[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58801-58803]
[FR Doc No: 2021-23172]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0769]
RIN 1625-AA00

Safety Zone; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters in the vicinity of the General Dynamics NASSCO
shipyard in San Diego Bay, San Diego, CA, during the launch of the USNS
Harvey Milk. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards associated with the
launching and subsequent berthing of the USNS Harvey Milk. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port San Diego.

DATES: This rule is effective from 9 a.m. through 10:30 a.m., on
November 6, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0769 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 on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA; telephone<PHONE_NUMBER>, email
[email protected].

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 to publish an
NPRM because the Coast Guard must establish this safety zone by
November 6, 2021. This urgent safety zone is required to protect the
maritime public and the surrounding waterways from hazards associated
with the launching of the USNS Harvey Milk. The Coast Guard lacks
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    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 this rule is needed to protect
mariners, commercial and recreational waterway users, and the USNS
Harvey Milk from dangers associated with the

launching and berthing of the USNS Harvey Milk on November 6, 2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Diego
(COTP) has determined that potential hazards associated with launching
of the USNS Harvey Milk on November 6, 2021 will be a safety concern
for anyone in the vicinity of the General Dynamics NASSCO shipyard, San
Diego Bay, San Diego, CA. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the USNS Harvey Milk is being launched and towed to a
nearby berth.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. until 10:30 a.m.,
on November 6, 2021. The safety zone will cover all navigable waters of
the San Diego Bay, CA created by connecting the following points:
Beginning at 32[deg]41.39' N, 117[deg]08.66' W (Point A); thence
running southwesterly to 32[deg]41.24' N, 117[deg]09.05' W (Point B);
thence running southeasterly to 32[deg]41.05' N, 117[deg]08.73' W
(Point C); thence running northeasterly to 32[deg]41.20' N,
117[deg]08.34' W (Point D); thence running northwesterly to the
beginning point. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the USNS Harvey Milk is being launched, then towed to
berth. No vessel or person will be permitted to enter the safety zone
without obtaining permission from 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 Executive Order 12866. 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
and limited duration of the safety zone. This safety zone impacts a
small designated area of the San Diego Bay for a very limited period
during the weekend when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-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.

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 less than two hours that will prohibit entry within
certain navigable waters of San Diego Bay, San Diego, CA in the
vicinity of the General Dynamics NASSCO shipyard. 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-0077 to read as follows:

Sec.  165.T11-0077  Safety Zone; San Diego Bay, San Diego, CA.

    (a) Location. The following area is a safety zone: All waters of
San Diego Bay, from surface to bottom, encompassed by a line connecting
the following points beginning at 32[deg]41.39' N, 117[deg]08.66' W
(Point A); thence running southwesterly to 32[deg]41.24' N,
117[deg]09.05' W (Point B); thence running southeasterly to
32[deg]41.05' N, 117[deg]08.73' W (Point C); thence running
northeasterly to 32[deg]41.20' N, 117[deg]08.34' W (NAD 83) (Point D);
thence running northwesterly to the beginning point.
    (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 San Diego (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 by VHF 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 9 a.m.
through 10:30 a.m., on November 6, 2021.

    Dated: October 19, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2021-23172 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Notices]
[Pages 25859-25861]
[FR Doc No: 2014-10316]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-104-000]

Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Uniontown to Gas City Project
and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Uniontown to Gas City Project
(Project) involving construction and operation of facilities by Texas
Eastern Transmission, LP (Texas Eastern) in Pennsylvania, Ohio and
Indiana. The Commission will use this EA in its decision-making process
to determine whether the project is in the public convenience and
necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the Project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on May 29, 2014.
    You may submit comments in written form or verbally. Further
details on how to submit written comments are in the Public
Participation section of this notice.
    This notice is being sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of this proposed
Project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the Project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Texas Eastern provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    The purpose of the Project is to make new firm pipeline capacity
available to transport production of five shippers that have executed
precedent agreements with Texas Eastern. It would allow additional
natural gas from the Appalachian production area to be transported to
markets in the Midwest. This would be accomplished by modifying 23
existing aboveground facilities along Texas Eastern's system. These
facilities include:
     In Greene County, Pennsylvania, modifications at the
Waynesburg Compressor Station would include new sample lines at the
70009 meter and regulator (M&R) station and 70037 M&R station, a new
gas chromatograph/electronic gas measurement (GC/EGM) building, removal
of a deanalyzer building, and a new GC sample line at the Waynesburg
Suction; new GC/EGM buildings at the 70020 and 73152 M&R station, and
gas turbine modifications at the existing Holbrook Compressor Station;
     in Monroe County, Ohio, a new GC and Remote Terminal Units
(RTU) at the 70983 and 70471 M&R Stations, and a new launcher/receiver
and filter separator at the Berne Compressor Station;
     in Noble County, Ohio, a new launcher/receiver at the
Summerfield Compressor Station, and new receiver on Somerset Line 65;
     in Perry County, Ohio, new launcher/receiver at the
Coserset Compressor Station;
     in Fairfield County, Ohio, a new GC building at the 73715
and 70077 M&R Stations;
     in Pickaway County, Ohio, a new crossover and receiver at
the Five Points Line 1, and gas turbine modifications at the Five
Points Compressor Station;
     in Fayette County, Ohio, new receiver at the Lebanon
Discharge Line 1 and new GC at the 70081 M&R Station;
     in Clinton County, Ohio, a new GC at the 73105 M&R
Station;
     in Warren County, Ohio, gas turbine modifications at the
Lebanon Compressor Station, a new GC building at 70041 M&R Station,
reversal modifications at the 72945 M&R Station, a new GC/RTU building
at 72908 M&R Station, and a new GC at 71353 M&R Station;

     in Darke County, Ohio, new RTU building at the 72902 M&R
Station, and reverse compressor modifications at the Glen Karn
Compressor Station; and
     in Grant County, Indiana, a new delivery meter station,
and reverse compressor modifications at the Gas City Compressor
Station.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    With the exception of the proposed 20-inch-diameter crossover
pipeline located at the Five Points Line 1 in Pickaway County, Ohio,
all of the proposed activities associated with the Project would take
place within Texas Eastern's existing right-of-way. About 4.8 acres
would be disturbed during construction at all the modified facilities
combined within the existing right-of-way. The crossover at the Five
Points Line 1 would disturb an additional 0.07 acre outside of the
existing right-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. The NEPA also requires
us \2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed Project under these
general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     reliability; and
     public safety.
    We will also evaluate reasonable alternatives to the proposed
Project or portions of the Project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendation
to the Commission. To ensure your comments are considered, please
carefully follow the instructions in the Public Participation section
of this notice.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. Agencies that would
like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the Project's potential effects on
historic properties.\3\ We will define the Project-specific Area of
Potential Effects (APE) in consultation with the SHPOs as the project
develops. On natural gas projects, the APE at a minimum encompasses all
areas subject to ground disturbance (examples include construction
right-of-way, contractor/pipe storage yards, compressor stations, and
access roads). Our EA for this Project will document our findings on
the impacts on historic properties and summarize the status on
consultations under section 106.
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    \3\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Historic
properties are defined in those regulations as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
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Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send in your comments
so that they will be received in Washington, DC on or before May 29,
2014.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the Project docket number (CP14-104-000) with your
submission. The Commission encourages electronic filing of comments and
has expert eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. An eComment is an easy method
for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. With eFiling you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making. A comment on a particular project is considered a ``Comment
on a Filing;'' or
    (3) You may file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; interested Indian tribes;
other interested parties; and local libraries and newspapers. This list
also includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes

within certain distances of aboveground facilities, and anyone who
submits comments on the Project. We will update the environmental
mailing list as the analysis proceeds to ensure that we send the
information related to this environmental review to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If the EA is published for distribution, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the compact
disc version or would like to remove your name from the mailing list,
please return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits, in the Docket Number field (i.e.,
CP14-104). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: April 29, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-10316 Filed 5-5-14; 8:45 am]
BILLING CODE 6717-01-P