9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0464]
RIN 1625-AA00
Temporary Final Rule; Little Connection Slough, Stockton, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters
within a 250-foot radius of the vessel AURORA in Little Connection Slough near Stockton, CA.
The safety zone is needed to protect personnel, vessels, and the marine environment from
potential hazards created by salvage and pollution removal operations. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by the Captain of the Port,
Sector San Francisco.
DATES: This rule is effective without actual notice from [INSERT DATE OF PUBLICATION
IN THE FEDERAL REGISTER] through 11:59 p.m. on June 30, 2024. For the purposes of
enforcement, actual notice will be used from 12:01 p.m. on May 29, 2024, until [INSERT DATE
OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: To view documents mentioned in this preamble as being available in the docket,
go to https://www.regulations.gov, type USCG-2024-0464 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, email
Lieutenant (junior grade) Rubymar Sebastian, U.S. Coast Guard Sector San Francisco,
Waterways Management Division; email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5 U.S.C. 553(b)(B).
This statutory 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.” The Coast Guard finds that good cause exists for
not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the
vessel AURORA is partially submerged within Little Connection Slough and the Coast Guard
must limit vessel traffic to ensure the safety of personnel, mariners, and the environment during
pollution removal operations. It is impracticable to publish an NPRM because we must establish
this safety zone on May 29, 2024.
Also, 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 prompt action is needed to respond to
ensure the safety of personnel, mariners, and the environment while conduction pollution
removal operations on the vessel AURORA.
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 Sector San Francisco (COTP) has determined that potential hazards associated with the
pollution removal operations on the vessel AURORA commencing on May 29, 2024, will be a
safety concern for anyone within a 250-foot radius of operations and machinery. This rule is
needed to protect personnel, vessels, and the marine environment in the navigable waters within
the safety zone while the vessel AURORA is salvaged.

IV. Discussion of the Rule
This rule establishes a safety zone from 12:01 p.m. on May 29, 2024, until 11:59 p.m. on
June 30, 2024. The safety zone will cover all navigable waters within 250 feet of vessels and
machinery being used in the pollution removal operations on the vessel AURORA. The duration
of the zone is intended to protect personnel, vessels, and the marine environment in these
navigable waters while pollution is being removed. 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 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-ofday of the safety zone. Vessel traffic will be able to safely transit around this safety zone which
will not impact salvage operations in the Little Connection Slough. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners regarding 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 that will prohibit entry within 250 feet of vessels
and machinery being used by personnel to salvage the vessel AURORA. 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.T11-167 to read as follows:
§ 165.T11-167 Safety Zone; Little Connection Slough, Stockton, CA.
(a) Location. The following area is a safety zone: All waters of Little Connection
Slough, from surface to bottom, within 250 feet of the vessel AURORA at the following
coordinates 38° 3’ 29” N, 121° 30’ 3” W. These coordinates are based on North American
Datum 83 (NAD 83).
(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 Francisco (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
contacting the 24-hour Command Center at telephone (415) 399-3530. 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 12:01 p.m. on May 29,
2024, until 11:59 p.m. on June 30, 2024.

Dated: May 28, 2024.

Jordan M. Baldueza,
Captain, U.S. Coast Guard,
Captain of the Port Sector San Francisco
[FR Doc. 2024-12155 Filed: 6/3/2024 8:45 am; Publication Date: 6/4/2024]