83 FR 16778 - Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough Landing, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range		16778-16780
FR Document		2018-08012

The Coast Guard is establishing a temporary safety zone for navigable waters of the San Joaquin River due to an unstable, partially submerged barge with hull number PFE-LB444. The temporary safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the barge and associated recovery efforts. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port San Francisco.

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)

[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16778-16780]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08012]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0205]
RIN 1625-AA00


Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough 
Landing, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the San Joaquin River due to an unstable, partially 
submerged barge with hull number PFE-LB444. The temporary safety zone 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by the barge and associated recovery 
efforts. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port San 
Francisco.

DATES: This rule is effective without actual notice from April 17, 2018 
until April 30, 2018. For the purposes of enforcement, actual notice 
will be used from March 30, 2018 until April 17, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0205 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 Junior Grade Emily K. Rowan, U.S. Coast Guard 
Sector San Francisco; telephone 415-399-7443, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because of the emergent nature of the 
situation. Delaying the effective date of this rule would be 
impracticable because immediate action is needed protect personnel, 
vessels, and the marine environment from potential hazards associated 
with the barge and associated recovery efforts.
    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. A barge with hull number PFE-LB444 
broke free from its mooring near Blackslough Landing and sank in the 
navigable channel. This vessel has since been temporarily secured to 
shore. The barge remains in an unstable condition and continues to 
shift in orientation and aspect. A safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
associated with the barge and associated recovery efforts.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 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 Captain of the 
Port San Francisco (COTP) has determined that potential hazards 
associated with the barge and associated recovery efforts starting 
March 30, 2018, will be a safety concern for anyone within a 90-yard 
radius of the barge. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone.

[[Page 16779]]

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from March 30, 2018 
through April 30, 2018. The safety zone will cover all navigable waters 
within 90 yards of the unstable barge and associated recovery efforts 
centered in approximate position 37[deg]59'41.88'' N, 121[deg]25'8.88'' 
W (NAD 83). The effect of the temporary safety zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters from potential hazards associated with the barge and 
associated recovery efforts. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users 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, and (ii) the maritime public will be advised in advance of these 
safety zones 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.
    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, which guides 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 safety zones of 
limited size and duration. It is categorically excluded from further 
review under Categorical Exclusion L60(d) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination will be prepared and 
submitted after issuance or publication in accordance with DHS 
Instruction Manual 023-01-001-01, Rev. 01.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 16780]]

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. Add Sec.  165.T11-921 to read as follows:


Sec.  165.T11-921   Safety Zone; Barge PFE-LB444, San Joaquin River, 
Blackslough Landing, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters within 90 yards of the unstable, partially submerged barge and 
associated recovery efforts centered in approximate position 
37[deg]59'41.88'' N, 121[deg]25'8.88'' W (NAD 83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from March 30, 2018 through April 30, 2018. 
The Captain of the Port San Francisco (COTP) will notify the maritime 
community of periods during which these zones will be enforced 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 the COTP's 
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 zones on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: March 29, 2018
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-08012 Filed 4-16-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations 16779

IV. Discussion of the Rule businesses, not-for-profit organizations effect on the States, on the relationship
This rule establishes a temporary that are independently owned and between the national government and
safety zone from March 30, 2018 operated and are not dominant in their the States, or on the distribution of
through April 30, 2018. The safety zone fields, and governmental jurisdictions power and responsibilities among the
will cover all navigable waters within with populations of less than 50,000. various levels of government. We have
90 yards of the unstable barge and The Coast Guard certifies under 5 U.S.C. analyzed this rule under that Order and
associated recovery efforts centered in 605(b) that this rule will not have a have determined that it is consistent
approximate position 37°59′41.88″ N, significant economic impact on a with the fundamental federalism
121°25′8.88″ W (NAD 83). The effect of substantial number of small entities. principles and preemption requirements
the temporary safety zone is intended to This rule may affect the following described in Executive Order 13132.
protect personnel, vessels, and the entities, some of which may be small Also, this rule does not have tribal
marine environment in these navigable entities: Owners and operators of implications under Executive Order
waters from potential hazards associated waterfront facilities, commercial 13175, Consultation and Coordination
with the barge and associated recovery vessels, and pleasure craft engaged in with Indian Tribal Governments,
efforts. No vessel or person will be recreational activities and sightseeing, if because it does not have a substantial
permitted to enter the safety zone these facilities or vessels are in the direct effect on one or more Indian
without obtaining permission from the vicinity of the safety zone at times when tribes, on the relationship between the
COTP or a designated representative. this zone is being enforced. This rule Federal Government and Indian tribes,
will not have a significant economic or on the distribution of power and
V. Regulatory Analyses impact on a substantial number of small responsibilities between the Federal
We developed this rule after entities for the following reasons: (i) Government and Indian tribes. If you
considering numerous statutes and This rule will encompass only a small believe this rule has implications for
Executive orders related to rulemaking. portion of the waterway for a limited federalism or Indian tribes, please
Below we summarize our analyses period of time, and (ii) the maritime contact the person listed in the FOR
based on a number of these statutes and public will be advised in advance of FURTHER INFORMATION CONTACT section
Executive orders, and we discuss First these safety zones via Broadcast Notice above.
Amendment rights of protestors. to Mariners.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
A. Regulatory Planning and Review Business Regulatory Enforcement The Unfunded Mandates Reform Act
Executive Orders 12866 and 13563 Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
direct agencies to assess the costs and we want to assist small entities in Federal agencies to assess the effects of
benefits of available regulatory understanding this rule. If the rule their discretionary regulatory actions. In
alternatives and, if regulation is would affect your small business, particular, the Act addresses actions
necessary, to select regulatory organization, or governmental that may result in the expenditure by a
approaches that maximize net benefits. jurisdiction and you have questions State, local, or tribal government, in the
Executive Order 13771 directs agencies concerning its provisions or options for aggregate, or by the private sector of
to control regulatory costs through a compliance, please contact the person $100,000,000 (adjusted for inflation) or
budgeting process. This rule has not listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
been designated a ‘‘significant CONTACT section. will not result in such an expenditure,
regulatory action,’’ under Executive Small businesses may send comments we do discuss the effects of this rule
Order 12866. Accordingly, this rule has on the actions of Federal employees elsewhere in this preamble.
not been reviewed by the Office of who enforce, or otherwise determine
F. Environment
Management and Budget (OMB), and compliance with, Federal regulations to
pursuant to OMB guidance it is exempt the Small Business and Agriculture We have analyzed this rule under
from the requirements of Executive Regulatory Enforcement Ombudsman Department of Homeland Security
Order 13771. and the Regional Small Business Management Directive 023–01, which
This regulatory action determination Regulatory Fairness Boards. The guides the Coast Guard in complying
is based on the limited duration and Ombudsman evaluates these actions with the National Environmental Policy
narrowly tailored geographic area of the annually and rates each agency’s Act of 1969 (42 U.S.C. 4321–4370f), and
safety zone. Although this rule restricts responsiveness to small business. If you have determined that this action is one
access to the waters encompassed by the wish to comment on actions by of a category of actions that do not
safety zone, the effect of this rule will employees of the Coast Guard, call 1– individually or cumulatively have a
not be significant because the local 888–REG–FAIR (1–888–734–3247). The significant effect on the human
waterway users will be notified via Coast Guard will not retaliate against environment. This rule involves safety
public Broadcast Notice to Mariners to small entities that question or complain zones of limited size and duration. It is
ensure the safety zone will result in about this rule or any policy or action categorically excluded from further
minimum impact. The entities most of the Coast Guard. review under Categorical Exclusion
likely to be affected are waterfront L60(d) of Appendix A, Table 1 of DHS
facilities, commercial vessels, and C. Collection of Information Instruction Manual 023–01–001–01,
pleasure craft engaged in recreational This rule will not call for a new Rev. 01. A Record of Environmental
activities. collection of information under the Consideration supporting this
Paperwork Reduction Act of 1995 (44 determination will be prepared and
B. Impact on Small Entities
daltland on DSKBBV9HB2PROD with RULES

U.S.C. 3501–3520). submitted after issuance or publication
The Regulatory Flexibility Act of 1980 in accordance with DHS Instruction
(RFA), 5 U.S.C. 601–612, as amended, D. Federalism and Indian Tribal
Manual 023–01–001–01, Rev. 01.
requires federal agencies to consider the Governments
potential impact of regulations on small A rule has implications for federalism G. Protest Activities
entities during rulemaking. The term under Executive Order 13132, The Coast Guard respects the First
‘‘small entities’’ comprises small Federalism, if it has a substantial direct Amendment rights of protesters.

VerDate Sep<11>2014 16:15 Apr 16, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1

Document Created: 2018-04-17 02:52:51
Document Modified: 2018-04-17 02:52:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from April 17, 2018 until April 30, 2018. For the purposes of enforcement, actual notice will be used from March 30, 2018 until April 17, 2018.
Contact		If you have questions on this rule, call or email Lieutenant Junior Grade Emily K. Rowan, U.S. Coast Guard Sector San Francisco; telephone 415-399-7443, email [email protected]
FR Citation		83 FR 16778
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 16778 - Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough Landing, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard