[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77203-77205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24849]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#01524756607564737660787241747262662f6c686d"><span class="__cf_email__" data-cfemail="5e0d18093f2a3b2c293f272d1e2b2d3d3970333732">[email protected]</span></a>.

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 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 high-ranking 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

[[Page 77204]]

Candlestick Point, and San Francisco Pier 27/29. These are located 
adjacent to U.S. navigable waters in the San Francisco COTP zone. The 
Captain of the Port San Francisco (COTP) has determined that these 
security zones are 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 from November 14 through 
November 18, 2023. These security zones will cover all navigable waters 
of the San Francisco Bay, 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 along U.S. Highway 101 North from Oyster Point to 
Candlestick Point, San Francisco Pier 27/29, approximately 200 yards 
from shore. Zone A is within the area formed by connecting the 
following latitude and longitude points in the following order: 
37[deg]42'28.8'' N, 122[deg]21'45.0'' W; thence to 37[deg]42'31.0'' N, 
122[deg]22'27.0'' W; thence along the shore to 37[deg]40'37.5'' N, 
122[deg]22'45.0'' W; thence to 37[deg]40'20.4'' N, 122[deg]22'10.6'' W 
and thence to the point of beginning. This zone will be in effect from 
12:01 a.m. on November 14, 2023, through 11:59 p.m. on November 18, 
2023.
    Zone B will be around San Francisco Pier 27/29 and approximately 
200 yards from shore. Zone B is within the area formed by connecting 
the following latitude and longitude points in the following order: 
37[deg]48'23.49'' N, 122[deg]24'12.1'' W; thence to 37[deg]48'28.36'' 
N, 122[deg]24'8.48'' W; thence to 37[deg]48'34.68'' N, 
122[deg]24'3.44'' W; thence to 37[deg]48'29.59'' N, 122[deg]23'51.5'' 
W; thence to 37[deg]48'16.79'' N, 122[deg]23'54.88'' W; thence along 
the shore and piers to the point of beginning. This zone will be in 
effect 12:01 a.m. on November 14, 2023, through 11:59 p.m. on November 
18, 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 zone 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.

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

[[Page 77205]]

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 five days in various 
locations, that will be enforced for the entirety of those five 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

0
1. The authority citation for part 165 continues to read as follows:

    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.


0
2. Add Sec.  165.T11-144 to read as follows:


Sec.  165.T11-144  Security Zones: San Francisco Bay, San Francisco, 
CA.

    (a) Location. The following areas are security zones. These 
security zones will cover all navigable waters of the San Francisco 
Bay, from surface to bottom, within the areas described below. All 
coordinates are based on North American datum (NAD 83).
    (1) Zone A is within the area formed by connecting the following 
latitude and longitude points in the following order: 37[deg]42'28.8'' 
N, 122[deg]21'45.0'' W; thence to 37[deg]42'31.0'' N, 122[deg]22'27.0'' 
W; thence along the shore to 37[deg]40'37.5'' N, 122[deg]22'45.0'' W; 
thence to 37[deg]40'20.4'' N, 122[deg]22'10.6'' W and thence to the 
point of beginning.
    (2) Zone B is within the area formed by connecting the following 
latitude and longitude points in the following order: 37[deg]48'23.49'' 
N, 122[deg]24'12.1'' W; thence to 37[deg]48'28.36'' N, 
122[deg]24'8.48'' W; thence to 37[deg]48'34.68'' N, 122[deg]24'3.44'' 
W; thence to 37[deg]48'29.59'' N, 122[deg]23'51.5'' W; thence to 
37[deg]48'16.79'' N, 122[deg]23'54.88'' W; thence along the shore and 
piers to the point of beginning.
    (b) Definitions. As used in this sections, 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 14, 2023, through November 18, 2023, at the times listed below 
or otherwise noted by Marine Information Broadcast.
    (1) Zone A will be enforced from 12:01 a.m. on November 14, 2023, 
until 11:59 p.m. on November 18, 2023.
    (2) Zone B will be enforced from 12:01 a.m. on November 14, 2023, 
until 11:59 p.m. on November 18, 2023.

    Dated: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-24849 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P


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