Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA
| Published date | 16 February 2024 |
| Record Number | 2024-03369 |
| Citation | 89 FR 12241 |
| Court | Coast Guard |
| Section | Rules and Regulations |
Federal Register, Volume 89 Issue 33 (Friday, February 16, 2024)
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12241-12243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03369]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0040]
RIN 1625-AA00
Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the Pacific Ocean near Bodega Bay, CA in support of
pollution response operations for the vessel ALEUTIAN STORM from
February 13, 2024, to February 19, 2024. Based on this information,
this safety zone is necessary to protect vessels and the marine
environment from potential hazards associated with pollution response
operations. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission from the Captain of the Port San Francisco or a
designated representative.
DATES: This rule is effective without actual notice from February 16,
2024, through 11:59 p.m. February 19, 2024. For the purposes of
enforcement, actual notice will be used from February 13, 2024, through
February 16, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0040 in the search box and click ``Search.'' Next, in the Document
Type
[[Page 12242]]
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT William Harris, U.S. Coast Guard Sector San Francisco,
Waterways Management Division; at 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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is
impracticable. The Coast Guard identified active pollution stemming
from the aground vessel ALEUTIAN STORM on February 12, 2024, and
immediate action is necessary to respond to the pollution threat. It is
impracticable to go through the full rulemaking process, including a
reasonable comment period and consideration, because the Coast Guard
must establish this emergency temporary safety zone by February 13,
2024.
Also, 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. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to protect persons, vessels, and the marine
environment involved in pollution response operations at the vessel
ALEUTIAN STORM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Francisco (COTP) has
determined that potential hazards associated with pollution response
operations starting February 13, 2023, will be a safety concern for
anyone within a 1,100-yard radius seaward of the vessel ALEUTIAN STORM
at coordinates 38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83). This rule
is needed to protect persons, vessels, and the marine environment in
the navigable waters within the safety zone during pollution response
operations.
IV. Discussion of the Rule
This rule establishes a temporary safety 1,100-yard safety zone in
the navigable waters of the Pacific Ocean seaward of coordinates
38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83) from 11:30 a.m. on
February 13, 2024, to 11:59 p.m. on February 19, 2024, or as announced
by Broadcast Notice to Mariners. The effect of the temporary safety
zone will be to restrict vessel navigation in this area until the
Captain of the Port San Francisco (COTP) determines that the hazards
associated with the pollution response operations for the vessel
ALEUTIAN STORM are no longer present. 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. A ``designated
representative'' means a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, or a Federal, State, or local
officer designated by or assisting the COTP in the enforcement of the
safety zone.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
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 navigable waters encompassed
by the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified to ensure the safety
zone will result in minimum impact. The vessels desiring to transit
through or around the temporary safety zone may do so upon express
permission from the COTP or the COTP's designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email 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,
[[Page 12243]]
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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting less than a week during hours that will prohibit
entry within 1,100 yards of pollution response operations at the vessel
ALEUTIAN STORM. It is categorically excluded from further review under
paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T11-158 to read as follows:
Sec. 165.T11-158 Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA
(a) Location. The following area is a safety zone: all navigable
waters, from surface to bottom, within a 1,100-yard radius seaward of
the following coordinates 38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83).
(b) 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, or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francsico (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulation in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section 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 designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate within the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone through the 24-hour Command Center at telephone (415) 399-
3432.
(d) Enforcement period. This section will be enforced from 11:30
a.m. on February 13, 2024, to 11:59 p.m. on February 19, 2024, or as
announced via Broadcast Notice to Mariners.
(e) Information Broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced in accordance with 33 CFR 165.7.
Dated: February 13, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2024-03369 Filed 2-14-24; 4:15 pm]
BILLING CODE 9110-04-P
