[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Rules and Regulations]
[Pages 15724-15727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05590]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0166]
RIN 1625-AA00
Safety Zone; COVID-19 NorCal Maritime 2020, San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of San Francisco Bay surrounding the cruise ship GRAND
PRINCESS due to the presence of at least 21 people onboard reportedly
testing positive for COVID-19. Federal, state, and local health
officials have determined that the vessel presents a risk of spreading
communicable disease within the United States. Based on this
information, this safety zone is necessary to protect personnel from
potential safety hazards onboard the cruise ship GRAND PRINCESS.
Unauthorized persons or vessels are
[[Page 15725]]
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port San Francisco
or a Captain of the Port San Francisco's designated representative.
DATES: This temporary final rule is effective without actual notice
from March 19, 2020 through 12:59 p.m. on April 15, 2020. For the
purposes of enforcement, actual notice will be used from 11 a.m. March
15, 2020 through March 19, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0166 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San
Francisco; telephone (415) 399-7443, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
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 with
respect to this rule because it is impracticable. The Coast Guard
received notice of the need for this safety zone on March 8, 2020. It
is impracticable to go through 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
March 15, 2020.
The Coast Guard previously issued an emergency temporary final rule
for a safety zone effective from March 8, 2020 at 12 p.m. until March
15, 2020 at 11 a.m. (Docket number USCG-2019-0166). Federal, state, and
local health officials have indicated that the risk of spreading
communicable disease within the United States posed by the presence of
at least 21 people onboard the GRAND PRINCESS reportedly testing
positive for COVID-19 will continue beyond March 15, 2020.
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 to
protect personnel from potential hazards onboard the cruise ship GRAND
PRINCESS, which is carrying at least 21 people who have reportedly
tested positive for COVID-19.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. The Captain of the Port San Francisco has determined that
potential communicable disease hazards associated with the GRAND
PRINCESS transiting into and remaining in the San Francisco Bay,
starting on March 8, 2020, will be a safety concern for anyone within a
500-yard radius of the cruise ship while it is underway, and within a
100-yard radius of the cruise ship while it is anchored or moored. This
rule is needed to protect personnel and vessels in the navigable waters
surrounding the cruise ship.
IV. Discussion of the Rule
This rule establishes a temporary safety zone around the cruise
ship GRAND PRINCESS from 11 a.m. on March 15, 2020 through 11:59 p.m.
on April 15, 2020. The safety zone will encompass the navigable waters
of San Francisco Bay and areas shoreward of the line drawn between San
Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main
Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions
37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W,
respectively, from surface to bottom, within the area 500 yards ahead,
astern and extending along either side of the GRAND PRINCESS while the
vessel is underway, and within the area 100 yards ahead, astern and
extending along either side of the GRAND PRINCESS while it is anchored
or moored.
This regulation is needed to keep persons and vessels away from the
immediate vicinity of the cruise ship to ensure the safety of personnel
and vessels. 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
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 water 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. Additionally, 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.
[[Page 15726]]
While some owners or operators of vessels 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and U.S. Coast Guard Environmental Planning Policy,
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
established to deal with an emergency situation that will prohibit
entry to the area surrounding the cruise ship GRAND PRINCESS, which has
at least 21 people onboard who have tested positive for COVID-19. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of Department of Homeland Security Directive 023-01. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
0
2. Add Sec. 165.T11-022 to read as follows:
Sec. 165.T11-022 Safety Zone; COVID-19 NorCal Maritime 2020, San
Francisco Bay, CA.
(a) Location. This temporary safety zone encompasses the navigable
waters of San Francisco Bay and areas shoreward of the line drawn
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195)
in positions 37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N,
122[deg]35.2' W, respectively, from surface to bottom, within the area
500 yards ahead, astern and extending along either side of the GRAND
PRINCESS while the vessel is underway, and within the area 100 yards
ahead, astern and extending along either side of the GRAND PRINCESS
while it is anchored or moored.
(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 Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B 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 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-23A or through
[[Page 15727]]
the 24-hour Command Center at telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from March
15, 2020 at 11 a.m. through April 15, 2020 at 11:59 p.m.
(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: March 12, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2020-05590 Filed 3-18-20; 8:45 am]
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