for this
                                                where it will remain until the                          Barge, San Francisco, CA                               regulation. Under 5 U.S.C. 553(b)(B), the
                                                conclusion of the fireworks display.                                                                           Coast Guard finds that good cause exists
                                                Upon the commencement of the 24-                        AGENCY:    Coast Guard, DHS.                           for not publishing a NPRM. Publishing
                                                minute fireworks display, scheduled to                  ACTION:   Temporary final rule.                        an NPRM would be impractical due to
                                                begin at 9:30 p.m. on July 3, 2017, the                                                                        the emergent nature of the
                                                safety zone will increase in size and                   SUMMARY:   The Coast Guard is                          environmental and salvage response to
                                                encompass the navigable waters around                   establishing a temporary safety zone in                be conducted on the barge Vengeance.
                                                and under the fireworks barge within a                  support of the environmental and                          Under 5 U.S.C. 553(d)(3), the Coast
                                                radius 1,000 feet, off-shore from Incline               salvage response operation to the                      Guard finds that good cause exists for
                                                Village, NV, in approximate position                    sunken barge Vengeance in the San                      making this rule effective less than 30
                                                39°13′54″ N., 119°56′25″ W. (NAD 83)                    Francisco Bay, east of Yerba Buena                     days after publication in the Federal
                                                for the Execpro Services Fourth of July                 Island and north of the Oakland Outer                  Register. The Coast Guard finds that it
                                                Fireworks in 33 CFR 165.1191, Table 1,                  Harbor Entrance Channel near Oakland,                  is impracticable to provide notice and
                                                Item number 28. This safety zone will                   CA. All vessel traffic is prohibited from              receive comment due to the emergent
                                                be in effect from 6 a.m. on July 1, 2017                transiting the area to allow safe response             nature of the environmental and salvage
                                                until 10:30 p.m. on July 3, 2017.                       operations to be conducted. All vessels                response to be conducted on the barge
                                                   Under the provisions of 33 CFR                       are prohibited from entering into,                     Vengeance.
                                                165.1191, unauthorized persons or                       transiting through, or remaining in the
                                                                                                        safety zone without permission of the                  III. Legal Authority and Need for Rule
                                                vessels are prohibited from entering
                                                into, transiting through, or anchoring in               Captain of the Port or their designated                   The legal basis for the proposed rule
                                                the safety zone during all applicable                   representative.                                        is 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR
                                                effective dates and times, unless                       DATES: This rule is effective without                  1.05–1, 6.04–1, 6.04–6, 160.5;
                                                authorized to do so by the PATCOM.                      actual notice from June 30, 2017 until                 Department of Homeland Security
                                                   Additionally, each person who                        July 31, 2017. For the purposes of                     Delegation No. 0170.1, which
mstockstill on DSK30JT082PROD with RULES




                                                receives notice of a lawful order or                    enforcement, actual notice will be used                collectively authorize the Coast Guard
                                                direction issued by an official patrol                  from June 1, 2017 until June 30, 2017.                 to establish safety zones.
                                                vessel shall obey the order or direction.               ADDRESSES: Documents mentioned in                         The sunken barge Vengeance creates a
                                                The PATCOM is empowered to forbid                       this preamble are part of docket USCG–                 significant underwater hazard to
                                                entry into and control the regulated                    2017–0310. To view these documents go                  navigation to vessels transiting the San
                                                area. The PATCOM shall be designated                    to http://www.regulations.gov, type the                Francisco Bay. The response operations
                                                by the Commander, Coast Guard Sector                    docket number in the ‘‘SEARCH’’ box                    are complex in nature and involve


                                           VerDate Sep<11>2014   17:26 Jun 29, 2017   Jkt 241001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\30JNR1.SGM   30JNR1


                                                29742                Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations

                                                multiple vessels. These operations,                     environmental, public health and safety                waterfront facilities, commercial
                                                when conducted in close proximity to                    effects, distributive impacts, and equity.             vessels, and pleasure craft engaged in
                                                transiting vessels, create unpredictable                E.O. 13563 emphasizes the importance                   recreational activities and sightseeing, if
                                                hazards, hence necessitating a safety                   of quantifying both costs and benefits, of             these facilities or vessels are in the
                                                zone restricting all vessel traffic within              reducing costs, of harmonizing rules,                  vicinity of the safety zone at times when
                                                this impacted area until environmental                  and of promoting flexibility. Executive                this zone is being enforced. This rule
                                                response operations are complete. This                  Order 13771 (‘‘Reducing Regulation and                 will not have a significant economic
                                                safety zone establishes a temporary                     Controlling Regulatory Costs’’), directs               impact on a substantial number of small
                                                restricted area on the navigable waters                 agencies to reduce regulation and                      entities for the following reasons: (i)
                                                of the San Francisco Bay, east of Yerba                 control regulatory costs and provides                  This rule will encompass only a small
                                                Buena Island and north of Oakland                       that ‘‘for every one new regulation                    portion of the waterway for a limited
                                                Outer Harbor Entrance Channel within                    issued, at least two prior regulations be              period of time, (ii) vessel traffic can
                                                the following points: 37°48.549′ N.                     identified for elimination, and that the               transit safely around the safety zone,
                                                122°20.891′ W., 37°48.498′ N.                           cost of planned regulations be prudently               and (iii) the maritime public will be
                                                122°21.134′ W., 37°48.346′ N.                           managed and controlled through a                       advised in advance of this safety zone
                                                122°21.068′ W., and 37°48.461′ N.                       budgeting process.’’                                   via Broadcast Notice to Mariners.
                                                122°20.782′ W. (NAD 83). This                              The Office of Management and Budget                    Under section 213(a) of the Small
                                                restricted area applies to all vessels                  (OMB) has not designated this rule a                   Business Regulatory Enforcement
                                                transiting the specified area.                          significant regulatory action under                    Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                        section 3(f) of Executive Order 12866.                 we want to assist small entities in
                                                IV. Discussion of the Rule                              Accordingly, the Office of Management                  understanding this rule. If the rule
                                                   The Coast Guard or a designated                      and Budget (OMB) has not reviewed it.                  would affect your small business,
                                                representative will enforce a safety zone                  As this rule is not a significant
                                                                                                                                                               organization, or governmental
                                                in navigable waters of the San Francisco                regulatory action, this rule is exempt
                                                                                                                                                               jurisdiction and you have questions
                                                Bay, east of Yerba Buena Island and                     from the requirements of Executive
                                                                                                                                                               concerning its provisions or options for
                                                north of Oakland Outer Harbor Entrance                  Order 13771. See OMB’s Memorandum
                                                                                                                                                               compliance, please contact the person
                                                Channel within the following points:                    titled ‘‘Interim Guidance Implementing
                                                                                                                                                               listed in the FOR FURTHER INFORMATION
                                                37°48.549′ N. 122°20.891′ W.,                           Section 2 of the Executive Order of
                                                                                                                                                               CONTACT section.
                                                37°48.498′ N. 122°21.134′ W.,                           January 30, 2017 titled ‘Reducing
                                                                                                        Regulation and Controlling Regulatory                     Small businesses may send comments
                                                37°48.346′ N. 122°21.068′ W., and                                                                              on the actions of Federal employees
                                                37°48.461′ N. 122°20.782′ W. (NAD 83).                  Costs’ ’’ (February 2, 2017).
                                                                                                           We expect the economic impact of                    who enforce, or otherwise determine
                                                   This safety zone is effective from June
                                                                                                        this rule will not rise to the level of                compliance with, Federal regulations to
                                                1, 2017 through on July 31, 2017 or as
                                                                                                        necessitating a full Regulatory                        the Small Business and Agriculture
                                                announced via Broadcast Notice to
                                                                                                        Evaluation. The safety zone is limited in              Regulatory Enforcement Ombudsman
                                                Mariners.
                                                   The effect of the temporary safety                   duration, and is limited to a narrowly                 and the Regional Small Business
                                                zone will be to restrict navigation in the              tailored geographic area. In addition,                 Regulatory Fairness Boards. The
                                                vicinity of the sunken barge Vengeance                  although this rule restricts access to the             Ombudsman evaluates these actions
                                                until the environmental and salvage                     waters encompassed by the safety zone,                 annually and rates each agency’s
                                                response operations are complete.                       the effect of this rule will not be                    responsiveness to small business. If you
                                                Except for persons or vessels authorized                significant because it is outside of the               wish to comment on actions by
                                                by the Captain of the Port or a                         Oakland Outer Harbor Entrance Channel                  employees of the Coast Guard, call 1–
                                                designated representative, no vessel                    and will be notified via public                        888–REG–FAIR (1–888–734–3247). The
                                                may enter or remain in the restricted                   Broadcast Notice to Mariners to ensure                 Coast Guard will not retaliate against
                                                area. These regulations are needed to                   the safety zone will result in minimum                 small entities that question or complain
                                                keep vessels safely outside of the                      impact. The entities most likely to be                 about this rule or any policy or action
                                                response zone until environmental and                   affected are waterfront facilities,                    of the Coast Guard.
                                                salvage response operations are                         commercial vessels, and pleasure craft                 C. Collection of Information
                                                complete.                                               engaged in recreational activities.
                                                                                                                                                                 This rule will not call for a new
                                                V. Regulatory Analyses                                  B. Impact on Small Entities                            collection of information under the
                                                  We developed this rule after                             The Regulatory Flexibility Act of 1980              Paperwork Reduction Act of 1995 (44
                                                considering numerous statutes and                       (RFA), 5 U.S.C. 601–612, as amended,                   U.S.C. 3501–3520).
                                                Executive order related to rulemaking.                  requires Federal agencies to consider                  D. Federalism and Indian Tribal
                                                Below we summarize our analyses                         the potential impact of regulations on                 Governments
                                                based on a number of these statutes and                 small entities during rulemaking. The
                                                Executive orders, and we discuss First                  term ‘‘small entities’’ comprises small                   A rule has implications for federalism
                                                Amendment rights of protestors.                         businesses, not-for-profit organizations               under Executive Order 13132,
                                                                                                        that are independently owned and                       Federalism, if it has a substantial direct
                                                A. Regulatory Planning and Review                       operated and are not dominant in their                 effect on the States, on the relationship
                                                   E.O.s 12866 (‘‘Regulatory Planning                   fields, and governmental jurisdictions                 between the national government and
                                                and Review’’) and 13563 (‘‘Improving                    with populations of less than 50,000.                  the States, or on the distribution of
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                                                Regulation and Regulatory Review’’)                     The Coast Guard certifies under 5 U.S.C.               power and responsibilities among the
                                                direct agencies to assess the costs and                 605(b) that this rule will not have a                  various levels of government. We have
                                                benefits of available regulatory                        significant economic impact on a                       analyzed this rule under that Order and
                                                alternatives and, if regulation is                      substantial number of small entities.                  have determined that it is consistent
                                                necessary, to select regulatory                            This rule may affect the following                  with the fundamental federalism
                                                approaches that maximize net benefits                   entities, some of which may be small                   principles and preemption requirements
                                                including potential economic,                           entities: Owners and operators of                      described in Executive Order 13132.


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                                                                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations                                               29743

                                                   Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165                    must comply with all directions given to
                                                implications under Executive Order                        Harbors, Marine safety, Navigation                   them by the COTP or a designated
                                                13175, Consultation and Coordination                    (water), Reporting and recordkeeping                   representative. Persons and vessels may
                                                with Indian Tribal Governments,                         requirements, Security measures, and                   request permission to enter the safety
                                                because it does not have a substantial                  Waterways.                                             zone through the 24-hour Command
                                                direct effect on one or more Indian                       For the reasons discussed in the                     Center at telephone (415) 399–3547 or
                                                tribes, on the relationship between the                 preamble, the Coast Guard amends 33                    on VHF channel 16.
                                                Federal Government and Indian tribes,                   CFR part 165 as follows:                                 Dated: June 1, 2017.
                                                or on the distribution of power and                                                                            Anthony J. Ceraolo,
                                                responsibilities between the Federal                    PART 165—REGULATED NAVIGATION
                                                                                                                                                               Captain, U.S. Coast Guard, Captain of the
                                                Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                         Port San Francisco.
                                                believe this rule has implications for
                                                                                                        ■ 1. The authority citation for part 165               [FR Doc. 2017–13648 Filed 6–29–17; 8:45 am]
                                                federalism or Indian tribes, please
                                                contact the person listed in the FOR                    continues to read as follows:                          BILLING CODE 9110–04–P

                                                FURTHER INFORMATION CONTACT section                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                above.                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                        Department of Homeland Security Delegation             DEPARTMENT OF HOMELAND
                                                E. Unfunded Mandates Reform Act                         No. 0170.1.                                            SECURITY
                                                  The Unfunded Mandates Reform Act                      ■ 2. Add § 165.T11–857 to read as                      Coast Guard
                                                of 1995 (2 U.S.C. 1531–1538) requires                   follows:
                                                Federal agencies to assess the effects of                                                                      33 CFR Part 165
                                                                                                        § 165.T11–857 Safety Zone; Vengeance
                                                their discretionary regulatory actions. In              Sunken Barge, San Francisco, CA.
                                                particular, the Act addresses actions                                                                          [Docket Number USCG–2016–0825]
                                                                                                          (a) Location. This temporary safety
                                                that may result in the expenditure by a                                                                        RIN 1625–AA00
                                                                                                        zone is established in the navigable
                                                State, local, or tribal government, in the
                                                                                                        waters of San Francisco Bay, east of                   Safety Zone; United Illuminating
                                                aggregate, or by the private sector of
                                                                                                        Yerba Buena Island and north of                        Company, Housatonic River Crossing
                                                $100,000,000 (adjusted for inflation) or
                                                                                                        Oakland Outer Harbor Entrance Channel                  Project; Milford and Stratford, CT
                                                more in any one year. Though this rule
                                                                                                        within the following points: 37°48.549′
                                                will not result in such an expenditure,                                                                        AGENCY:    Coast Guard, DHS.
                                                                                                        N. 122°20.891′ W., 37°48.498′ N.
                                                we do discuss the effects of this rule
                                                                                                        122°21.134′ W., 37°48.346′ N.                          ACTION:   Temporary final rule.
                                                elsewhere in this preamble.
                                                                                                        122°21.068′ W., and 37°48.461′ N.
                                                F. Environment                                          122°20.782′ W. (NAD 83).                               SUMMARY:   The Coast Guard is amending
                                                                                                          (b) Enforcement period. The zone                     a temporary safety zone on the
                                                  We have analyzed this rule under                      described in paragraph (a) of this                     Housatonic River near Milford and
                                                Department of Homeland Security                         section will be enforced from June 1,                  Stratford, CT. Amending the safety zone
                                                Management Directive 023–01 and                         2017 through July 31, 2017 or as                       is necessary to protect personnel,
                                                Commandant Instruction M16475.lD,                       announced via Broadcast Notice to                      vessels, and the marine environment
                                                which guide the Coast Guard in                          Mariner. The Captain of the Port San                   from potential hazards created by the
                                                complying with the National                             Francisco (COTP) will notify the                       United Illuminating Company
                                                Environmental Policy Act of 1969                        maritime community of any changes to                   Housatonic River Crossing Project. This
                                                (NEPA) (42 U.S.C. 4321–4370f), and                      this enforcement period via Broadcast                  regulation prohibits entry of vessels or
                                                have determined that this action is one                 Notice to Mariners in accordance with                  people into the safety zone unless
                                                of a category of actions that do not                    33 CFR 165.7.                                          authorized by the Captain of the Port
                                                individually or cumulatively have a                       (c) Definitions. As used in this                     Sector Long Island Sound. The safety
                                                significant effect on the human                         section, ‘‘designated representative’’                 zone will only be enforced during cable
                                                environment. This rule involves a safety                means a Coast Guard Patrol                             pulling operations or other instances
                                                zone of limited size and duration. This                 Commander, including a Coast Guard                     which may create a hazard to
                                                rule is categorically excluded from                     coxswain, petty officer, or other officer              navigation.
                                                further review under paragraph 34(g) of                 on a Coast Guard vessel or a Federal,
                                                Figure 2–1 of the Commandant                                                                                   DATES:  This rule is effective without
                                                                                                        State, or local officer designated by or               actual notice from June 30, 2017
                                                Instruction. A Record of Environmental                  assisting the COTP in the enforcement
                                                Consideration for categorically excluded                                                                       through August 31, 2017. For the
                                                                                                        of the safety zone.                                    purposes of enforcement, actual notice
                                                actions is available in the docket where                  (d) Regulations. (1) Under the general
                                                indicated under ADDRESSES. We seek                                                                             will be used from June 12, 2017 through
                                                                                                        regulations in 33 CFR part 165, subpart                June 30, 2017.
                                                any comments or information that may                    C, entry into, transiting or anchoring
                                                lead to the discovery of a significant                  within this safety zone is prohibited                  ADDRESSES: To view documents
                                                environmental impact from this rule.                    unless authorized by the COTP or a                     mentioned in this preamble as being
                                                                                                        designated representative.                             available in the docket, go to http://
                                                G. Protest Activities                                                                                          www.regulations.gov, type USCG–2016–
                                                                                                          (2) The safety zone is closed to all
                                                  The Coast Guard respects the First                    vessel traffic, except as may be                       0825 in the ‘‘SEARCH’’ box and click
                                                Amendment rights of protesters.                         permitted by the COTP or a designated                  ‘‘SEARCH.’’ Click on Open Docket
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                                                Protesters are asked to contact the                     representative.                                        Folder on the line associated with this
                                                person listed in the FOR FURTHER                          (3) Vessel operators desiring to enter               rule.
                                                INFORMATION CONTACT section to                          or operate within the safety zone must                 FOR FURTHER INFORMATION CONTACT: If
                                                coordinate protest activities so that your              contact the COTP or a designated                       you have questions on this rule, contact
                                                message can be received without                         representative to obtain permission to                 Petty Officer Katherine Linnick,
                                                jeopardizing the safety or security of                  do so. Vessel operators given permission               Prevention Department, U.S. Coast
                                                people, places or vessels.                              to enter or operate in the safety zone                 Guard Sector Long Island Sound,


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Document Created: 2017-06-30 06:02:13
Document Modified: 2017-06-30 06:02:13
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
ActionTemporary final rule.
DatesThis rule is effective without actual notice from June 30, 2017 until July 31, 2017. For the purposes of enforcement, actual notice will be used from June 1, 2017 until June 30, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Marcia Medina, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-PF- [email protected]
FR Citation82 FR 29741 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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