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, 62256-62258 [2018-26105]
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62256
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Dated: November 9, 2018.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the
Port New York.
email Lieutenant Emily Rowan, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7443 or email at
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2018–26187 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
I. Table of Abbreviations
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol
Commander
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–1018]
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
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing 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 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 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 (COTP) or their designated
representative.
DATES: This rule is effective without
actual notice from December 3, 2018
until March 31, 2019. For the purposes
of enforcement, actual notice will be
used from November 27, 2018 until
December 3, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–1018. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
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SUMMARY:
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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.’’ In this case, the
delay associated with rulemaking
procedures is impracticable. The Coast
Guard was informed on November 16,
2018 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 as the
primary rescue asset in each area. These
three locations include: 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. The National
Oceanic and Atmospheric
Administration’s National Weather
Service forecasts up to 25-foot breaking
seas in the area through 29 November,
2018 and expects a higher probability of
breaking seas of 20 feet or more through
December 2018 and January 2019. The
hazardous conditions associated with
these extreme environmental conditions
will occur before the rulemaking
process could be completed.
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. The Coast Guard was informed
of forecasted extreme environmental
conditions including 20 foot breaking
seas occurring near three respective
locations of California on November 16,
2018. These three locations include: The
Humboldt Bay Entrance Channel, near
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Eureka, CA, the Noyo River Entrance
Channel, near Fort Bragg, CA, and the
Crescent City Harbor Entrance Channel,
of Crescent City, CA. The hazardous
conditions associated with these
extreme environmental conditions will
occur before the rulemaking process
would be completed. Additionally, the
observed on scene conditions are equal
to, and likely to exceed, the maximum
environmental limits of the 47 foot
Motor Lifeboat employed as the primary
rescue asset in the area. Because of the
dangers posed by these extreme
environmental conditions and the
resulting limited availability of rescue
assets, these safety zones are necessary
to provide for the safety of mariners
transiting the area. For the safety
concerns noted, it is in the public
interest to have these regulations in
effect immediately.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231.
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. 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 are
effective from November 27, 2018,
through March 31, 2019.
The effect of the temporary safety
zones is to restrict navigation in the
vicinity of the Humboldt Bay Bar and
Entrance Channel, Noyo River Entrance
Channel, and Crescent City Harbor
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
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 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.
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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.
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 zone. 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 Broadcast 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
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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.
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
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62257
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
Management Directive 023–01 and
Commandant Instruction M16475.1D,
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 of limited size and duration. It is
categorically excluded from further
review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 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
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
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
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.
2. Add § 165.959 in numerical order
under the undesignated center heading
‘‘Ninth Coast Guard District’’ to read as
follows:
■
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§ 165–959 Safety zones; Humboldt Bay
Bar and Entrance, Noyo River Entrance, and
Crescent City Harbor Entrance Channel
Closures, Humboldt Bay, Eureka, CA.
(a) Location. The 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 approximate
position 39°25′41″ N, 123°48′37″ W and
extending 1,200 yards at bearing 290° T
& southern boundary of the line
originating in approximate position
39°25′38″ N, 123°48′36″ W & extending
1,200 yards at 281° T, in Fort Bragg, CA;
and
(3) The navigable waters of the
Crescent City Harbor Entrance Channel,
as defined by the area contained
seaward of the line originating in
approximate position 41°44′36″ N,
124°11′18″ W bearing 237° T and
extending out to 1 NM of the Line of
Demarcation in Crescent City, CA.
(b) Enforcement period. The zones
described in paragraph (a) of this
section will be effective from November
27, 2018 through March 31, 2019. The
zones described in paragraph (a) 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 Broadcast Notice to
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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.
(c) 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.
(d) 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 a
designated representative.
(2) The safety zones are closed to all
vessel traffic, except as may be
permitted by the COTP or a 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. Vessel
operators given permission to enter or
operate in the safety zones must comply
with all directions given to them by the
COTP or a designated representative.
Dated: November 27, 2018.
Marie B. Byrd,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2018–26105 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–1001]
RIN 1625–AA87
Security Zones; Annual Events in the
Captain of the Port Detroit Zone—
North American International Auto
Show, Detroit River, Detroit MI
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a security zone associated with the
North American International Auto
Show, Detroit River, Detroit, MI. This
security zone is intended to restrict
vessels from a portion of the Detroit
River in order to ensure the safety and
security of participants, visitors, and
public officials at the North American
International Auto Show (NAIAS),
which is being held at Cobo Hall in
downtown Detroit, MI. Vessels in close
proximity to the security zone will be
subject to increased monitoring and
boarding during the enforcement of the
security zone. No person or vessel may
enter the security zone while it is being
enforced without permission of the
Captain of the Port Detroit.
DATES: The security zone regulation
described in 33 CFR 165.915(a)(3) will
be enforced from 7 a.m. on January 14,
2019, through 11:59 p.m. on January 27,
2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email Tracy Girard, Prevention,
U.S. Coast Guard Sector Detroit, 110
Mount Elliot Street, Detroit, MI 48207;
telephone (313) 568–9564; email
Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the North American
International Auto Show, Detroit River,
Detroit, MI security zone listed in 33
CFR 165.915, Security zones; Captain of
the Port Detroit at the following dates
and times for the following event:
North American International Auto
Show, Detroit River Detroit MI. This
security zone listed in § 165.915(a)(3),
will be enforced when necessary from 7
a.m. January 14, 2019, through 11:59
p.m. January 27, 2019.
All persons and vessels shall comply
with the instructions of the Captain of
the Port Detroit or his designated onscene representative, who may be
contacted via VHF Channel 16.
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62256-62258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26105]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-1018]
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.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 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 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 (COTP) or their
designated representative.
DATES: This rule is effective without actual notice from December 3,
2018 until March 31, 2019. For the purposes of enforcement, actual
notice will be used from November 27, 2018 until December 3, 2018.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-1018. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San
Francisco; telephone (415) 399-7443 or email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol Commander
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.'' In this case, the delay associated with rulemaking
procedures is impracticable. The Coast Guard was informed on November
16, 2018 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 as the
primary rescue asset in each area. These three locations include: 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. The National Oceanic and
Atmospheric Administration's National Weather Service forecasts up to
25-foot breaking seas in the area through 29 November, 2018 and expects
a higher probability of breaking seas of 20 feet or more through
December 2018 and January 2019. The hazardous conditions associated
with these extreme environmental conditions will occur before the
rulemaking process could be completed.
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. The Coast Guard was informed of
forecasted extreme environmental conditions including 20 foot breaking
seas occurring near three respective locations of California on
November 16, 2018. These three locations include: 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. The hazardous conditions associated with these
extreme environmental conditions will occur before the rulemaking
process would be completed. Additionally, the observed on scene
conditions are equal to, and likely to exceed, the maximum
environmental limits of the 47 foot Motor Lifeboat employed as the
primary rescue asset in the area. Because of the dangers posed by these
extreme environmental conditions and the resulting limited availability
of rescue assets, these safety zones are necessary to provide for the
safety of mariners transiting the area. For the safety concerns noted,
it is in the public interest to have these regulations in effect
immediately.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. 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. 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 are
effective from November 27, 2018, through March 31, 2019.
The effect of the temporary safety zones is to restrict navigation
in the vicinity of the Humboldt Bay Bar and Entrance Channel, Noyo
River Entrance Channel, and Crescent City Harbor
[[Page 62257]]
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 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. 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 zone.
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 Broadcast 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.
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
Management Directive 023-01 and Commandant Instruction M16475.1D, 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 of limited size and duration. It is
categorically excluded from further review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 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
[[Page 62258]]
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: 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. 165.959 in numerical order under the undesignated center
heading ``Ninth Coast Guard District'' to read as follows:
Sec. 165-959 Safety zones; Humboldt Bay Bar and Entrance, Noyo River
Entrance, and Crescent City Harbor Entrance Channel Closures, Humboldt
Bay, Eureka, CA.
(a) Location. The 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 approximate position
39[deg]25'41'' N, 123[deg]48'37'' W and extending 1,200 yards at
bearing 290[deg] T & southern boundary of the line originating in
approximate position 39[deg]25'38'' N, 123[deg]48'36'' W & extending
1,200 yards at 281[deg] T, in Fort Bragg, CA; and
(3) The navigable waters 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 of the Line of Demarcation
in Crescent City, CA.
(b) Enforcement period. The zones described in paragraph (a) of
this section will be effective from November 27, 2018 through March 31,
2019. The zones described in paragraph (a) 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 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.
(c) 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.
(d) 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 a designated
representative.
(2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP or a 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. Vessel operators given permission to
enter or operate in the safety zones must comply with all directions
given to them by the COTP or a designated representative.
Dated: November 27, 2018.
Marie B. Byrd,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2018-26105 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P
