Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77201 

November 20, 2023, or as announced via 

marine local broadcasts. This safety 

zone is necessary to protect personnel, 

vessels, and the marine environment 

from potential explosion within the 

explosive arc. The regulation for this 

safety zone, § 165.1198, specifies the 

location of the safety zone which 

encompasses the navigable waters in the 

area between 500 yards of MOTCO Pier 

in position 38°03′30′′ N, 122°01′14′′ W 

and 3,000 yards of the pier. During the 

enforcement periods, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you must 

comply with the instructions of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at 415– 

556–2760 or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 

Dated: November 4, 2023. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2023–24845 Filed 11–8–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0861] 

RIN 1625–AA87 

Security Zones; San Francisco Bay, 

San Francisco, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary security zones in 

the navigable waters of the San 

Francisco Bay, and the Pacific Ocean 

within the San Francisco Captain of the 

Port (COTP) zone. The security zones 

are along San Francisco Pier 15/17, 

approximately 1,000 yards from shore, 

and the Legion of Honor, approximately 

450 yards from shore. The security 

zones are necessary to protect the 

harbors, ports, and waterfront facilities 

during a visit from high-ranking 

government officials and members of 

the official party. Entry of vessels or 

persons into these zones is prohibited 

unless specifically authorized by the 

Captain of the Port San Francisco or a 

designated representative. 

DATES: This rule is effective from 

November 15, 2023, through November 

18, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0861 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 about this rule, call 

or email LT William Harris, U.S. Coast 

Guard Sector San Francisco, Waterways 

Management Division; telephone 415– 

399–7443, email SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 

impracticable and contrary to the public 

interest. The Coast Guard was not 

notified with ample time to allow for 

public comment. The visit by highranking government officials and 

members of their official party will 

conclude prior to the publication and 

completion of a comment period. 

Additionally, it is impracticable to 

publish a NPRM because the visit is 

scheduled to occur from November 15 

through November 16, 2023, and we 

must establish these security zones by 

those dates. We lack sufficient time to 

solicit comments and review prior to 

issuing a final action. 

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 

would be impracticable because action 

is needed starting November 15, 2023, 

to provide for the protection of highranking government officials, members 

of their official party, and the security 

of harbors, ports, and waterfront 

facilities, and the mitigation of 

subversive acts. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70051 and 

70124. The Captain of the Port San 

Francisco (COTP) has determined that 

high-ranking government officials and 

members of their official party plan to 

visit the San Francisco area and will be 

in the areas of San Francisco Pier 15/17, 

and the Legion of Honor. These are 

located adjacent to U.S. navigable 

waters in the San Francisco COTP Zone. 

This rule is needed to ensure the safety 

of the high-ranking government officials 

and members of their official party. 

IV. Discussion of the Rule 

This rule establishes two security 

zones on November 15 and November 

16, 2023. These security zones will 

cover all navigable waters of the San 

Francisco Bay and Pacific Ocean, from 

surface to bottom, and be for the areas 

and times described below or as 

otherwise noted by Marine Information 

Broadcast, and will be referred to as 

Zones A, and B. 

Zone A is a security zone along San 

Francisco Pier 15/17, approximately 

1,000 yards from shore. Zone A will be 

within the area formed by connecting 

the following latitude and longitude 

points in the following order: 

37°48′29.13′′ N, 122°24′10.27′′ W; thence 

to 37°48′34.68′′ N, 122°24′3.44′′ W; 

thence to 37°48′39.4′′ N, 122°23′47.2′′ W; 

thence to 37°48′28.4′′ N, 122°23′19.04′′ 

W; thence to 37°48′9.85′′ N, 

122°23′10.34′′ W; thence to 37°47′47.89′′ 

N, 122°23′41.35′′ W; thence along the 

shore and piers to the point of 

beginning. This zone will be in effect 

from 6 a.m. through 11:59 p.m. on 

November 15, 2023. 

Zone B is a security zone along the 

Legion of Honor in the San Francisco 

Bay, approximately 450 yards from 

shore. Zone B will be within the area 

formed by connecting the following 

latitude and longitude points in the 

following order: 37°47′17.72′′ N, 

122°30′21.74′′ W; thence to 37°47′30.86′′ 

N, 122°30′13.6′′ W; thence to 

37°47′30.87′′ N, 122°29′54.91′′ W; thence 

to 37°47′14.68′′ N, 122°29′45.43′′ W; 

thence along the shore to the point of 

beginning. This zone will be in effect 


ddrumheller on DSK120RN23PROD with RULES1
77202 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

from 8 a.m. until 9 p.m. on November 

16, 2023. 

The duration of these zones is 

intended to protect the harbors, ports, 

and waterfront facilities during the 

high-ranking government officials’ visit 

to the local area and to ensure the safety 

of the official party. No vessel or person 

will be permitted to enter the security 

zones except for authorized support 

vessels, aircraft, and support personnel, 

or other vessels authorized by 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. 

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 sizes, locations, and 

durations of the security zones. The 

effect of this rule will not be significant 

because local waterways users will be 

notified by marine information 

broadcast and on-scene enforcement to 

ensure the security zones will result in 

minimum impact. Additionally, vessels 

can request permission to transit the 

security zones in order to mitigate any 

potential impacts. 

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 security 

zones 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 

security zones in effect during a period 

of two days in various locations, that 

will be enforced for less than 30 hours 

during those two days. 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: 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77203 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T11–145 to read as 

follows: 

§ 165.T11–145 Security Zones: San 

Francisco Bay and Pacific Ocean, San 

Francisco, CA. 

(a) Location. The following areas are 

security zones. These security zones 

will cover all navigable waters of the 

San Francisco Bay and Pacific Ocean, 

from surface to bottom, within the areas 

described below. All coordinates are 

based on North American datum (NAD 

83). (1) Zone A will be within the area 

formed by connecting the following 

latitude and longitude points in the 

following order: 37°48′29.13′′ N, 

122°24′10.27′′ W; thence to 37°48′34.68′′ 

N, 122°24′3.44′′ W; thence to 37°48′39.4′′ 

N, 122°23′47.2′′ W; thence to 37°48′28.4′′ 

N, 122°23′19.04′′ W; thence to 

37°48′9.85′′ N, 122°23′10.34′′ W; thence 

to 37°47′47.89′′ N, 122°23′41.35′′ W; 

thence along the shore and piers to the 

point of beginning. 

(2) Zone B will be within the area 

formed by connecting the following 

latitude and longitude points in the 

following order: 37°47′17.72′′ N, 

122°30′21.74′′ W; thence to 37°47′30.86′′ 

N, 122°30′13.6′′ W; thence to 

37°47′30.87′′ N, 122°29′54.91′′ W; thence 

to 37°47′14.68′′ N, 122°29′45.43′′ W; 

thence along the shore to the point of 

beginning. 

(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, and a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port (COTP) San Francisco in the 

enforcement of the security zones. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zones described in paragraph (a) of the 

sections unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The security zones are closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) To seek permission to enter, 

contact the COTP or the COTP’s 

designated representative by VHF 

Marine Radio channel 21A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. Those in the 

security zones must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Enforcement period. This section 

will be enforced on the dates November 

15, 2023, through November 16, 2023, at 

the times listed below or otherwise 

noted by Marine Information Broadcast. 

(1) Zone A will be enforced from 6 

a.m. until 11:59 p.m. on November 15, 

2023. 

(2) Zone B will be enforced from 8 

a.m. until 9 p.m. on November 16, 2023. 

Dated: November 4, 2023. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector San Francisco. 

[FR Doc. 2023–24848 Filed 11–8–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0852] 

RIN 625–AA87 

Security Zones; San Francisco Bay, 

San Francisco, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary security 

zones in the navigable waters of the San 

Francisco Bay, San Francisco, CA 

within the San Francisco Captain of the 

Port (COTP) zone. The security zones 

are along U.S. Highway 101 North from 

Oyster Point to Candlestick Point, and 

San Francisco Pier 27/29, approximately 

200 yards from shore. The security 

zones are necessary to protect the 

harbors, ports, and waterfront facilities 

during a visit from high-ranking 

government officials and members of 

their official party. Entry of vessels or 

persons into these zones is prohibited 

unless specifically authorized by the 

Captain of the Port San Francisco or a 

designated representative. 

DATES: This rule is effective from 

November 14, 2023 through November 

18, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0852 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 about this rule, call 

or email LT Abigail Hamann, U.S. Coast 

Guard Sector San Francisco, Waterways 

Management Division; telephone 415– 

399–3585, email SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 

impracticable and contrary to the public 

interest. The Coast Guard was not 

notified with ample time to allow for 

public comment. The visit by highranking government officials and 

members of their official party will 

conclude prior to the publication and 

completion of a comment period. 

Additionally, it is impracticable to 

publish a NPRM because the visit is 

scheduled to occur from November 14 

through November 18, 2023, and we 

must establish these security zones by 

those dates. We lack sufficient time to 

solicit comments and review prior to 

issuing a final action. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be impracticable because action 

is needed starting November 14, 2023, 

to protect high-ranking government 

officials, members of their official party, 

the security of harbors, ports, and 

waterfront facilities, and mitigate 

potential subversive acts. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70051 and 

70124. High-ranking government 

officials and members of their official 

party plan to visit the San Francisco 

area and will be in the areas of U.S. 

Highway 101 North from Oyster Point to 


ddrumheller on DSK120RN23PROD with RULES1