[Federal Register: June 18, 2007 (Volume 72, Number 116)]
[Rules and Regulations]
[Page 33388-33391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn07-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07-025]
RIN 1625-AA00
Safety Zone; BART Transbay Tube Seismic Upgrade; San Francisco,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a moving temporary safety zone
in the navigable waters of San Francisco Bay, California, during
geotechnical borings for a seismic upgrade of the Bay Area Rapid
Transit (BART) Transbay tube. The borings will require placement of a
drilling vessel at test sites along the BART Transbay tube. The safety
zone will surround the vessel and move with the vessel as it conducts
the tests at eighteen sites along the BART Transbay tube. This safety
zone is necessary to protect persons and vessels from hazards, injury,
and damage associated with the geotechnical borings. Unauthorized
persons or vessels are prohibited from entering into, transiting
through, or remaining in the safety zone without permission of the
Captain of the Port or his designated representative.
DATES: This rule is effective from May 30, 2007 through June 25, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP San Francisco Bay 07-025 and are
available for inspection or copying at the Waterways Safety Branch of
Sector San Francisco, Yerba Buena Island, Bldg. 278, San Francisco,
California 94130, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Erin Bastick, U.S. Coast Guard
[[Page 33389]]
Sector San Francisco, at (415) 556-2950 or Sector San Francisco 24 hour
Command Center at (415) 399-3547.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 an NPRM. The dates for the geotechnical
borings along the Transbay tube were not finalized and presented to the
Coast Guard in time to draft and publish an NPRM. As such, the borings
would commence before the rulemaking process could be completed. Any
delay in implementing this rule is contrary to the public interest
since immediate action is necessary in order to protect the maritime
public from the hazards associated with the vibro penetration testing.
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 dates for the geotechnical
borings along the Transbay tube were not finalized and presented to the
Coast Guard in time to publish this rule 30 days prior to its effective
date. As such, the borings would commence before the rulemaking process
could be completed. Delay in the effective date of this rule would
expose the mariners and waterways users to undue hazards associated
with the geotechnical borings.
Background and Purpose
Bay Area Rapid Transit has contracted Gregg Drilling & Testing, to
conduct BART marine demonstration tests in support of their earthquake
safety efforts. They will be conducting geotechnical borings for future
seismic upgrades of the BART Transbay tube. The scope of the work will
involve eighteen separate anchor spread locations, required to carry
out the thirty-four geotechnical borings, located along the BART tube
in the San Francisco Bay. The scope of work for the entire BART seismic
upgrade project involves four primary activities carried out on the
water. These activities include vibro penetration tests, vibro ground
improvement, drilling, sampling and sonic borings.
The Gregg Drilling & Testing work will involve the drilling portion
of the BART seismic upgrade project. Gregg Drilling & Testing will be
deploying the vessel QUIN DELTA which is 120 feet long and 30 feet
wide, with a drilling apparatus attached to its hull. The vessel QUIN
DELTA will be located over the tube alignment to perform drilling. The
drilling will penetrate the sea floor at a depth of five feet. The
contents recovered will be collected onto the vessel and further
analyzed offsite.
Discussion of Rule
This safety zone will encompass the navigable waters from the
surface to the sea floor, located in the San Francisco Bay,
encompassing a circular safety zone with a 300-yard radius extending
from the drilling platform, vessel QUIN DELTA. The vessel QUIN DELTA
will transit and conduct testing along the BART Transbay tube between
two points: 37[deg]47'44.55'' N Latitude by 122[deg]23'28.34'' W
Longitude at the western extreme and 37[deg]48'31.29'' N Latitude by
122[deg]20'17.12'' W Longitude on the eastern extreme. This area
between the two points will be used to maneuver and anchor the vessel
QUIN DELTA as it conducts the geotechnical borings from May 30, 2007
through June 25, 2007. The BART Project manager coordinated the boring
locations with the local Bar Pilots and the Vessel Traffic Service to
ensure the testing would result in minimum impact to vessel traffic.
This moving safety zone around the drilling Barge QUIN DELTA is
necessary to protect persons and vessels from hazards, injury, and
damage associated with the geotechnical borings.
U.S. Coast Guard personnel will enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal
Regulations, prohibits any unauthorized person or vessel from entering
or remaining in a safety zone. Vessels or persons violating this
section may be subject to both criminal and civil penalties.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
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 have been contacted to ensure the
closure will result in minimum impact. The entities most likely to be
affected are pleasure craft engaged in recreational activities. Not
only is the safety zone small in size, but there will be ample space to
navigate around the safety zone as well.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the San Francisco Bay from May 30,
2007 through June 25, 2007. Although this regulation prevents traffic
from transiting a portion of San Francisco Bay during the testing, the
effect of this regulation will not be significant because small vessels
will be able to transit around the regulated area. The entities most
likely to be affected are pleasure craft engaged in recreational
activities and sightseeing.
Small entities and the maritime public will also be advised of this
safety zone via public broadcast notice to mariners. In addition,
vessels will be able to pass through the zone on a case-by-case basis.
Therefore, the economic impact of this waterway closure is not expected
to be significant.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we have considered whether this
rule would have a significant economic impact on a substantial number
of small entities. We expect this rule may affect owners and operators
of vessels, some of which may be small entities, intending to fish,
sightsee, transit, or anchor in the waters affected by this safety
zone. This safety zone will not have a significant economic impact on a
substantial number of small entities for several reasons: small vessel
traffic will be able to pass safely around the area and vessels engaged
in recreational activities, sightseeing and commercial fishing have
ample space outside of the safety zone to engage in these activities.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 33390]]
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. Paragraph (34)(g) is applicable because this rule
establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T11-197, to read as follows:
Sec. 165.T11-197 Safety Zone; San Francisco Bay, California.
(a) Location. This safety zone will encompass the navigable waters
from the surface to the sea floor, in the San Francisco Bay, and its
limits will encompass a circular safety zone with a radius of 300-yards
extending from and around the drilling vessel QUIN DELTA. This safety
zone will move and continue to extend 300-yards from the vessel QUIN
DELTA while it operates along the charted BART Transbay tube between
the following two points: 37[deg]47'44.55'' N Latitude by
122[deg]23'28.34'' W Longitude at the western extreme and
37[deg]48'31.29'' N Latitude by 122[deg]20'17.12'' W Longitude on the
eastern extreme.
(b) Effective dates. This rule is effective from May 30, 2007
through June 25, 2007. If the need for the safety zone ends prior to
the scheduled termination time, the Captain of the Port (COTP) will
cease enforcement of the safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone by all vessels and persons is prohibited,
unless specifically authorized by the COTP San Francisco, or his
designated representative.
(d) Enforcement. All persons and vessels shall comply with the
[[Page 33391]]
instructions of the Coast Guard COTP or his designated representative.
The COTP's designated representative can be comprised of commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed. The U.S. Coast Guard may be assisted in the
patrol and enforcement of these two safety zones by local law
enforcement as necessary.
Dated: May 29, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco,
California.
[FR Doc. E7-11637 Filed 6-15-07; 8:45 am]
BILLING CODE 4910-15-P