Safety Zone; Munitions Transfer; Alameda, CA

CourtCoast Guard,Homeland Security Department
Citation86 FR 60766
Record Number2021-23895
Published date04 November 2021
60766
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
(2) All persons are prohibited from
entering the water or swimming in the
spectator area described in paragraph
(a)(2) of this section.
(3) All vessels are prohibited from
transiting at speeds that cause wake
within the spectator area described in
paragraph (a)(2) of this section.
(4) To seek permission to enter,
contact the Captain of the Port Key West
or a designated representative by
telephone at (305) 433–0954, or via VHF
radio on channel 16. If authorization is
granted by the Captain of the Port Key
West or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Key West or a designated representative.
(5) The Coast Guard will provide
notice of the regulated area by Broadcast
Notice to Mariners and on-scene
designated representatives.
(d) Enforcement period. This section
will be enforced from 9:30 a.m. until
4:30 p.m. on November 10, 12, and 14,
2021.
Dated: October 28, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2021–23865 Filed 11–3–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0801]
RIN 1625–AA00
Safety Zone; Munitions Transfer;
Alameda, CA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the Oakland
Estuary in the Brooklyn Basin South
Channel near Coast Guard Island in
Alameda, CA in support of a munitions
transfer on November 14, 2021, and
November 21, 2021. This safety zone is
necessary to protect personnel, vessels,
and the marine environment from the
dangers associated with live munitions.
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 a designated representative.
DATES
: This rule is effective from 8 a.m.
on November 14, 2021, until 2 p.m. on
November 21, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0801 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Lieutenant Junior Grade William
Harris, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7443,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 it is
impractical and contrary to the public
interest. The Coast Guard did not
receive final details for this event until
October 18, 2021. There was insufficient
time to undergo the full rulemaking
process, including providing a
reasonable comment period and
considering those comments because
the Coast Guard must establish this
temporary safety zone by November 14,
2021.
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 public
interest because immediate action is
necessary to protect personnel, vessel,
and the marine environment from the
potential safety hazards associated with
the munitions transfer near Alameda,
CA beginning November 14, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco
(COTP) has determined that potential
hazards associated with the munitions
transfer on November 14, 2021 and
November 21, 2021 will be a safety
concern for anyone within a 250-foot
radius of the pier. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone around
the munitions transfer site during the
munitions transfer.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 a.m. until 2 p.m. on
November 14, 2021 and from 8 a.m.
until 2 p.m. on November 21, 2021. The
temporary safety zone will cover all
navigable waters, from surface to
bottom, within 250 feet of the munitions
transfer pier located on the southwest
side of Coast Guard Island in the
Brooklyn Basin South Channel of the
Oakland Estuary. The temporary safety
zone will be terminated at 2 p.m. on
both November 14, 2021 and November
21, 2021 or once announced via
broadcast notice to mariners.
This regulation is necessary to keep
persons and vessels away from the
immediate vicinity of the munitions
transfer location to ensure the safety of
people, vessels, and the marine
environment. Except for persons or
vessels authorized by the COTP or the
COTP’s designated representative, no
person or vessel may enter or remain in
the restricted area. A ‘‘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 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
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
Executive Order 12866. 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. This safety zone impacts a
250-foot wide portion of the Brooklyn
Basin South Channel of the Oakland
Estuary along the southwest side of
Coast Guard Island in Alameda, CA for
six hours. 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
vessel intending to transit the temporary
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,
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 only six hours that will
prohibit entry within 250 feet of vessels
and machinery being used by personnel
to conduct munitions transfer. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES
section of this preamble.
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
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–6, and 160.5; Department of
Homeland Security Delegation No. 0170.1,
Revision No. 01.2.
2. Add § 165.T11–082 to read as
follows:
§ 165.T11–082 Safety Zone; Munitions
Transfer, Oakland Estuary, Alameda, CA.
(a) Location. This temporary safety
zone is established in the navigable
waters of the Brooklyn Basin South
Channel of the Oakland Estuary near the
pier alongside the southwest side of
Coast Guard Island in Alameda, CA as
depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18662. From 8 a.m. until 2 p.m.
daily on November 14, 2021, and
November 21, 2021, the temporary
safety zone will apply to all navigable
waters of the Oakland Estuary in the
Brooklyn Basin South Channel, from
surface to bottom, within 250 feet of the
pier along the southwest side of Coast
Guard Island, during which time the
pier will be used as the munitions
transfer location.
(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
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
on a Coast Guard vessel, or 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.
(c) Regulations. (1) Under the general
safety zone regulations in Subpart C,
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 in
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 on VHF–21A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from 8 a.m. until 2 p.m.
on November 14, 2021, and from 8 a.m.
until 2 p.m. on November 21, 2021, or
until 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: October 27, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2021–23895 Filed 11–3–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0767]
RIN 1625–AA00
Safety Zone; 2021 Barge Based
Fireworks, Hudson River, Manhattan,
NY
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone for
certain navigable waters within a 600
foot radius of the fireworks launch site
which is located on the Hudson River,
Manhattan, NY, in the vicinity of the
Hudson River Park and Pier 76. This
safety zone is needed to protect
personnel, vessels, and the marine
environment from the potential hazards
during a fireworks display on November
18, 2021. Entry of vessels or persons
into, transiting through, mooring, or
anchoring within this zone are
prohibited unless authorized by the
Captain of the Port New York.
DATES
: This rule is effective from 9:30
p.m. through 11:30 p.m. on November
18, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0767 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email MST1 S. Stevenson, Waterways
Management Division, U.S. Coast
Guard; telephone 719–354–4000, email
D01-SMB-SecNY-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect the public and vessels from the
hazards associated with a barge based
fireworks display. The expeditious
implementation of this rule is in the
public interest because it will help
ensure the safety of those involved in
displaying the fireworks, the spectators,
and users of the waterway during the
fireworks event.
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 impracticable and
contrary to the public interest because
the safety zone must be established for
the fireworks display on November 18,
2021, to mitigate the potential safety
hazards associated with a fireworks
display in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the New York (COTP) has
determined that potential hazards
associated with this fireworks display,
on November 18, 2021, will pose a
significant risk to public safety and
property. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the fallout zone immediately
before, during, and after the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on all navigable waters
within a 600 foot radius of a barge
located at approximate position
40°4539.4N, 74°0035.8W on the
Hudson River, Manhattan, NY, in the
vicinity of the Hudson River Park and
Pier 76. No vessel or person will be
permitted to enter the safety zone
between 9:30 p.m. through 11:30 p.m.
on November 18, 2021. The duration of
the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
during the fireworks display. 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.
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