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

■ 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. 

■ 2. Add § 165.T11–144 to read as 

follows: 

§ 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°42′28.8′′ N, 122°21′45.0′′ W; thence to 

37°42′31.0′′ N, 122°22′27.0′′ W; thence 

along the shore to 37°40′37.5′′ N, 

122°22′45.0′′ W; thence to 37°40′20.4′′ N, 

122°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°48′23.49′′ N, 122°24′12.1′′ W; thence 

to 37°48′28.36′′ N, 122°24′8.48′′ W; 

thence to 37°48′34.68′′ N, 122°24′3.44′′ 

W; thence to 37°48′29.59′′ N, 

122°23′51.5′′ W; thence to 37°48′16.79′′ 

N, 122°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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0788] 

RIN 1625–AA00 

Safety Zone; Hillsborough Bay, Tampa, 

FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of Tampa Bay 

between the Tampa Convention Center 

and the Tampa General Hospital at the 

base of Seddon Channel. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

police exercise. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, St. Petersburg or a 

designated representative. 

DATES: This rule is effective from 7 a.m. 

through 3 p.m. on November 29, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0788 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 Marine Science Technician 

First Class Mara J. Brown, Sector St. 

Petersburg Prevention Department, 

Coast Guard; telephone 813–228–2191, 

email Mara.J.Brown@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 


ddrumheller on DSK120RN23PROD with RULES1
77206 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

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 

would be impracticable. Immediate 

action is needed to protect vessels, and 

the marine environment in small 

portion of the Hillsborough Bay within 

the safety zone while the exercise is 

being conducted. The Coast Guard lacks 

sufficient time to provide for a comment 

period and then consider those 

comments before issuing the rule since 

this rule is needed by November 29, 

2023. 

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 

because immediate action is needed in 

order to protect vessels, and the marine 

environment in small portion of the 

Hillsborough Bay within the safety zone 

while the exercise is being conducted. 

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 St Petersburg (COTP) 

has determined that potential hazards 

associated with the police on November 

29, 2023, will be a safety concern for 

anyone within the waters of the Tampa 

Convention Center and Tampa General 

Hospital. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the 

exercise is being conducted. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. until 3 p.m. on November 

29, 2023. The safety zone will cover all 

navigable waters between the Tampa 

Convention Center and the Tampa 

General Hospital at the base of Seddon 

Channel. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the Tampa 

Police exercise is being conducted. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. Vessels may 

be directed through the safety zone by 

on scene law enforcement personnel. 

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 size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

would impact a small, designated area 

where the Hillsborough River and 

Seddon Channel meet. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via BHF–FM marine 

channel 16 about the zone, and the rule 

would allow vessels to seek permission 

to enter the zone. 

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, 

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. 


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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77207 

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 8 hours during the 

police exercise. 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, 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.T07–0788 to read as 

follows: 

§ 165.T07–0788 Safety Zone; Hillsborough 

River, Tampa, FL. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Hillsborough Bay, from surface to 

bottom, encompassed by a line 

connecting the following points: 

27°56′16′′ N, 082°27′40′′ W, thence to 

position 27°56′18′′ N, 082°27′43′′ W, 

thence to position 27°56′30′′ N, 

082°27′33′′ W, thence to position 

27°56′30′′ N, 082°27′29′′ W, thence to 

position 27°56′25′′ N, 082°27′17′′ W, 

thence to position 27°56′22′′ N, 

082°27′16′′ W, thence to position 

27°56′13′′ N, 082°27′19′′ W, thence to 

position 27°56′12′′ N, 082°27′24′′ W, 

thence to position 27°56′23′′ N, 

082°27′32′′ W, and along the shoreline 

back to the beginning point. These 

coordinates are based on World 

Geodetic System (WGS 84). 

(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, and local officer 

designated by or assisting the Captain of 

the Port St. Petersburg (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. 

(1) Under the general safety zone 

regulations 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) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF radio on channel 

16. Those in the safety zone 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 from 7 a.m. until 3 p.m. 

on November 29, 2023. 

Dated: November 2, 2023. 

Michael P. Kahle, 

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

Port St. Petersburg. 

[FR Doc. 2023–24791 Filed 11–8–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0884] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

Military Ocean Terminal Concord, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone in the navigable waters of 

Suisun Bay, off Concord, CA, in support 

of explosive on-loading to Military 

Ocean Terminal Concord (MOTCO) on 

November 7, 2023, through November 

10, 2023. This safety zone is necessary 

to protect personnel, vessels, and the 

marine environment from potential 

explosion within the explosive arc. The 

safety zone is open to all persons and 

vessels for transitory use, but vessel 

operators desiring to anchor or 

otherwise loiter within the safety zone 

must obtain the permission of the 

Captain of the Port San Francisco or a 

designated representative. All persons 

and vessels operating within the safety 

zone must comply with all directions 

given to them by the Captain of the Port 

San Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced from 12:01 

a.m. on November 7, 2023, until 11:59 

p.m. on November 10, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call, or 

email LT Abby Hamann, U.S. Coast 

Guard Sector San Francisco, Waterways 

Management Division, at 415–399–3585, 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1198 for the Military Ocean 

Terminal Concord, CA (MOTCO) 

regulated area from 12:01 a.m. on 

November 7, 2023, until 11:59 p.m. on 

November 10, 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. 


ddrumheller on DSK120RN23PROD with RULES1