Regulated Navigation Area; Humboldt Bay Bar Channel and Humboldt Bay Entrance Channel, Humboldt Bay, CA, 11546-11549 [05-4599]
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11546
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
Issued in Washington, DC, this 4th day of
March, 2005.
Elaine L. Chao,
Chairman, Board of Directors, Pension Benefit
Guaranty Corporation.
Issued on the date set forth above pursuant
to a resolution of the Board of Directors
authorizing its Chairman to issue this final
rule.
Philip R. Hertz,
Secretary, Board of Directors, Pension Benefit
Guaranty Corporation.
[FR Doc. 05–4623 Filed 3–8–05; 8:45 am]
Coast Guard
Background and Purpose
Bar, the Group Commander would be
better equipped to make timely
judgments on bar conditions and to
enforce this regulated navigation area.
Therefore, the authority to enforce this
regulated navigation is being delegated
to the Commanding Officer of Group
Humboldt Bay.
In this particular rulemaking, the
Coast Guard is designating an area
around the Humboldt Bay Bar as a RNA
for the following purposes: (1) To
establish the Coast Guard’s authority to
prohibit vessels carrying oil or
hazardous material as cargo from
crossing the bar during unsafe
conditions, (2) to establish waiver,
notice, and vessel escort policies, and
(3) to delegate the authority for
enforcing these regulations to the
Humboldt Bay Group Commander.
33 CFR Part 165
Because Humboldt Bay has a breaking
bar, a narrow entrance channel, and no
general anchorages within the bay,
transits of this area present significant
hazards to vessels carrying oil or
hazardous material as cargo. The
potential hazards to the subject vessels
and the consequences of casualties
involving commercial vessels carrying
oil or hazardous material as cargo
warrant special procedures to reduce
the potential for a collision or grounding
and the subsequent release of a cargo
covered by this regulation.
Prior to the issuance of this TFR, the
COTP issued several advisories
addressing safe entry procedures for
vessels transporting cargoes of oil or
other hazardous material in the
Humboldt Bay area. The most recent
was a COTP Advisory put into effect in
June of 1998 (COTP Advisory 01–98).
This advisory included policies for
when the bar would be closed to
specified vessel traffic, notice
requirements, vessel escort policies, and
addressed parameters and procedures
for waiver requests. In August of 2004,
representatives from the Coast Guard
Marine Safety Office San Francisco Bay
met with Humboldt Bay stakeholders to
review COTP Advisory 01–98. In
attendance at this meeting were
representatives from the California State
Department of Fish and Game’s Office of
Oil Spill Prevention and Response,
Humboldt Bay Coast Guard units, and
local oil tank vessel operators. The
COTP determined that although the
policies contained within the COTP
Advisory were appropriate, the policies
and procedures should be codified into
Federal Regulation to clearly establish
the Coast Guard’s authority to enforce
them. In addition, it was decided that
because Coast Guard Group Humboldt
Bay is located near the Humboldt Bay
Discussion of Rule
This rule designates the Humboldt
Bay Bar Channel and the Humboldt Bay
Entrance Channel as an RNA for the
purpose of regulating vessels
transporting cargoes of oil or hazardous
material. The potential hazards
associated with these products are
serious enough to justify special
procedures to reduce the possibility of
a collision or grounding during periods
of poor weather, which could lead to a
release of the materials covered by this
regulation. The regulation helps ensure
the safety of mariners, the public, the
port, and the environment by
establishing requirements and
procedures regarding: (1) Notice of
intent to cross the bar, (2) when the bar
would be closed to certain vessels due
to weather conditions, (3) waivers, and
(4) vessel escorts.
If the owner, master, agent, or person
in charge of a vessel to which the
regulation applies wants to obtain a
waiver to cross the bar when it is closed,
a waiver can be requested within 4
hours of crossing the bar and will be
considered for approval by the Group
Commander, or his designated
representative, on a case-by-case basis.
As a general rule waivers will only be
granted when the following conditions
exist: (1) Proper permission to cross has
been received, (2) sea conditions at the
bar are less than 6 feet, (3) winds at the
bar are less than 30 knots, (4) the transit
will take place during daylight hours,
(5) the vessel has only a single tow or
no tow, and (6) the visibility at the bar
is greater than 1,000 yards.
Deviations from the procedures and
requirements of this rule are prohibited
unless specifically authorized by the
Group Commander or his designated
representative. Vessels or persons
violating this section may be subject to
BILLING CODE 7708–01–P
DEPARTMENT OF HOMELAND
SECURITY
[CCGD11–04–010]
RIN 1625–AA11
Regulated Navigation Area; Humboldt
Bay Bar Channel and Humboldt Bay
Entrance Channel, Humboldt Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
designating the Humboldt Bay Bar
Channel and the Humboldt Bay
Entrance Channel as a Regulated
Navigation Area (RNA) for certain
commercial vessels transporting oil or
hazardous material as cargo. This action
is necessary to reduce significant
hazards to subject vessels, the port and
the public that are present during
periods of poor weather conditions. The
RNA codifies existing Captain of the
Port San Francisco Bay (COTP) policies
for vessels transporting oil or certain
dangerous cargoes in bulk within
Humboldt Bay.
DATES: This rule is effective from April
8, 2005 to October 11, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of the docket [CCGD11–
04–010] and are available for inspection
or copying at Coast Guard Marine Safety
Office San Francisco Bay, Coast Guard
Island, Alameda, California, 94501,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Doug Ebbers, Waterways
Management Branch, U.S. Coast Guard
Marine Safety Office San Francisco Bay,
at (510) 437–2770.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(B),
the Coast Guard finds that good cause
exists for not publishing an NPRM. Any
delay in implementing this rule would
be contrary to the public interest since
immediate action is necessary to protect
the maritime public and the
environment from the hazards
associated with these cargoes and the
extremely dangerous marine conditions
at the Humboldt Bay Bar. A separate
NPRM to make permanent the
regulations in this TFR will be
published to allow public comment
prior to the issuance of a final rule to
make these regulations permanent.
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Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
the penalties set forth in 33 U.S.C. 1232.
Pursuant to 33 U.S.C. 1232, any
violation of the regulations described
herein, is punishable by civil penalties
(not to exceed $32,500 per violation,
where each day of a continuing
violation is a separate violation),
criminal penalties (imprisonment from
5 to 10 years and a maximum fine of
$250,000) and in rem liability against
the offending vessel. Any person who
violates this section using a dangerous
weapon, or who engages in conduct that
causes bodily injury or fear of imminent
bodily injury to any officer authorized
to enforce this regulation also faces
imprisonment from 10 to 25 years.
The Group Commander, acting as a
representative of the Captain of the Port,
San Francisco Bay, will enforce this
regulation and has the authority to take
steps necessary to ensure the safe transit
of vessels in Humboldt Bay. The Group
Commander can enlist the aid and
cooperation of any Federal, State,
county, and municipal agency to assist
in the enforcement of the regulation.
Regulatory Evaluation
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
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
The effect of this regulation is not
significant for the following reasons: (1)
Very few vessels carrying oil or
hazardous material as cargo transit the
Humboldt Bay area, and (2) those
vessels carrying oil or hazardous
material as cargo have been complying
with the COTP advisories that
established the same procedures that are
being established by this regulation.
Therefore, this rule is a continuation of
the already established policy of
monitoring the entrance and departure
of the above-mentioned vessels. In
addition, vessels will continue to be
allowed to enter on a case-by-case basis
with prior permission of the Group
Commander, or his designated
representative.
Small Entities
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
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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 is not
expected to have a significant economic
impact on a substantial number of small
entities. The effect of this rule on small
entities will not be significant for the
following reasons: (1) Very few vessels
carrying oil or hazardous material as
cargo transit the Humboldt Bay area,
and (2) those vessels carrying oil or
hazardous material as cargo have been
complying with the COTP advisories
that established the same procedures
that are being established by this
regulation. Currently, the only entity
that would be routinely subject to this
regulation is an oil barge that makes
twice-weekly transits of the Humboldt
Bay Bar.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. If the rule will affect your small
business, organization, or government
jurisdiction and you have questions
concerning its provisions, options for
compliance, or assistance in
understanding this rule, please contact
the person listed under FOR FURTHER
INFORMATION CONTACT.
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).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
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11547
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
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Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation because we are
establishing a RNA.
A final ‘‘Environmental Analysis
Checklist’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available for review in the docket
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Waterways.
I 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:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
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1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Temporarily add § 165.T11–004, to
read as follows:
I
§ 165.T11–004 Regulated Navigation Area;
Humboldt Bay Bar Channel and Humboldt
Bay Entrance Channel, Humboldt Bay,
California.
(a) Location. The Regulated
Navigation Area (RNA) includes all
navigable waters of the Humboldt Bay
Bar Channel and the Humboldt Bay
Entrance Channel, Humboldt Bay,
California.
(b) Definitions. As used in this
section—
COTP means the Captain of the Port
as defined in 33 CFR 1.01–30 and 3.55–
20.
Group means Coast Guard Group
Humboldt Bay.
Group Commander means the
Commanding Officer of Coast Guard
Group Humboldt Bay.
Hazardous Material means any of the
materials or substances listed in 46 CFR
153.40.
Humboldt Bay Area means the area
described in the location section of this
regulation.
Oil means oil of any kind or in any
form, including but not limited to,
petroleum, fuel oil, sludge, oil refuse,
and oil mixed with wastes other than
dredged spoil.
Station means Coast Guard Station
Humboldt Bay.
Tank Vessel means any vessel that is
constructed or adapted to carry, or that
carries, oil or hazardous material in bulk
as cargo or cargo residue.
(c) Applicability. These regulations
apply to the owners and operators of
tank vessels transporting oil or
hazardous material as cargo within the
Humboldt Bay Area.
(d) Regulations.
(1) In addition to the arrival and
departure notification requirements
listed in 33 CFR 160, Ports and
Waterways Safety—General, Subpart
C—Notifications of ‘‘Arrivals,
Departures, Hazardous Conditions, and
Certain Dangerous Cargoes’’, the owner,
master, agent or person in charge of a
vessel to which this notice applies shall
obtain permission to cross within four
hours of crossing the Humboldt Bay Bar.
Between 6:30 a.m. and 10 p.m.,
notification/requests for permission can
be made to Station Humboldt Bay on
VHF–FM Channel 16, or at (707) 443–
2213. If between 10 p.m. and 6:30 a.m.,
or if unable to reach the Station,
notification/requests for permission can
be made directly to Group Humboldt
Bay on VHF–FM Channel 16 or at (707)
839–6113.
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(2) Permission for a bar crossing by
vessels or towing vessels and their tows
to which this regulation applies is
dependant on environmental and safety
factors, including but not limited to: Sea
state, winds, visibility, size and type of
vessel or tow, wave period, time of day/
night, and tidal currents. The final
decision to close the bar rests with
Humboldt Bay Group Commander or his
designated representative. At a
minimum, Humboldt Bay Bar Channel
crossings by vessels subject to this
advisory will generally not be permitted
unless all of the following conditions
exist: Proper permission to cross has
been received, sea conditions at the bar
are less than 6 feet, winds at the bar are
less than 30 knots, the transit will take
place during daylight hours, the vessel
has only a single tow or no tow, the
visibility at the bar is greater than 1,000
yards, and the vessel and tow are in
proper operating condition.
(3) If the bar is closed to vessels to
which this regulation applies, waiver
requests will be accepted within four
hours of crossing the entrance channel.
If the waiver request is made between
6:30 a.m. and 10 p.m., the request
should be made to Station Humboldt
Bay on VHF–FM Channel 16, or at (707)
443–2213. If between 10 p.m. and 6:30
a.m., or if unable to reach the Station,
the request can be made directly to
Group Humboldt Bay on VHF–FM
Channel 16 or at (707) 839–6113.
Waiver requests must be made by the
vessel master and must provide the
following: A description of the proposed
operation, the conditions for which the
waiver is requested, the reasons for
requesting the waiver, the reasons that
the requester believes the proposed
operation can be accomplished safely,
and a callback phone number. The
Station or Group Watchstander
receiving the request will brief the
Officer in Charge of the Station who will
then brief the Group Commander. The
authority to grant waivers rests with the
Group Commander or his designated
representative.
(4) In addition to the above
requirements, vessels transporting
liquefied hazardous gasses or
compressed hazardous gasses in bulk as
cargo into or out of Humboldt Bay are
required to be aided by two assist tugs.
If the vessel carrying the gasses is
towed, the tow tug requirement is in
addition to the towing tug. The assist
tugs shall escort the vessel through its
transit and must be stationed so as to
provide immediate assistance in
response to the loss of power or steering
of the cargo vessel, its towing tug, or
loss of control over the tow.
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Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
(5) Vessels to which this regulation
applies may be required by the Group
Commander or his designated
representative to be escorted by a Coast
Guard vessel during their transit. In
addition, if a vessel master, agent, or
pilot has concerns about the safety of a
vessel’s transit through the Humboldt
Bay Entrance Channel, a Coast Guard
escort may be requested. Requests for an
escort should be directed to Station on
VHF–FM channel 16 or at (707) 443–
2213 between 6:30 a.m. and 10 p.m., or
to Group on VHF–FM channel 16 or at
(707) 839–6113 if between 10 p.m. and
6:30 a.m.
(e) Enforcement. Acting as a
representative of the Captain of the Port,
the Humboldt Bay Group Commander
will enforce this regulation and has the
authority to take steps necessary to
ensure the safe transit of vessels in
Humboldt Bay. The Group Commander
can enlist the aid and cooperation of
any Federal, State, county, and
municipal agency to assist in the
enforcement of the regulation. All
persons and vessels shall comply with
the instructions of the Group
Commander or the designated on-scene
patrol personnel. Patrol personnel
comprise commissioned, warrant, and
petty officers of the Coast Guard
onboard Coast Guard, Coast Guard
Auxiliary, local, State, and Federal law
enforcement vessels. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed.
(f) Effective Period. This rule is
effective from April 8, 2005 to October
11, 2005.
Dated: February 28, 2005.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, District
Commander, Eleventh Coast Guard District.
[FR Doc. 05–4599 Filed 3–8–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–04–171]
RIN 1625–AA87 (Formerly 1625–AA00)
Security Zone; Fifth Coast Guard
District
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing permanent moving security
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zones around escorted vessels while
they are in the navigable waters of the
Fifth Coast Guard District. The security
zones require all vessels in a 500-yard
radius around escorted vessels, to
operate at the minimum speed
necessary to navigate safely and
prohibits any vessels from entering
within 100 yards of an escorted vessel.
These security zones mitigate potential
terrorist acts and enhance public and
maritime safety and security.
DATES: This rule is effective April 13,
2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–04–171 and are available
for inspection or copying at the Fifth
Coast Guard District, Marine Safety
Division, 431 Crawford Street,
Portsmouth, Virginia, 23704 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant E.J. Terminella, Fifth Coast
Guard District, at (757) 398–7783.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 28, 2004, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Security Zone; Fifth
Coast Guard District’’ in the Federal
Register (69 FR 77684). We did not
receive any letters commenting on the
proposed rule. No public meeting was
requested and none was held.
Background and Purpose
Due to increased awareness that
future terrorist attacks are possible, the
Coast Guard, as Lead Federal Agency for
maritime homeland security, has
determined that the Captain of the Port
must have the means to be aware of,
detect, deter, intercept, and respond to
asymmetric threats, acts of aggression,
and attacks by terrorists on the
American homeland while maintaining
our freedoms and sustaining the flow of
commerce. Terrorists have
demonstrated both desire and ability to
use multiple means in different
geographic areas to successfully carry
out their terrorist missions.
During the past 3 years, the Federal
Bureau of Investigation has issued
several advisories to the public
concerning the potential for terrorist
attacks within the United States. The
October 2002 attack on a tank vessel,
M/V LIMBURG, off the coast of Yemen
and the prior attack on the USS COLE
demonstrate a continuing threat to U.S.
maritime assets as described in the
President’s finding in Executive Order
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11549
13273 of August 21, 2002 (67 FR 56215,
September 3, 2002), and Continuation of
the National Emergency with Respect to
Certain Terrorist Attacks, (67 FR 58317,
September 13, 2002); Continuation of
the National Emergency With Respect
To Persons Who Commit, Threaten To
Commit, Or Support Terrorism, (67 FR
59447, September 20, 2002).
Furthermore, the ongoing hostilities in
Afghanistan and Iraq have made it
prudent for U.S. port and waterway
users to be on a higher state of alert
because the Al Qaeda organization and
other similar organizations have
declared an ongoing intention to
conduct armed attacks on U.S. interests
worldwide.
In addition to escorting vessels, a
security zone is a tool available to the
Coast Guard that may be used to control
maritime traffic operating in the vicinity
of vessels that the Coast Guard has
determined need additional security
measures during their transit. The
District Commander has made a
determination that it is necessary to
establish a security zone around vessels
that are escorted. This regulation, which
will establish security zones around
escorted vessels, will allow the COTP to
safeguard escorted vessels, and reduce
the possibility of a terrorist attack that
might kill or injure persons or damage
property in ports, harbors or waterfront
facilities. Vessels that may require an
escort are vessels of national security
interest, such as a passenger vessel or a
vessel carrying certain dangerous or
hazardous cargo. These security zones
around all escorted vessels during
transit and while the escorted vessels
are anchored, moored, or underway
within the Fifth Coast Guard District
will help ensure the safety of the ports
and vessels in the navigable waters of
the Fifth Coast Guard District.
Discussion of Comments and Changes
No comments were received. For
purposes of clarification, however, we
did revise the definition of escorted
vessel to expressly exclude U.S. naval
vessels, as defined in § 165.2015. This
language was added to prevent any
confusion between these zones and a
Naval Vessel Protective Zone found at
33 CFR 165.2010.
Discussion of Rule
This rule places a 500-yard security
zone around all vessels that are being
escorted by a Coast Guard surface, air or
Coast Guard Auxiliary asset, or by a
local law enforcement agency during
their transit through the Fifth Coast
Guard District. Only vessels traveling at
the minimum safe speed may transit in
the 500-yard zone and no persons or
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]]>Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11546-11549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4599]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CCGD11-04-010]
RIN 1625-AA11
Regulated Navigation Area; Humboldt Bay Bar Channel and Humboldt
Bay Entrance Channel, Humboldt Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is designating the Humboldt Bay Bar Channel
and the Humboldt Bay Entrance Channel as a Regulated Navigation Area
(RNA) for certain commercial vessels transporting oil or hazardous
material as cargo. This action is necessary to reduce significant
hazards to subject vessels, the port and the public that are present
during periods of poor weather conditions. The RNA codifies existing
Captain of the Port San Francisco Bay (COTP) policies for vessels
transporting oil or certain dangerous cargoes in bulk within Humboldt
Bay.
DATES: This rule is effective from April 8, 2005 to October 11, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket [CCGD11-04-010] and are available for
inspection or copying at Coast Guard Marine Safety Office San Francisco
Bay, Coast Guard Island, Alameda, California, 94501, between 9 a.m. and
4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Doug Ebbers, Waterways
Management Branch, U.S. Coast Guard Marine Safety Office San Francisco
Bay, at (510) 437-2770.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM. Any delay in implementing
this rule would be contrary to the public interest since immediate
action is necessary to protect the maritime public and the environment
from the hazards associated with these cargoes and the extremely
dangerous marine conditions at the Humboldt Bay Bar. A separate NPRM to
make permanent the regulations in this TFR will be published to allow
public comment prior to the issuance of a final rule to make these
regulations permanent.
Background and Purpose
Because Humboldt Bay has a breaking bar, a narrow entrance channel,
and no general anchorages within the bay, transits of this area present
significant hazards to vessels carrying oil or hazardous material as
cargo. The potential hazards to the subject vessels and the
consequences of casualties involving commercial vessels carrying oil or
hazardous material as cargo warrant special procedures to reduce the
potential for a collision or grounding and the subsequent release of a
cargo covered by this regulation.
Prior to the issuance of this TFR, the COTP issued several
advisories addressing safe entry procedures for vessels transporting
cargoes of oil or other hazardous material in the Humboldt Bay area.
The most recent was a COTP Advisory put into effect in June of 1998
(COTP Advisory 01-98). This advisory included policies for when the bar
would be closed to specified vessel traffic, notice requirements,
vessel escort policies, and addressed parameters and procedures for
waiver requests. In August of 2004, representatives from the Coast
Guard Marine Safety Office San Francisco Bay met with Humboldt Bay
stakeholders to review COTP Advisory 01-98. In attendance at this
meeting were representatives from the California State Department of
Fish and Game's Office of Oil Spill Prevention and Response, Humboldt
Bay Coast Guard units, and local oil tank vessel operators. The COTP
determined that although the policies contained within the COTP
Advisory were appropriate, the policies and procedures should be
codified into Federal Regulation to clearly establish the Coast Guard's
authority to enforce them. In addition, it was decided that because
Coast Guard Group Humboldt Bay is located near the Humboldt Bay Bar,
the Group Commander would be better equipped to make timely judgments
on bar conditions and to enforce this regulated navigation area.
Therefore, the authority to enforce this regulated navigation is being
delegated to the Commanding Officer of Group Humboldt Bay.
In this particular rulemaking, the Coast Guard is designating an
area around the Humboldt Bay Bar as a RNA for the following purposes:
(1) To establish the Coast Guard's authority to prohibit vessels
carrying oil or hazardous material as cargo from crossing the bar
during unsafe conditions, (2) to establish waiver, notice, and vessel
escort policies, and (3) to delegate the authority for enforcing these
regulations to the Humboldt Bay Group Commander.
Discussion of Rule
This rule designates the Humboldt Bay Bar Channel and the Humboldt
Bay Entrance Channel as an RNA for the purpose of regulating vessels
transporting cargoes of oil or hazardous material. The potential
hazards associated with these products are serious enough to justify
special procedures to reduce the possibility of a collision or
grounding during periods of poor weather, which could lead to a release
of the materials covered by this regulation. The regulation helps
ensure the safety of mariners, the public, the port, and the
environment by establishing requirements and procedures regarding: (1)
Notice of intent to cross the bar, (2) when the bar would be closed to
certain vessels due to weather conditions, (3) waivers, and (4) vessel
escorts.
If the owner, master, agent, or person in charge of a vessel to
which the regulation applies wants to obtain a waiver to cross the bar
when it is closed, a waiver can be requested within 4 hours of crossing
the bar and will be considered for approval by the Group Commander, or
his designated representative, on a case-by-case basis. As a general
rule waivers will only be granted when the following conditions exist:
(1) Proper permission to cross has been received, (2) sea conditions at
the bar are less than 6 feet, (3) winds at the bar are less than 30
knots, (4) the transit will take place during daylight hours, (5) the
vessel has only a single tow or no tow, and (6) the visibility at the
bar is greater than 1,000 yards.
Deviations from the procedures and requirements of this rule are
prohibited unless specifically authorized by the Group Commander or his
designated representative. Vessels or persons violating this section
may be subject to
[[Page 11547]]
the penalties set forth in 33 U.S.C. 1232. Pursuant to 33 U.S.C. 1232,
any violation of the regulations described herein, is punishable by
civil penalties (not to exceed $32,500 per violation, where each day of
a continuing violation is a separate violation), criminal penalties
(imprisonment from 5 to 10 years and a maximum fine of $250,000) and in
rem liability against the offending vessel. Any person who violates
this section using a dangerous weapon, or who engages in conduct that
causes bodily injury or fear of imminent bodily injury to any officer
authorized to enforce this regulation also faces imprisonment from 10
to 25 years.
The Group Commander, acting as a representative of the Captain of
the Port, San Francisco Bay, will enforce this regulation and has the
authority to take steps necessary to ensure the safe transit of vessels
in Humboldt Bay. The Group Commander can enlist the aid and cooperation
of any Federal, State, county, and municipal agency to assist in the
enforcement of the regulation.
Regulatory Evaluation
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 Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The effect of this regulation is not significant for the following
reasons: (1) Very few vessels carrying oil or hazardous material as
cargo transit the Humboldt Bay area, and (2) those vessels carrying oil
or hazardous material as cargo have been complying with the COTP
advisories that established the same procedures that are being
established by this regulation. Therefore, this rule is a continuation
of the already established policy of monitoring the entrance and
departure of the above-mentioned vessels. In addition, vessels will
continue to be allowed to enter on a case-by-case basis with prior
permission of the Group Commander, or his designated representative.
Small Entities
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 is
not expected to have a significant economic impact on a substantial
number of small entities. The effect of this rule on small entities
will not be significant for the following reasons: (1) Very few vessels
carrying oil or hazardous material as cargo transit the Humboldt Bay
area, and (2) those vessels carrying oil or hazardous material as cargo
have been complying with the COTP advisories that established the same
procedures that are being established by this regulation. Currently,
the only entity that would be routinely subject to this regulation is
an oil barge that makes twice-weekly transits of the Humboldt Bay Bar.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions, options
for compliance, or assistance in understanding this rule, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect
[[Page 11548]]
on the supply, distribution, or use of energy. The Administrator of the
Office of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because we are establishing a RNA.
A final ``Environmental Analysis Checklist'' and a final
``Categorical Exclusion Determination'' will be available for review in
the docket indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Temporarily add Sec. 165.T11-004, to read as follows:
Sec. 165.T11-004 Regulated Navigation Area; Humboldt Bay Bar Channel
and Humboldt Bay Entrance Channel, Humboldt Bay, California.
(a) Location. The Regulated Navigation Area (RNA) includes all
navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay
Entrance Channel, Humboldt Bay, California.
(b) Definitions. As used in this section--
COTP means the Captain of the Port as defined in 33 CFR 1.01-30 and
3.55-20.
Group means Coast Guard Group Humboldt Bay.
Group Commander means the Commanding Officer of Coast Guard Group
Humboldt Bay.
Hazardous Material means any of the materials or substances listed
in 46 CFR 153.40.
Humboldt Bay Area means the area described in the location section
of this regulation.
Oil means oil of any kind or in any form, including but not limited
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil.
Station means Coast Guard Station Humboldt Bay.
Tank Vessel means any vessel that is constructed or adapted to
carry, or that carries, oil or hazardous material in bulk as cargo or
cargo residue.
(c) Applicability. These regulations apply to the owners and
operators of tank vessels transporting oil or hazardous material as
cargo within the Humboldt Bay Area.
(d) Regulations.
(1) In addition to the arrival and departure notification
requirements listed in 33 CFR 160, Ports and Waterways Safety--General,
Subpart C--Notifications of ``Arrivals, Departures, Hazardous
Conditions, and Certain Dangerous Cargoes'', the owner, master, agent
or person in charge of a vessel to which this notice applies shall
obtain permission to cross within four hours of crossing the Humboldt
Bay Bar. Between 6:30 a.m. and 10 p.m., notification/requests for
permission can be made to Station Humboldt Bay on VHF-FM Channel 16, or
at (707) 443-2213. If between 10 p.m. and 6:30 a.m., or if unable to
reach the Station, notification/requests for permission can be made
directly to Group Humboldt Bay on VHF-FM Channel 16 or at (707) 839-
6113.
(2) Permission for a bar crossing by vessels or towing vessels and
their tows to which this regulation applies is dependant on
environmental and safety factors, including but not limited to: Sea
state, winds, visibility, size and type of vessel or tow, wave period,
time of day/night, and tidal currents. The final decision to close the
bar rests with Humboldt Bay Group Commander or his designated
representative. At a minimum, Humboldt Bay Bar Channel crossings by
vessels subject to this advisory will generally not be permitted unless
all of the following conditions exist: Proper permission to cross has
been received, sea conditions at the bar are less than 6 feet, winds at
the bar are less than 30 knots, the transit will take place during
daylight hours, the vessel has only a single tow or no tow, the
visibility at the bar is greater than 1,000 yards, and the vessel and
tow are in proper operating condition.
(3) If the bar is closed to vessels to which this regulation
applies, waiver requests will be accepted within four hours of crossing
the entrance channel. If the waiver request is made between 6:30 a.m.
and 10 p.m., the request should be made to Station Humboldt Bay on VHF-
FM Channel 16, or at (707) 443-2213. If between 10 p.m. and 6:30 a.m.,
or if unable to reach the Station, the request can be made directly to
Group Humboldt Bay on VHF-FM Channel 16 or at (707) 839-6113. Waiver
requests must be made by the vessel master and must provide the
following: A description of the proposed operation, the conditions for
which the waiver is requested, the reasons for requesting the waiver,
the reasons that the requester believes the proposed operation can be
accomplished safely, and a callback phone number. The Station or Group
Watchstander receiving the request will brief the Officer in Charge of
the Station who will then brief the Group Commander. The authority to
grant waivers rests with the Group Commander or his designated
representative.
(4) In addition to the above requirements, vessels transporting
liquefied hazardous gasses or compressed hazardous gasses in bulk as
cargo into or out of Humboldt Bay are required to be aided by two
assist tugs. If the vessel carrying the gasses is towed, the tow tug
requirement is in addition to the towing tug. The assist tugs shall
escort the vessel through its transit and must be stationed so as to
provide immediate assistance in response to the loss of power or
steering of the cargo vessel, its towing tug, or loss of control over
the tow.
[[Page 11549]]
(5) Vessels to which this regulation applies may be required by the
Group Commander or his designated representative to be escorted by a
Coast Guard vessel during their transit. In addition, if a vessel
master, agent, or pilot has concerns about the safety of a vessel's
transit through the Humboldt Bay Entrance Channel, a Coast Guard escort
may be requested. Requests for an escort should be directed to Station
on VHF-FM channel 16 or at (707) 443-2213 between 6:30 a.m. and 10
p.m., or to Group on VHF-FM channel 16 or at (707) 839-6113 if between
10 p.m. and 6:30 a.m.
(e) Enforcement. Acting as a representative of the Captain of the
Port, the Humboldt Bay Group Commander will enforce this regulation and
has the authority to take steps necessary to ensure the safe transit of
vessels in Humboldt Bay. The Group Commander can enlist the aid and
cooperation of any Federal, State, county, and municipal agency to
assist in the enforcement of the regulation. All persons and vessels
shall comply with the instructions of the Group Commander or the
designated on-scene patrol personnel. Patrol personnel comprise
commissioned, warrant, and petty officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary, local, State, and Federal law
enforcement vessels. Upon being hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
(f) Effective Period. This rule is effective from April 8, 2005 to
October 11, 2005.
Dated: February 28, 2005.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, District Commander, Eleventh Coast
Guard District.
[FR Doc. 05-4599 Filed 3-8-05; 8:45 am]
BILLING CODE 4910-15-P
