[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Proposed Rules]
[Page 57427-57430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no09-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0324]
RIN 1625-AA00
Safety Zone; Coast Guard Use of Force Training Exercises, San
Pablo Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
in San
[[Page 57428]]
Pablo Bay for Coast Guard Use of Force Training exercises. This safety
zone would be established to ensure the safety of the public and
participating crews from potential hazards associated with fast-moving
Coast Guard smallboats or helicopters taking part in the exercise.
Unauthorized persons or vessels would be 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: Comments and related material must be received by the Coast
Guard on or before January 5, 2010. Requests for public meetings must
be received by the Coast Guard on or before November 27, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0324 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Simone Mausz, U.S. Coast Guard Sector
San Francisco; telephone 415-399-7443, e-mail simone.mausz@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0324), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Proposed Rule'' and insert ``USCG-2009-0324'' in the ``Keyword'' box.
Click ``Search,'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0324'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before November 27, 2009 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Background and Purpose
U.S. Coast Guard Maritime Safety and Security Team (MSST) San
Francisco, U.S. Coast Guard Air Station San Francisco, and various
Coast Guard smallboat stations will be conducting use of force training
runs in the waters of San Pablo Bay. The exercises are designed to
train and test Coast Guard personnel in the decision-making processes
necessary to safely and effectively employ use of force from a
smallboat or helicopter during Homeland Security incidents. The
training will generally involve the use of several Coast Guard
smallboats and/or a helicopter to intercept fast-moving, evasive target
vessels on the water. The smallboat and helicopter crews will fire
weapons at the target vessels using blank ammunition and catch bags to
ensure that cartridges and other debris do not fall to the water. This
safety zone is issued to establish a restricted area in San Pablo Bay
around the training site.
Discussion of Proposed Rule
The Coast Guard is establishing a permanent safety zone in the
navigable waters of San Pablo Bay. During training exercises, the
safety zone applies to the navigable waters from the surface to the
seafloor, defined by enclosing an area within lines connected by the
following points: 38[deg]05'11'' N, 122[deg]22'10'' W; 38[deg]03'44''
N, 122[deg]20'12'' W; 38[deg]00'41'' N, 122[deg]25'28'' W; and
38[deg]01'45'' N, 122[deg]26' 38'' W (NAD 83).
The effect of the permanent safety zone will be to restrict
navigation in the vicinity of the exercise. Except for
[[Page 57429]]
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the restricted area. These
regulations are intended to keep the public a safe distance away from
the participating smallboats and/or helicopters and to ensure the
safety of transiting vessels.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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.
The proposed rule is not expected to have a significant effect on
the economy. This safety zone would be activated and enforced for a
small area where vessel traffic is low and any unrelated traffic is
unlikely. Vessel traffic can pass safely around the safety zone. Before
the activation of the zone, the Coast Guard would issue maritime
advisories widely available to users of the affected waterways. Because
of the potential dangers posed by these exercises, the safety zone is
necessary to provide for the safety of other vessels transiting the
area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. The factual basis for this certification is
as follows:
(1) This proposed rule would affect owners and operators of
pleasure craft engaged in recreational activities and sightseeing
intending to transit San Pablo Bay;
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons.
This safety zone would be activated and enforced for a small area where
vessel traffic is low and any unrelated traffic is unlikely. Vessel
traffic can pass safely around the safety zone. Before the activation
of the zone, the Coast Guard would issue maritime advisories widely
available to users of the affected waterways.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluation its effects on them and participate in the rulemaking. 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 Lieutenant Simone
Mausz, U.S. Coast Guard Sector San Francisco; telephone 415-399-7443,
e-mail simone.mausz@uscg.mil. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed 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
[[Page 57430]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This rule is
categorically excluded from certain documentation requirements under
figure 2-1, paragraph (34)(g), of the Instruction because the rule
involves establishment of a safety zone. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T11-244 to read as follows:
Sec. 165.T11-244 Safety Zone; Coast Guard Use of Force Training
Exercises, San Pablo Bay, CA.
(a) Location. The following area is a safety zone: All waters of
San Pablo Bay from the surface to the seafloor, encompassed by lines
connecting the following points: Beginning at 38[deg]05'11'' N,
122[deg]22'10'' W; thence to 38[deg]03'44'' N, 122[deg]20'12'' W;
thence to 38[deg]00'41'' N, 122[deg]25'28'' W; thence to 38[deg]01'45''
N, 122[deg]26'38'' W; thence returning to 38[deg]05'11'' N,
122[deg]22'10'' W (NAD 83).
(b) Effective period. The Coast Guard will notify the public via a
Broadcast to Mariners prior to the activation of this safety zone. The
Coast Guard may activate the safety zone anytime from 9 a.m. through
11:59 p.m. every Tuesday, Thursday, and Friday, every week of every
month. If the exercises conclude prior to the scheduled termination
time, the Coast Guard will cease enforcement of this safety zone and
will announce that fact via Broadcast Notice to Mariners. Persons and
vessels may also contact the Coast Guard to determine the status of the
safety zone on VHF-16 or the 24-hour Command Center via telephone at
(415) 399-3547.
(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 operating a Coast Guard vessel and a
Federal, State, or local officer designated by or assisting the Captain
of the Port San Francisco (COTP) in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in Sec. 165.23,
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 the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's 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 the COTP's designated representative. Persons and
vessels may request permission to enter the safety zone on VHF-16 or
the 24-hour Command Center via telephone at (415) 399-3547.
Dated: October 16, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E9-26792 Filed 11-5-09; 8:45 am]
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