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, 5131-5134 [2020-00657]
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Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
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 call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
see the ADDRESSES section of this
preamble.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
■
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary security zone lasting
approximately eight days that would
prohibit vessels from stopping or
anchoring within the zone. Normally
such actions are categorically excluded
from further review under paragraph
L60(a) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(2) Persons who must notify or
request authorization from the COTP
may do so by telephone at (305) 535–
4472, or may contact a designated
representative via VHF radio on channel
16.
(3) If authorization to anchor, or
remain within the security zone is
granted by the COTP or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP or the designated representative.
(d) Enforcement Period. This rule will
be enforced from 8 a.m. on January 26,
2020 through 8 a.m. on February 3,
2020.
Dated: January 10, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2020–01287 Filed 1–28–20; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Coast Guard
2. Add § 165.T07–0830 to read as
follows:
[Docket No. USCG–2019–0956]
■
§ 165.T07–0830 Security Zone; Super Bowl
2020, Bayfront Park, Miami, FL
(a) Regulated Areas. The following is
a temporary security zone:
(1) All waters of Biscayne Bay within
the following points: Beginning at Point
1 in position 25°47′13″ N, 80°11′6″ W;
thence east to Point 2 in position
25°47′13″ N, 80°10′48″ W; thence south
to Point 3 in position 25°46′11″ N,
80°10′48″ W; thence west to Point 4 in
position 25°46′11″ N, 80°11′27″ W;
thence north to Point 5 in position
25°46′15″ N, 80°11′27″ W; thence east to
Point 6 in position 25°46′15″ N, 80°11′6″
W; thence back to origin at Point 1.
(b) Definition. The term designated
representative means Coast Guard Patrol
Commanders, including Coast Guard
coxswains, petty officers, and other
officers operating Coast Guard vessels,
and Federal, state, and local officers
designated by or assisting the COTP in
the enforcement of the security zone.
(c) Regulations. (1) All persons and
vessels are required to transit the
security zone at a steady speed and may
not slow down, stop, or anchor except
in the case of unforeseen mechanical
failure or other emergency. Any persons
or vessels forced to slow or stop in the
zone shall immediately notify the COTP
via VHF channel 16.
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5131
33 CFR Part 165
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.
Temporary final rule.
AGENCY:
ACTION:
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.
SUMMARY:
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Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
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 SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
§ 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
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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
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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
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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
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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
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5133
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
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;
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Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–014 to read as
follows:
■
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§ 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°25′41″ N, 123°48′37″ W and
extending 1200 yards at bearing 290° T,
and southern boundary of the line
originating in approximate position
39°25′38″ N, 123°48′36″ W and
extending 1200 yards at 281° 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°44′36″ N, 124°11′18″W bearing 237°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–
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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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0606]
RIN 1625–AA00
Safety Zone; North Washington Street
Bridge Replacement Project—Charles
River, Boston, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters within 100 yards of
the North Washington Street Bridge,
Charles River, Boston, Massachusetts,
from February 1, 2020 through
December 31, 2023. The temporary
safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created during the replacement project
of the North Washington Street Bridge.
SUMMARY:
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When enforced, this rule would prohibit
vessels and persons from being in the
safety zone unless authorized by the
Captain of the Port (COTP) Boston or a
designated representative.
DATES: This rule is effective from
February 1, 2020, through December 31,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to the Federal
eRulemaking Portal at https://
www.regulations.gov. Type USCG–
2019–0606 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 about this
rulemaking, call or email Mark Cutter,
Waterways Management Division, U.S.
Coast Guard Sector Boston; telephone
617–223–4000, email mark.e.cutter@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MBTA Massachusetts Bay Transportation
Authority
NPRM Notice of proposed rulemaking
NAD 83 North American Datum 1983
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
Massachusetts Department of
Transportation (MassDOT) notified
Sector Boston that there would be times
in which the navigable channels
underneath the North Washington Street
Bridge, Charles River, Boston,
Massachusetts, will need to be closed
for the removal of the old bridge spans,
demolition of the swing span pier
foundation, construction of the
abutment, and replacement of the span.
The exact times are currently unknown.
However, every effort is being made by
MassDOT and the contractor to
schedule these closures during the
winter months when the Charles River
is iced over or during the fall and spring
when boating traffic is minimal.
In response, on September 4, 2019,
the Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone, North Washington Street
Bridge Replacement Project—Charles
River, Boston, MA (84 FR 46498—
46501). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this safety zone. During the comment
period that ended on October 4, 2019,
E:\FR\FM\29JAR1.SGM
29JAR1
]]>Agencies
[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
