Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448 Page: 18,293
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Federal Register/Vol. 74, No. 76/Wednesday, April 22, 2009/Rules and Regulations
a signal to stop. Vessels or persons
signaled shall stop and shall comply
with the orders of the patrol vessels.
Failure to due so may result in the
expulsion from the area, citation for
failure to comply, or both.
(4) Any spectator vessel may anchor
outside the regulated area specified in
paragraph (a) of this section, but may
not block a navigable channel.
Dated: March 10, 2009.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the
[FR Doc. E9-9165 Filed 4-21-09; 8:45 am]
BILLING CODE 4910-15-P
DEPARTMENT OF HOMELAND
33 CFR Part 165
[Docket No. USCG-2009-0278]
Safety Zone; Waters Surrounding
Berth 7 at the Port of Oakland, San
Francisco Bay, 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 San
Francisco Bay, CA at Berth 7 at the Port
of Oakland during the offloading of the
ZHEN HUA 18. Unauthorized persons
or vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without the permission
of the Captain of the Port or his
DATES: This rule is effective from noon
on April 14, 2009, through 11:59 p.m.
on April 24, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG-2009-
0278 and are available online by going
to http://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG-2009-0278 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at the Docket Management Facility (M-
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Lieutenant Junior Grade
Simone Mausz, U.S. Coast Guard Sector
San Francisco, at (415) 399-7442. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-
The Coast Guard is issuing this
temporary final 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 the
event would occur before the
rulemaking process would be
completed. Because of the dangers
posed by the offloading of heavy
equipment onboard this vessel, the
safety zone is necessary to provide for
the safety of other vessels transiting the
area. For the safety concerns noted, it is
in the public interest to have these
regulations in effect during the offload.
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. The Coast Guard was only
recently notified of the safety concerns,
and any delay in the effective date of
this rule would expose mariners to the
dangers posed by the equipment being
Background and Purpose
The M/V ZHEN HUA 18 will be
delivering heavy equipment and
materials for use in the construction of
the San Francisco-Oakland Bay Bridge
project. This rule is necessary for the
safety of the public and vessels
transiting to other berths during the
offload of this cargo. This rule prohibits
entry of any vessel or person inside the
safety zone without specific
authorization from the Captain of the
Port or his designated representative.
Discussion of Rule
This safety zone will remain in effect
from noon on April 14, 2009, through
11:59 p.m. April 24, 2009, and includes
all waters extending from the surface
area to the sea floor within
approximately 50 yards seaward from
the moored vessel and encompasses all
waters in San Francisco Bay within an
area created by connecting the following
geographical positions: From latitude
3749'08" N and longitude 12219'07"
W; thence to latitude 3749'05" N and
longitude 122019'30" W; thence to
latitude 3749'15" N and longitude
122018'52" W; thence to latitude
3749'18" N and longitude 122018'56"
W; thence along the shoreline back to
the beginning point.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the berth while the
equipment is offloaded. Except for
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the restricted area.
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Although this rule restricts access to
the waters encompassed by the safety
zone, the effect of this rule will not be
significant because vessels will be able
to safely transit around the area and the
local waterway users will be notified via
public Broadcast Notice to Mariners to
ensure the safety zone will result in
minimum impact. The entities most
likely to be affected are pleasure craft
engaged in recreational activities.
Under the Regulatory Flexibility Act
(5 U.S.C. 601-612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
This rule may affect owners and
operators of pleasure craft engaged in
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448, periodical, April 22, 2009; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc132938/m1/15/: accessed May 1, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.