[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5131-5134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00657]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0956]
RIN 1625-AA00
Safety Zones; Humboldt Bay Bar and Entrance Channel, Eureka, CA,
Noyo River Entrance Channel, Ft. Bragg, CA, and Crescent City Harbor
Entrance Channel, Crescent City, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing three temporary safety zones
in the navigable waters of the Humboldt Bay Bar and 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 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 and
Entrance Channel, Noyo River Entrance Channel, and Crescent City Harbor
Entrance Channel. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zones
without permission of the Captain of the Port San Francisco or a
designated representative.
[[Page 5132]]
DATES: This rule is effective without actual notice from January 1,
2020 through January 29, 2020. This rule is enforceable with
constructive notice from January 29, 2020 until March 31, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0956 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, Waterways Management, U.S. Coast
Guard; telephone (415) 399-7443, email at [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 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 with
respect to this rule because it is impracticable.
On September 21, 2019, the Coast Guard was informed of forecasted
extreme environmental conditions occurring near three respective
locations of California likely to exceed the maximum environmental
limits of the 47-foot Motor Lifeboat employed by the Coast Guard as the
primary rescue asset in each area. These three locations are: The
Humboldt Bay Bar and Entrance Channel, near Eureka, CA; the Noyo River
Entrance Channel, near Fort Bragg, CA; and the Crescent City Harbor
Entrance Channel, near Crescent City, CA. This area is subject to
extreme weather annually, but this year's forecast of extreme weather
starting in September is earlier than is typical. Last year's
comparable forecast of 24-foot breaking seas occurred in November,
which the month when the Coast Guard has historically established
temporary safety zones for these three respective locations.
Due to the consistency of extreme environmental conditions
typically observed between the months of November and March each
winter, the Coast Guard is seeking to establish a permanent regulation
to account for the normal storm season each year. If enacted, it will
cover the period from 1 November of each year through 31 March of the
following year. This regulation is still working through the public
rulemaking process. The Coast Guard previously issued a temporary final
rule covering the period from September 25, 2019 through December 31,
2019. The affected navigable waters remain unsafe to transit during the
storm season, and there is no permanent regulation in effect, so these
three safety zones are necessary to provide for the safety of mariners
transiting the area due to the dangers posed by extreme environmental
conditions and the resulting limited availability of rescue assets.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
also exists for making this rule effective less than 30 days after
publication in the Federal Register. For similar reasons as stated
above, notice and comment procedures would be impracticable in this
instance because the hazardous conditions associated with the extreme
environmental conditions precipitating the rulemaking are ongoing and
will occur before the full rulemaking process could be completed, and a
full rulemaking process for a permanent regulation is ongoing but it
does not appear that it will be complete before the effective date of
this temporary final rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. Notable hazards associated with the extreme environmental
conditions have been observed in the Humboldt Bay Bar and 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. These safety zones establish temporary restricted areas on
the navigable waters of the Humboldt Bay Bar and 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.
Because dangerous sea state conditions have historically been observed
from September through March, these restricted areas are necessary to
mitigate the risks associated with vessels transiting the area while
extreme environmental conditions exist on scene.
IV. Discussion of the Rule
The Coast Guard will enforce, independent of each other, three
respective safety zones in the navigable waters of the Humboldt Bay Bar
and 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. These safety zones will
continue to be effective from January 1, 2020, through March 31, 2020.
These safety zones will be enforced with actual notice until this
rulemaking is published in the Federal Register, and with constructive
notice thereafter.
The effect of the temporary safety zones is to restrict navigation
in the vicinity of zones 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 or the COTP's designated representative, no
person or vessel may enter or remain in the restricted areas during
times of enforcement. As used in the rule, ``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. These three regulated areas are needed to keep vessels away from
the immediate vicinity of the hazardous conditions associated with the
forecasted extreme weather 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 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
[[Page 5133]]
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 zones.
Although this rule restricts access to the waters encompassed by the
safety zones, the effect of this rule will not be significant because
the local waterway users will be notified via public Broadcast Notice
to Mariners to ensure the safety zones will result in minimum impact,
and because the rule will be enforced only during dangerous conditions
caused by extreme weather. 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 zones at times when the zones are 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 zones via
Broadcast Notice to Mariners.
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 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 three safety zones
which will be implemented during periods of extreme environmental
conditions in Humboldt Bay Bar and 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. 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, 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: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5;
[[Page 5134]]
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-014 to read as follows:
Sec. 165.T11-014 Safety zones; Humboldt Bay Bar and Entrance
Continuation, Noyo River Entrance, and Crescent City Harbor Entrance
Channel Closures, Humboldt Bay, Eureka, CA.
(a) Location. The following areas are safety zones:
(1) All navigable waters, from surface to bottom, of the Humboldt
Bay Bar Channel and the Humboldt Bay Entrance Channel, of Humboldt Bay,
CA,
(2) All navigable waters, from surface to bottom, 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
approximate position 39[deg]25'41'' N, 123[deg]48'37'' W and extending
1200 yards at bearing 290[deg] T, and southern boundary of the line
originating in approximate position 39[deg]25'38'' N, 123[deg]48'36'' W
and extending 1200 yards at 281[deg] T, in Fort Bragg, CA, and
(3) All navigable waters, from surface to bottom, of the Crescent
City Harbor Entrance Channel, as defined by the area contained seaward
of the line originating in approximate position 41[deg]44'36'' N,
124[deg]11'18''W bearing 237[deg]T and extending out to 1 NM from 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, entering into, transiting through, 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.
(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 if contacting between
6:30 a.m. and 10 p.m., or Sector Humboldt Bay on VHF-FM channel 16 or
at (707) 839-6113 if contacting 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 if contacting
between 6:30 a.m. and 10 p.m., or Sector Humboldt Bay on VHF-FM channel
16 or at (707) 839-6113 if contacting between 10 p.m. and 6:30 a.m.
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.
(d) Enforcement period. The zones described in paragraph (a) of
this section will be effective from January 1, 2020 through March 31,
2020. This section will be enforced when the COTP determines that the
on scene conditions are hazardous and unsafe for vessel transits due to
extreme weather conditions.
(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: December 19, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2020-00657 Filed 1-28-20; 8:45 am]
BILLING CODE 9110-04-P