[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Rules and Regulations]
[Pages 53418-53421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24842]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2017-0042]
RIN 1625-AA00
Safety Zones; Humboldt Bay Bar, Eureka, CA, Noyo River Entrance,
Ft. Bragg, CA, and Crescent City Harbor Entrance Channel, Crescent
City, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Interim rule and request for comments
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SUMMARY: The Coast Guard is establishing temporary safety zones in the
navigable waters of the Humboldt Bay Entrance Channel, of Eureka, CA,
Noyo River Entrance Channel, of Fort Bragg, CA, and Crescent City
Harbor Entrance Channel, of Crescent City, CA to safeguard navigation
safety during extreme environmental conditions. These safety zones are
established to protect the safety of vessels transiting the areas from
the dangers associated with extreme breaking surf and high wind
conditions occurring in the Humboldt Bay Bar Channel, Noyo River
Entrance Channel, and Crescent City Harbor Entrance Channels. When
enforced, entry of persons or vessels into this temporary safety zone
is prohibited unless specifically authorized by the Captain of the Port
(COTP), San Francisco or his designated representative.
DATES: This rule is effective without actual notice from November 16,
2017 until 11:59 p.m. on March 31, 2018. For the purposes of
enforcement, actual notice will be used from October 27, 2017 until
November 16, 2017. This rule will be enforced when the COTP determines
that the on scene conditions are hazardous and unsafe for vessel
transits, typically expected to be 20 foot breaking seas at each
location. Enforcement will be announced via local Broadcast Notice to
Mariners.
ADDRESSES: You may submit comments view documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov, type [USCG-2017-0042] in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or email Lieutenant Commander Rebecca Deakin, U.S. Coast
Guard Sector San Francisco; telephone (415) 399-7401 or email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
APA Administrative Procedures Act
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of Proposed Rulemaking
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim 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. Publishing an NPRM would be impracticable in this
case due to having received initial notice of the extreme environmental
and weather conditions substantiating this rule on October 19, 2017.
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, as delaying the effective date of
this rule would be impracticable due to the timing of the forecast
environmental and weather conditions.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP), San Francisco has determined that
this rule is necessary to provide for the safety of Coast Guard
members, mariners, and other vessels transiting the area where
[[Page 53419]]
notable hazards associated with the extreme environmental conditions
have been observed in the Humboldt Bay Entrance Channel near Eureka,
CA, the Noyo River Entrance Channel, near Fort Bragg, CA, and the
Crescent City Harbor Entrance Channel, of Crescent City, CA.
IV. Discussion of the Rule
This rule establishes three safety zones, respectively in the
navigable waters of the Humboldt Bay Entrance Channel near Eureka, CA,
the Noyo River Entrance Channel, near Fort Bragg, CA, and the Crescent
City Harbor Entrance Channel, of Crescent City, CA, when the COTP
determines that the on scene conditions are hazardous and unsafe for
vessel transits, typically expected to be 20 foot breaking seas at each
location. Enforcement will be announced via Broadcast Notice to
Mariners between 12:01 a.m. on October 27, 2017 until 11:59 p.m. on
March 31, 2018.
The effect of the temporary safety zones is to restrict navigation
in the vicinity of the Humboldt Bay Entrance Channel, Noyo River
Entrance Channel, and Crescent City Harbor Entrance Channel while the
hazardous conditions associated with extreme environmental conditions
exist, and until the Coast Guard deems the safety zone is no longer
needed. Except for persons or vessels authorized by the COTP, no person
or vessel may enter or remain in the restricted areas during times of
enforcement. These regulated areas are needed to keep vessels away from
the immediate vicinity of the hazardous conditions associated to ensure
the safety of transiting vessels in each respective area.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, disruptive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. This safety zone
is limited in size, duration and location. In addition, although this
rule restricts access to the waters encompassed by the safety zone, the
effect of this rule will not be significant because the local waterway
users will be notified via public Local Notice to Mariners to ensure
the safety zone will result in minimum impact. The entities most likely
to be affected are waterfront facilities, commercial vessels, and
pleasure craft engaged in recreational activities.
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. This rule may affect the following entities, some of
which may be small entities: Owners and operators of waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities and sightseeing, if these facilities or vessels
are in the vicinity of the safety zone at times when this zone is being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
This rule will encompass only a small portion of the waterway for a
limited period of time while hazardous conditions exist, and (ii) the
maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.
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
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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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
[[Page 53420]]
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Record of Environmental Consideration (REC) are available in the docket
for this rulemaking. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this rule.
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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this Temporary Interim Rule as being
available in this docket and all public comments, will be in our online
docket at http://www.regulations.gov and can be viewed by following
that Web site's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1
0
2. Add Sec. 165-900 to read as follows:
Sec. 165-900 Safety zones; Humboldt Bay Bar, Noyo River Entrance, and
Crescent City Harbor Entrance Channel Closures, Humboldt Bay, Eureka,
CA.
(a) Location. Temporary safety zones are established in:
(1) The navigable waters of the Humboldt Bay Bar Channel and the
Humboldt Bay Entrance Channel, of Humboldt Bay, CA;
(2) The navigable waters of the Noyo River Entrance Channel as
defined by the Area contained seaward of the Line of Demarcation with
northern boundary of the line originating in approx position
39[deg]25'41'' N., 123[deg]48'37'' W. and extending 1200 yards at
bearing 290[deg] T & southern boundary of the line originating in
approx position 39[deg]25'38'' N., 123[deg]48'36'' W. and extending
1200 yards at 281[deg] T, in Fort Bragg, CA;
(3) The navigable waters of the Crescent City Harbor Entrance
Channel, as defined by the area contained seaward of the line
originating in approx position 41[deg]44'36'' N., 124[deg]11'18'' W.
bearing 237[deg]T and extending out to 1 NM of the Line of Demarcation
in Crescent City, CA.
(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 on a Coast Guard
vessel or at a Coast Guard unit or a Federal, State, or local officer
designated by or assisting the COTP in the enforcement of the safety
zones.
(c) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within these safety
zones are prohibited unless authorized by the COTP or the COTP's
designated representative.
(2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP or the COTP's designated representative.
Vessel operators given permission to enter or operate in the safety
zones must comply with all directions given to them by the COTP or the
COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the
Humboldt Bay Entrance Channel or Crescent City Harbor Entrance Channel
safety zones during times of enforcement shall contact Station Humboldt
Bay on VHF-FM channel 16 or at (707) 443-2213 between 6:30 a.m. and 10
p.m., or to Sector Humboldt Bay on VHF-FM channel 16 or at (707) 839-
6113 if between 10 p.m. and 6:30 a.m. Vessel operators desiring to
enter or operate within the Noyo River Entrance Channel safety zone
during times of enforcement shall contact Station Noyo River on VHF-FM
channel 16 or at (707) 964-6611 between 6:30 a.m. and 10 p.m., or to
Sector Humboldt Bay on VHF-FM channel 16 or at (707) 839-6113 if
between 10 p.m. and 6:30 a.m.
(d) Enforcement period. The zones described in paragraph (a) of
this section will be effective from October 27, 2017 through March 31,
2018. The zones described in paragraph (a) of this section will be
enforced when the COTP determines that the on scene conditions are
hazardous and unsafe for vessel transits, typically expected to be 20
foot breaking seas at each location.
[[Page 53421]]
Enforcement will be announced via Broadcast Notice to Mariners. The
COTP will notify the maritime community of periods during which these
zones will respectively be enforced via Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
Dated: October 27, 2017.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain of the Port of San
Francisco.
[FR Doc. 2017-24842 Filed 11-15-17; 8:45 am]
BILLING CODE 9110-04-P