Regulated Navigation Areas; Harbor Entrances Along the Coast of Northern California, 43437-43442 [2020-14791]
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
NHRAA. OFAC is also making a number
of technical and conforming edits in
Notes 1 and 2 to § 582.201 related to this
change.
Finally, OFAC is incorporating a
general license into subpart E that was
previously posted only on OFAC’s
website. This general license, which is
being added as new § 582.509,
authorizes the U.S. government to
engage in certain activities related to
Nicaragua.
§ 582.201
Public Participation
Because the Regulations involve a
foreign affairs function, the provisions
of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective
date, as well as the provisions of
Executive Order 13771, are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Note 1 to § 582.201: The names of persons
designated pursuant to E.O. 13851, or listed
in or designated or identified pursuant to any
further Executive orders issued pursuant to
the national emergency declared in E.O.
13851, whose property and interests in
property therefore are blocked pursuant to
this section, are published in the Federal
Register and incorporated into OFAC’s
Specially Designated Nationals and Blocked
Persons List (SDN List) using the following
identifiers: For E.O. 13851: ‘‘[NICARAGUA]’’
and for any further Executive orders issued
pursuant to the national emergency declared
in E.O. 13851: Using the identifier
formulation ‘‘[NICARAGUA–E.O. [E.O.
number pursuant to which the person’s
property and interests in property are
blocked]]’’. The names of persons designated
or identified pursuant to NHRAA will be
incorporated into the SDN list with the
identifier ‘‘[NICARAGUA–NHRAA]’’. The
SDN List is accessible through the following
page on OFAC’s website: www.treasury.gov/
sdn. Additional information pertaining to the
SDN List can be found in appendix A to this
chapter. See § 582.406 concerning entities
that may not be listed on the SDN List but
whose property and interests in property are
nevertheless blocked pursuant to this section.
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
List of Subjects in 31 CFR Part 582
Administrative practice and
procedure, Banks, banking, Blocking of
assets, Nicaragua, Penalties, Reporting
and recordkeeping requirements,
Sanctions.
For the reasons set forth in the
preamble, the Department of the
Treasury’s Office of Foreign Assets
Control amends 31 CFR part 582 as
follows:
PART 582—NICARAGUA SANCTIONS
REGULATIONS
1. The authority citation for part 582
is revised to read as follows:
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■
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; 28 U.S.C.
2461 note; 50 U.S.C. 1705 note; 50 U.S.C.
1701 note; E.O. 13851, 83 FR 61505, 3 CFR,
2018 Comp., p. 884.
Subpart B—Prohibitions
■
2. Revise § 582.201 to read as follows:
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Prohibited transactions.
All transactions prohibited pursuant
to Executive Order 13851 of November
27, 2018 (E.O. 13851), or any further
Executive orders issued pursuant to the
national emergency declared in E.O.
13851, and any transactions prohibited
pursuant to the Nicaragua Human
Rights and Anticorruption Act of 2018
(Pub. L. 115–335; 50 U.S.C. 1701 note)
(NHRAA), are also prohibited pursuant
to this part.
43437
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
■
3. Add § 582.509 to read as follows:
§ 582.509 Official Business of the United
States Government
All transactions that are for the
conduct of the official business of the
United States Government by
employees, grantees, or contractors
thereof are authorized.
Subpart H—Procedures
■
4. Revise § 582.802 to read as follows:
§ 582.802 Delegation of certain authorities
by the Secretary of the Treasury.
Any action that the Secretary of the
Treasury is authorized to take pursuant
to Executive Order 13851 of November
27, 2018, and any further Executive
orders relating to the national
emergency declared therein, and any
action that the Secretary of the Treasury
is authorized to take pursuant to
Memorandum of May 24, 2019:
Delegation of Functions and Authorities
under the Nicaragua Human Rights and
Anticorruption Act of 2018, May 24,
2019 (published June 13, 2019), may be
taken by the Director of OFAC or by any
other person to whom the Secretary of
the Treasury has delegated authority so
to act.
Dated: July 13, 2020.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2020–15401 Filed 7–16–20; 8:45 am]
BILLING CODE 4810–AL–P
Note 2 to § 582.201: The International
Emergency Economic Powers Act (50 U.S.C.
1701–1706), in Section 203 (50 U.S.C. 1702),
and the NHRAA, in section 5(d)(1), authorize
the blocking of property and interests in
property of a person during the pendency of
an investigation. The names of persons
whose property and interests in property are
blocked pending investigation pursuant to
this section also are published in the Federal
Register and incorporated into the SDN List
using the following identifiers: For E.O.
13851: ‘‘[BPI–NICARAGUA]’’; for any further
Executive orders issued pursuant to the
national emergency declared in E.O. 13851:
Using the identifier formulation ‘‘[BPI–
NICARAGUA–E.O.[E.O. number pursuant to
which the person’s property and interests in
property are blocked pending
investigation]]’’; for the NHRAA: ‘‘[BPI–
NHRAA]’’.
Note 3 to § 582.201: Sections 501.806 and
501.807 of this chapter describe the
procedures to be followed by persons
seeking, respectively, the unblocking of
funds that they believe were blocked due to
mistaken identity, and administrative
reconsideration of their status as persons
whose property and interests in property are
blocked pursuant to this section.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0785]
RIN 1625–AA11
Regulated Navigation Areas; Harbor
Entrances Along the Coast of Northern
California
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing Regulated Navigation Areas
(RNAs) at the harbor bar entrances to
Crescent City Harbor, Humboldt Bay,
Noyo River, and Morro Bay. This
regulation creates additional safety
requirements for recreational and small
commercial vessels operating in these
areas during periods of hazardous
conditions, such as high wind or
SUMMARY:
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breaking surf, and establishes clear
procedures for restricting and closing
these harbor bar entrances in the event
of unsafe conditions. This regulation is
necessary to enhance mariner and vessel
safety when bar conditions exceed
certain parameters, typically when
breaking seas are projected to be 20-foot
or greater. This rulemaking prohibits
vessels from entering these areas during
unsafe conditions unless authorized by
the local Captain of the Port or a
designated representative.
DATES: This rule is effective August 17,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0785 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 Marcia Medina, Coast
Guard District 11 Waterways Office;
telephone 510–437–2978, email
marcia.a.medina@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LA–LB Los Angeles-Long Beach
OCMI Officer in Charge of Marine
Inspection
OMB Office of Management and Budget
MLB Motor Lifeboat
NAD North American Datum
NOAA National Oceanic and Atmospheric
Administration
NTSB National Transportation Safety Board
NPRM Notice of Proposed Rulemaking
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
USCG United States Coast Guard
§ Section
II. Background Information and
Regulatory History
Severe currents, wave and sea
conditions along bars on the northern
California coast have contributed to
numerous marine casualties. The
current mariner rules of the road
governing maritime traffic operating in
the vicinity of the Crescent City Harbor,
Humboldt Bay, Noyo River, and Morro
Bay Harbor bar entrances are
insufficient to enhance the safety of
mariners and vessels operating in those
areas during unsafe conditions. The
COTP (Captain of the Port) San
Francisco and COTP Los Angeles-Long
Beach (LA–LB) have issued various
navigation safety advisories and created
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numerous temporary emergency safety
zones to mitigate risk to mariners and
vessels transiting the Crescent City
Harbor, Humboldt Bay, Noyo River, and
Morro Bay Harbor entrances during
unsafe conditions.1 These emergency
safety zones included policies and
procedures for closing the bar to vessel
traffic as well as vessel escort policies
and provided parameters and
procedures for waiver requests.
Continued reliance on temporary
emergency safety zones to accomplish
the required risk mitigation, however,
does not provide consistency or
predictability of Coast Guard actions to
mariners. A COTP can issue COTP
Orders under the Ports and Waterways
Safety Act (PWSA) to direct a specific
vessel, facility, or individual in order to:
Restrict or stop vessel operations;
require specific actions to be taken;
deny a vessel further entry to port until
a deficiency is corrected; or detain a
vessel in port. COTP Orders cannot be
issued to ‘‘all vessels’’ or a class of
vessels, facilities or individuals, where
a group or class of entities is targeted,
the issuance of a rule is more
appropriate. The issuance of a
permanent regulation to create
additional safety requirements for
recreational and small commercial
vessels operating in these areas during
periods of hazardous conditions, is
inline with various Coast Guard and
National Transportation Safety Board
(NTSB) casualty investigations that have
identified a need for specific Coast
Guard regulations to mitigate risks and
enhance the safety of mariners and
vessels operating in the vicinity of bars
along the northern California coast.2
The Coast Guard solicited public
input on the potential establishment of
RNAs at these locations through the
Federal Register prior to publication of
the Notice of Proposed Rule Making
(NPRM) for this rule (83 FR 5592, Feb.
8, 2018). In addition to the Federal
Register notices, Coast Guard COTP
LA–LB and COTP San Francisco
engaged in an extensive public outreach
plan which included a press release
issued on November 12, 2019, to engage
all stakeholders in the local
communities.3 In addition, the Coast
Guard published an article in the Local
Notice to Mariners for four weeks, from
November 14, 2019 to December 11,
2019. On November 7, 2019, the Coast
1 See, e.g., 84 FR 52763, Oct. 3, 2019; and 85 FR
2643, Jan. 16, 2020.
2 See NTSB Safety Recommendation M–05–009,
available at: https://www.ntsb.gov/investigations/
AccidentReports/_layouts/ntsb.recsearch/
Recommendation.aspx?Rec=M-05-009.
3 https://content.govdelivery.com/accounts/
USDHSCG/bulletins/26ba479.
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Guard published the NPRM ‘‘Regulated
Navigation Areas; Harbor Entrances
Along the Coast of Northern California
(84 FR 60025).’’ There, we stated why
we issued the NPRM and invited
comments on our proposed regulatory
action related to this rule. During the
comment period that ended December 9,
2019, we received five comment
submissions. In addition, we received
one document submission after the
comment period ended, but we still
accepted and considered the comment.
III. Legal Authority and Need for Rule
The Eleventh District Commander has
determined that there is a need to create
additional safety requirements for
recreational and small commercial
vessels operating at the Crescent City
Harbor, Humboldt Bay, Noyo River, and
Morro Bay Harbor bar entrances during
periods of hazardous conditions, such
as high wind or breaking surf, as well
as establish clear procedures for
restricting and closing these harbor bar
entrances in the event of unsafe
conditions. This rule streamlines safety
regulations and provides predictability
for local mariners regarding the
conditions for the Coast Guard to
regulate navigation in the vicinity of
these bar entrances based on weather,
sea, tide, and river conditions. This rule
enhances mariner and vessel safety
when bar conditions exceed certain
parameters, typically when breaking
seas are projected to be 20-foot or
greater. This rulemaking prohibits
vessels from entering these areas during
unsafe conditions unless authorized by
the local COTP or a designated
representative.
The Coast Guard is creating this
rulemaking under the authority in 46
U.S.C. 70034 (previously 33 U.S.C.
1231) and Department of Homeland
Security (DHS) Delegation No.
0170.1(70). This authority has been redelegated by the Commandant to
District Commanders in accordance
with 33 CFR 1.05–1(e). Authority to
activate the RNA at Morro Bay Harbor
is delegated from the District
Commander to COTP LA–LB. The
authority to activate the RNA at
Crescent City Harbor, Humboldt Bay,
and Noyo River is delegated to COTP
San Francisco. The Designated
Representative for enforcement of this
RNA at Crescent City Harbor, Humboldt
Bay, and Noyo River will be designated
by COTP San Francisco to Commander,
Sector Humboldt Bay.
IV. Discussion of Comments, Changes,
and the Rule
During the comment period, which
ended December 9, 2019, we received
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five submissions from the public. We
received one additional submission after
the comment period ended. The Coast
Guard accepted and considered all six
submissions from the public in drafting
this final rule. A total of 7 issues were
raised by the commenters.
1. Description of the Regulated
Navigation Areas (RNAs). One
commenter stated that the Coast Guard
provided a vague depiction of the RNAs.
An amendment to the rule was made
based on this comment to simplify the
National Oceanic and Atomospheric
Administration (NOAA) charting
requirements. Each bar crossing will
now be described with latitude/
longitude geographic coordinates in
order to be plotted onto NOAA charts.
Horizontal Datum on all these
coordinates is North American Datum
(NAD) 83.
2. Definition of the term navigable
waters. One commenter was concerned
that the term ‘‘navigable waters’’ was
not defined in the regulation. The Coast
Guard did not make changes to the rule
because the term ‘‘navigable waters’’ is
defined in 33 CFR 2.36.
3. Economic effects of the rule on
small entities and local economies. Two
commenters raised concerns about
possible economic effects of the rule on
small entities and local economies.
Specifically, the commenters expressed
that the rule would put undue burden
on small commercial fishing operations
and Uninspected Passenger Vessels
engaged in recreational fishing and/or
interfere with commercial fishing
activities based on these comments.
There should not be any adverse
economic effects on small entities and
local economies, since the bar
restrictions and closures are already a
part of the regions’ economic baseline
activity. The rule is a codification of
existing standard practices. Utilizing
current weather patterns, the Coast
Guard has determined that the rule will
not increase the number of bar
restrictions or closures from past years.
After careful consideration, the Coast
Guard determined that changes to the
rule based on this comment were not
necessary.
4. Enforcement personnel. One
commenter questioned whether RNAs
were enforced only by crews on Motor
Lifeboats (MLBs). The Coast Guard has
and will continue to use all available
resources to enforce this RNA and is not
limited to MLBs. No changes to the rule
were made based on this question.
5. Person responsible for making the
determination if conditions are unsafe.
Two commenters stated their belief that
mariners should be the ones making the
determination if conditions are unsafe.
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Although the recreational and
commercial mariner might be an expert
mariner, the decision to transit a
potentially hazardous bar should not be
left solely to their discretion. There may
be unknown outside factors along with
subtle influences to contend with at the
time when making a crossing attempt.
Coast Guard personnel have the
knowledge of local conditions in
evaluating whether the go/no-go
policies developed and implemented by
vessel owners and operators are
appropriate to attain a sufficient level of
operational safety. No changes to the
rule were made based on these
comments.
6. Carriage of additional safety
equipment. One commenter was
concerned about carrying additional
safety equipment onboard vessels such
as an immersion suit instead of a life
jacket and adding jack lines, harnesses,
and safety tethers. A prudent mariner
should be familiar with, and carry
onboard, the safety equipment required
by federal and state laws. No changes to
the rule were made based on the
comment.
7. Notice to the public concerning this
rulemaking. One commenter stated their
belief that there was a lack of
communication from the Coast Guard to
the public concerning this rulemaking
action. The Coast Guard disagrees. The
agency robustly attempted to engage the
public prior to issuance of this final
rule. As discussed above in section II of
this document, the Coast Guard
solicited comments in the Federal
Register prior to issuance of the NPRM
and engaged in an extensive public
outreach plan at the local level. In
accordance with the Administrative
Procedure Act, the Coast Guard
published an NPRM soliciting public
comment on November 7, 2019. To
further advertise that the NPRM was out
and available for comment the Coast
Guard issued a press release on
November 12, 2019, requesting
comments for the rule. In addition to the
November 12th press release, the Coast
Guard published an article in the Local
Notice to Mariners for four weeks, from
November 14, 2019, to December 11,
2019. In addition, Sector LA–LB
advertised the need for comments at
their local Harbor Safety Committee/
Subcommittee meetings, with local
harbormasters, and at local marinas.
All comments received were
considered in drafting this final rule. No
comments other than those already
mentioned, however, resulted in any
changes to the rule because, although
important, they were either outside the
scope of the rule or appeared to be
based on a misunderstanding of the
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43439
rule. The Coast Guard utilized the
comments received to draft the RNA
text to be minimally disruptive to the
local community and mariners utilizing
Crescent City Harbor, Humboldt Bay,
Noyo River, and Morro Bay Harbor bar
entrances outlined in this final rule,
while acknowledging the limits of Coast
Guard rescue assets and the need for
additional safety measures.
The Coast Guard encourages mariners
having further questions about the rule
and how to comply with it to contact
the Coast Guard point of contact listed
under FOR FURTHER INFORMATION
CONTACT.
V. Regulatory Analyses
The Coast Guard 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 fact that: (1) The
regulation does not require vessel
operators affected by the regulation to
purchase additional equipment; (2) the
restriction and/or closure of the bars are
temporary and will only occur when
necessary due to unsafe conditions; (3)
the maritime public will be advised of
bar restrictions and/or closures via one
or more of the following methods:
Broadcast Notice to Mariners, local
government partners, bar warning lights
and/or publication in the Local Notice
to Mariners; and (4) vessels may be
allowed to enter the RNA when a bar
restriction and/or closure is in place on
a case-by-case basis with permission of
the COTP or a designated
representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
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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 received zero
comments from the Small Business
Administration on this rulemaking. 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 RNA at times when the
RNA has been activated. This rule will
not have a significant economic impact
on a substantial number of small entities
for the following reasons: (1) The
regulation does not require vessel
operators affected by the regulation to
purchase additional equipment; (2) the
restriction and/or closure of the bars are
temporary and will only occur when
necessary due to unsafe conditions; (3)
the maritime public will be advised of
bar restrictions and/or closures via one
or more of the following methods:
Broadcast Notice to Mariners, local
government partners, bar warning lights
and publication in the Local Notice to
Mariners; and (4) vessels may be
allowed to enter the RNA when a bar
restriction or closure is in place on a
case-by-case basis with permission of
the COTP or a designated
representative.
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 call or email 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
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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 call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
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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 RNAs
that would prohibit the transit of
maritime traffic in times of unsafe
conditions. These actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. For instructions on
locating the docket, see the ADDRESSES
section of this preamble.
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, 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;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 165.1196 to read as follows:
§ 165.1196 Regulated Navigation Areas;
Harbor Entrances along the Coast of
Northern California.
(a) Regulated navigation areas. Each
of the following areas is a regulated
navigation area (RNA):
(1) Humboldt Bay Entrance Channel:
The navigable waters enclosed by the
following coordinates:
(i) 40°45′17″ N, 124°14′10″ W (Point
A);
(ii) 40°45′56″ N, 124°15′06″ W (Point
B);
(iii) 40°46′25″ N, 124°14′30″ W (Point
C);
(iv) 40°46′04″ N, 124°13′46″ W (Point
D); and
(v) Thence back to Point A, in Eureka,
CA (NAD 83).
(2) Noyo River Entrance Channel: The
navigable waters of the Noyo River
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Entrance Channel enclosed by the
following coordinates:
(i) 39°25′36″ N, 123°48′34″ W (Point
A);
(ii) 39°25′37″ N, 123°48′38″ W (Point
B);
(iii) 39°25′42″ N, 123°48′39″ W (Point
C);
(iv) 39°25′42″ N, 123°48′32″ W (Point
D); and
(v) Thence back to Point A, in in Fort
Bragg, CA (NAD 83).
(3) Crescent City Harbor Entrance
Channel: The navigable waters of the
Crescent City Harbor Entrance Channel
enclosed by the following coordinates:
(i) 41°44′11″ N, 124°11′22″ W (Point
A);
(ii) 41°44′11″ N, 124°11′42″ W (Point
B);
(iii) 41°44′25″ N, 124°11′54″ W (Point
C);
(iv) 41°44′12″ N, 124°10′22″ W (Point
D); and
(v) Thence back to Point A, in Cresent
City, CA (NAD 83).
(4) Estero-Morro Bay Harbor Entrance
Channel: The navigable waters of the
Morro Bay Harbor Entrance Channel
enclosed by the following coordinates:
(i) 35°21′21″ N, 120°52′12″ W (Point
A);
(ii) 35°21′41″ N, 120°52′37″ W (Point
B);
(iii) 35°21′55″ N, 120°52′10″ W (Point
C);
(iv) 35°21′38″ N, 120°51′51″ W (Point
D); and
(v) Thence back to Point A, in Morro
Bay, CA (NAD 83).
(b) Definitions. For purposes of this
section:
(1) Bar closure means that the
operation of any vessel within an RNA
established in paragraph (a) of this
section has been prohibited by the Coast
Guard.
(2) Bar crossing plan (also known as
a Go/No-Go plan) means a plan,
developed by local industry, in
coordination with Coast Guard, for a bar
within an RNA established in paragraph
(a) of this section and adopted by the
master or operator of a small passenger
vessel or commercial fishing vessel to
guide his or her vessel’s operations on
and in the vicinity of that bar.
(3) Bar restriction means that
operation of a recreational, uninspected
passenger, small passenger, and
commercial fishing vessel within an
RNA established in paragraph (a) of this
section has been prohibited by the Coast
Guard.
(4) Commercial fishing industry vessel
means a fishing vessel, fish tender
vessel, or a fish processing vessel.
(5) COTP designated representative
means any Coast Guard commissioned
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officer, warrant officer, petty officer or
civilian that has been authorized by the
Captain of the Port (COTP) to act on his
or her behalf in the enforcement of the
RNA.
(6) Fish processing vessel means a
vessel that commercially prepares fish
or fish products other than by gutting,
decapitating, gilling, skinning,
shucking, icing, freezing, or brine
chilling.
(7) Fish tender vessel means a vessel
that commercially supplies, stores,
refrigerates, or transports fish, fish
products, or materials directly related to
fishing or the preparation of fish to or
from a fishing, fish processing, fish
tender vessel or a fish processing
facility.
(8) Fishing vessel means a vessel that
commercially engages in the catching,
taking, or harvesting of fish or an
activity that can reasonably be expected
to result in the catching, taking, or
harvesting of fish.
(9) Operator means a person who is
an owner, a demise charterer, or other
contractor, who conducts the operation
of, or who is responsible for the
operation of a vessel.
(10) Readily accessible means
equipment that is taken out of stowage
and is available within the same space
as any person for immediate use during
an emergency.
(11) Recreational vessel means any
vessel manufactured or used primarily
for non-commercial use or leased,
rented, or chartered to another for noncommercial use. It does not include a
vessel engaged in carrying paying
passengers.
(12) Small passenger vessel means a
vessel inspected under 46 CFR
subchapter T or 46 CFR subchapter K.
(13) Uninspected passenger vessel
means an uninspected vessel—
(i) Of at least 100 gross tons;
(A) Carrying not more than 12
passengers, including at least one
passenger-for-hire; or
(B) That is chartered with the crew
provided or specified by the owner or
the owner’s representative and carrying
not more than 12 passengers; or
(ii) Of less than 100 gross tons;
(A) Carrying not more than six
passengers, including at least one
passenger-for-hire; or
(B) That is chartered with the crew
provided or specified by the owner or
the owner’s representative and carrying
not more than six passengers.
(14) Unsafe condition exists when the
wave height within an RNA identified
in paragraph (a) of this section is equal
to or greater than the maximum wave
height determined by the formula L/10
+ F = W where:
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Fmt 4700
Sfmt 4700
43441
L = Overall length of a vessel measured in
feet in a straight horizontal line along
and parallel with the centerline between
the intersections of this line with the
vertical planes of the stem and stern
profiles excluding deckhouses and
equipment.
F = The minimum freeboard when measured
in feet from the lowest point along the
upper strake edge to the surface of the
water.
W = Maximum wave height in feet to the
nearest highest whole number.
(c) Regulations. (1)(i) Bar restrictions.
The COTP or a designated
representative will determine when to
restrict passage for recreational and
uninspected passenger vessels across
the bars located in the RNAs established
in paragraph (a) of this section. In
making this determination, the COTP or
a designated representative will
determine whether an unsafe condition
exists for such vessels as defined in
paragraph (b) of this section.
Additionally, the COTP or a designated
representative will use his or her
professional maritime experience and
knowledge of local environmental
conditions in making his or her
determination. Factors that will be
considered include, but are not limited
to: Size and type of vessel, sea state,
winds, wave period, and tidal currents.
When a bar is restricted, the operation
of recreational and uninspected
passenger vessels in the RNA
established in paragraph (a) of this
section in which the restricted bar is
located is prohibited unless specifically
authorized by the COTP or a designated
representative.
(ii) Bar closure. The bars located in
the RNAs established in paragraph (a) of
this section will be closed to all vessels
whenever environmental conditions
exceed the operational limitations of the
relevant Coast Guard Search and Rescue
resources as determined by the COTP.
When a bar is closed, the operation of
any vessel in the RNA established in
paragraph (a) of this section in which
the closed bar is located, is prohibited
unless specifically authorized by the
COTP or a designated representative.
For bars having deep draft vessel access,
the COTP will consult with the local
pilots association, when practicable,
prior to closing the affected bar.
(iii) Notification. The Coast Guard
will notify the public of bar restrictions
and bar closures via a Broadcast Notice
to Mariners on VHF–FM Channel 16
and 22A. Additionally, Coast Guard
personnel may be on-scene to advise the
public of any bar restrictions or
closures. In some locations, the Coast
Guard may use bar warning lights to
provide a visual indication of unsafe
conditions to the public. Monitoring
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
cameras and associated websites may
also provide mariners with additional
information in some locations.
(2) Safety requirements for
recreational vessels. The operator of any
recreational vessel operating in an RNA
established in paragraph (a) of this
section shall ensure that all persons
located in any unenclosed areas of the
recreational vessel are wearing
lifejackets and that lifejackets are
readily accessible for/to all persons
located in any enclosed area of the
recreational vessel:
(i) When crossing the bar and a bar
restriction exists or
(ii) Whenever the recreational vessel
is being towed or escorted across the
bar.
(3) Safety requirements for
uninspected passenger vessels (UPVs).
(i) The master or operator of any
uninspected passenger vessel operating
in an RNA established in paragraph (a)
of this section shall ensure that all
persons located in any unenclosed areas
of their vessel are wearing lifejackets
and that lifejackets are readily
accessible for/to all persons located in
any enclosed areas of their vessel
uninspected passenger vessel:
(A) When crossing the bar and a bar
restriction exists or
(B) Whenever the uninspected
passenger vessel is being towed or
escorted across the bar.
(ii) The master or operator of any
uninspected passenger vessel operating
in an RNA established in paragraph (a)
of this section during the conditions
described in paragraph (c)(3)(i)(A) of
this section shall contact the Coast
Guard on VHF–FM Channel 16 prior to
crossing the bar. The master or operator
shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons onboard the
vessel and
(D) Vessel destination.
(4) Safety Requirements for Small
Passenger Vessels (SPV). (i) The master
or operator of any small passenger
vessel operating in an RNA established
in paragraph (a) of this section shall
ensure that all persons located in any
unenclosed areas of the small passenger
vessel are wearing lifejackets and that
lifejackets are readily accessible for/to
all persons located in any enclosed
areas of the vessel:
(A) Whenever crossing the bar and a
bar restriction exists or
(B) Whenever their vessel is being
towed or escorted across the bar.
(ii) Small passenger vessels with bar
crossing plans that have been reviewed
by and accepted by the Officer in Charge
of Marine Inspection (OCMI) are exempt
VerDate Sep<11>2014
16:30 Jul 16, 2020
Jkt 250001
from the safety requirements described
in paragraph (c)(4)(i) of this section
during the conditions described in
paragraph (c)(4)(i)(A) of this section so
long as when crossing the bar the master
or operator ensures that all persons on
their vessel wear lifejackets in
accordance with their bar crossing plan.
If the vessel’s bar crossing plan does not
specify the conditions when the persons
on their vessel shall wear lifejackets,
however, then the master or operator
shall comply with the safety
requirements provided in paragraph
(c)(4)(i) of this section in its entirety.
(iii) The master or operator of any
small passenger vessel operating in an
RNA established in paragraph (a) of this
section during the conditions described
in paragraph (c)(4)(i)(A) of this section
shall contact the Coast Guard on VHF–
FM Channel 16 prior to crossing the bar.
The master or operator shall report the
following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons on board the
vessel and
(D) Vessel destination.
(5) Safety Requirements for
Commercial Fishing Vessels (CFV). (i)
The master or operator of any
commercial fishing vessel operating in
an RNA described in paragraph (a) of
this section shall ensure that all persons
located in any unenclosed areas of
commercial fishing vessel are wearing
lifejackets or immersion suits and that
lifejackets or immersion suits are readily
accessible for/to all persons located in
any enclosed spaces of the vessel:
(A) Whenever crossing the bar and a
bar restriction exists or
(B) Whenever the commercial fishing
vessel is being towed or escorted across
the bar.
(ii) The master or operator of any
commercial fishing vessel operating in
an RNA described in paragraph (a) of
this section during the conditions
described in paragraph (c)(5)(i)(A) of
this section shall contact the Coast
Guard on VHF–FM Channel 16 prior to
crossing the bar. The master or operator
shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons on board the
vessel and
(D) Vessel destination.
(6) Penalties. All persons and vessels
within the RNAs described in paragraph
(a) of this section shall comply with
orders of Coast Guard personnel. Coast
Guard personnel includes
commissioned, warrant, petty officers,
and civilians of the United States Coast
Guard. Any person who fails to comply
with this regulation is subject to civil
PO 00000
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penalty in accordance with 46 U.S.C.
70036.
Dated: June 30, 2020.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard District Eleven.
[FR Doc. 2020–14791 Filed 7–16–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 263
RIN 1810–AB54
[Docket ID ED–2019–OESE–0126]
Indian Education Discretionary Grant
Programs; Demonstration Grants for
Indian Children and Youth Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final regulations.
AGENCY:
The Secretary amends the
regulations that govern the
Demonstration Grants for Indian
Children and Youth Program
(Demonstration program), authorized
under title VI of the Elementary and
Secondary Education Act of 1965, as
amended (ESEA), to implement changes
to title VI resulting from the enactment
of the Every Student Succeeds Act
(ESSA). These final regulations would
update, clarify, and improve the current
regulations. These regulations also add
a new priority, and accompanying
requirements and selection criteria, for
applicants proposing to empower Tribes
and families to decide which education
services will best support their children
to succeed in college and careers.
DATES: These regulations are effective
August 17, 2020. Publication of the
control number notifies the public that
OMB has approved these information
collection requirements under the
Paperwork Reduction Act of 1995.
These regulations apply to applications
for the Demonstration program for fiscal
year (FY) 2020 and subsequent years.
FOR FURTHER INFORMATION CONTACT:
Bianca Williams, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3W237 Washington, DC 20202–
6335. Telephone: 202–453–5671. Email:
Bianca.Williams@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUMMARY:
These
regulations implement statutory changes
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43437-43442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14791]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0785]
RIN 1625-AA11
Regulated Navigation Areas; Harbor Entrances Along the Coast of
Northern California
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing Regulated Navigation Areas
(RNAs) at the harbor bar entrances to Crescent City Harbor, Humboldt
Bay, Noyo River, and Morro Bay. This regulation creates additional
safety requirements for recreational and small commercial vessels
operating in these areas during periods of hazardous conditions, such
as high wind or
[[Page 43438]]
breaking surf, and establishes clear procedures for restricting and
closing these harbor bar entrances in the event of unsafe conditions.
This regulation is necessary to enhance mariner and vessel safety when
bar conditions exceed certain parameters, typically when breaking seas
are projected to be 20-foot or greater. This rulemaking prohibits
vessels from entering these areas during unsafe conditions unless
authorized by the local Captain of the Port or a designated
representative.
DATES: This rule is effective August 17, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0785 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 Marcia Medina, Coast Guard District 11
Waterways Office; telephone 510-437-2978, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LA-LB Los Angeles-Long Beach
OCMI Officer in Charge of Marine Inspection
OMB Office of Management and Budget
MLB Motor Lifeboat
NAD North American Datum
NOAA National Oceanic and Atmospheric Administration
NTSB National Transportation Safety Board
NPRM Notice of Proposed Rulemaking
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
USCG United States Coast Guard
Sec. Section
II. Background Information and Regulatory History
Severe currents, wave and sea conditions along bars on the northern
California coast have contributed to numerous marine casualties. The
current mariner rules of the road governing maritime traffic operating
in the vicinity of the Crescent City Harbor, Humboldt Bay, Noyo River,
and Morro Bay Harbor bar entrances are insufficient to enhance the
safety of mariners and vessels operating in those areas during unsafe
conditions. The COTP (Captain of the Port) San Francisco and COTP Los
Angeles-Long Beach (LA-LB) have issued various navigation safety
advisories and created numerous temporary emergency safety zones to
mitigate risk to mariners and vessels transiting the Crescent City
Harbor, Humboldt Bay, Noyo River, and Morro Bay Harbor entrances during
unsafe conditions.\1\ These emergency safety zones included policies
and procedures for closing the bar to vessel traffic as well as vessel
escort policies and provided parameters and procedures for waiver
requests. Continued reliance on temporary emergency safety zones to
accomplish the required risk mitigation, however, does not provide
consistency or predictability of Coast Guard actions to mariners. A
COTP can issue COTP Orders under the Ports and Waterways Safety Act
(PWSA) to direct a specific vessel, facility, or individual in order
to: Restrict or stop vessel operations; require specific actions to be
taken; deny a vessel further entry to port until a deficiency is
corrected; or detain a vessel in port. COTP Orders cannot be issued to
``all vessels'' or a class of vessels, facilities or individuals, where
a group or class of entities is targeted, the issuance of a rule is
more appropriate. The issuance of a permanent regulation to create
additional safety requirements for recreational and small commercial
vessels operating in these areas during periods of hazardous
conditions, is inline with various Coast Guard and National
Transportation Safety Board (NTSB) casualty investigations that have
identified a need for specific Coast Guard regulations to mitigate
risks and enhance the safety of mariners and vessels operating in the
vicinity of bars along the northern California coast.\2\
---------------------------------------------------------------------------
\1\ See, e.g., 84 FR 52763, Oct. 3, 2019; and 85 FR 2643, Jan.
16, 2020.
\2\ See NTSB Safety Recommendation M-05-009, available at:
https://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=M-05-009.
---------------------------------------------------------------------------
The Coast Guard solicited public input on the potential
establishment of RNAs at these locations through the Federal Register
prior to publication of the Notice of Proposed Rule Making (NPRM) for
this rule (83 FR 5592, Feb. 8, 2018). In addition to the Federal
Register notices, Coast Guard COTP LA-LB and COTP San Francisco engaged
in an extensive public outreach plan which included a press release
issued on November 12, 2019, to engage all stakeholders in the local
communities.\3\ In addition, the Coast Guard published an article in
the Local Notice to Mariners for four weeks, from November 14, 2019 to
December 11, 2019. On November 7, 2019, the Coast Guard published the
NPRM ``Regulated Navigation Areas; Harbor Entrances Along the Coast of
Northern California (84 FR 60025).'' There, we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
this rule. During the comment period that ended December 9, 2019, we
received five comment submissions. In addition, we received one
document submission after the comment period ended, but we still
accepted and considered the comment.
---------------------------------------------------------------------------
\3\ https://content.govdelivery.com/accounts/USDHSCG/bulletins/26ba479.
---------------------------------------------------------------------------
III. Legal Authority and Need for Rule
The Eleventh District Commander has determined that there is a need
to create additional safety requirements for recreational and small
commercial vessels operating at the Crescent City Harbor, Humboldt Bay,
Noyo River, and Morro Bay Harbor bar entrances during periods of
hazardous conditions, such as high wind or breaking surf, as well as
establish clear procedures for restricting and closing these harbor bar
entrances in the event of unsafe conditions. This rule streamlines
safety regulations and provides predictability for local mariners
regarding the conditions for the Coast Guard to regulate navigation in
the vicinity of these bar entrances based on weather, sea, tide, and
river conditions. This rule enhances mariner and vessel safety when bar
conditions exceed certain parameters, typically when breaking seas are
projected to be 20-foot or greater. This rulemaking prohibits vessels
from entering these areas during unsafe conditions unless authorized by
the local COTP or a designated representative.
The Coast Guard is creating this rulemaking under the authority in
46 U.S.C. 70034 (previously 33 U.S.C. 1231) and Department of Homeland
Security (DHS) Delegation No. 0170.1(70). This authority has been re-
delegated by the Commandant to District Commanders in accordance with
33 CFR 1.05-1(e). Authority to activate the RNA at Morro Bay Harbor is
delegated from the District Commander to COTP LA-LB. The authority to
activate the RNA at Crescent City Harbor, Humboldt Bay, and Noyo River
is delegated to COTP San Francisco. The Designated Representative for
enforcement of this RNA at Crescent City Harbor, Humboldt Bay, and Noyo
River will be designated by COTP San Francisco to Commander, Sector
Humboldt Bay.
IV. Discussion of Comments, Changes, and the Rule
During the comment period, which ended December 9, 2019, we
received
[[Page 43439]]
five submissions from the public. We received one additional submission
after the comment period ended. The Coast Guard accepted and considered
all six submissions from the public in drafting this final rule. A
total of 7 issues were raised by the commenters.
1. Description of the Regulated Navigation Areas (RNAs). One
commenter stated that the Coast Guard provided a vague depiction of the
RNAs. An amendment to the rule was made based on this comment to
simplify the National Oceanic and Atomospheric Administration (NOAA)
charting requirements. Each bar crossing will now be described with
latitude/longitude geographic coordinates in order to be plotted onto
NOAA charts. Horizontal Datum on all these coordinates is North
American Datum (NAD) 83.
2. Definition of the term navigable waters. One commenter was
concerned that the term ``navigable waters'' was not defined in the
regulation. The Coast Guard did not make changes to the rule because
the term ``navigable waters'' is defined in 33 CFR 2.36.
3. Economic effects of the rule on small entities and local
economies. Two commenters raised concerns about possible economic
effects of the rule on small entities and local economies.
Specifically, the commenters expressed that the rule would put undue
burden on small commercial fishing operations and Uninspected Passenger
Vessels engaged in recreational fishing and/or interfere with
commercial fishing activities based on these comments. There should not
be any adverse economic effects on small entities and local economies,
since the bar restrictions and closures are already a part of the
regions' economic baseline activity. The rule is a codification of
existing standard practices. Utilizing current weather patterns, the
Coast Guard has determined that the rule will not increase the number
of bar restrictions or closures from past years. After careful
consideration, the Coast Guard determined that changes to the rule
based on this comment were not necessary.
4. Enforcement personnel. One commenter questioned whether RNAs
were enforced only by crews on Motor Lifeboats (MLBs). The Coast Guard
has and will continue to use all available resources to enforce this
RNA and is not limited to MLBs. No changes to the rule were made based
on this question.
5. Person responsible for making the determination if conditions
are unsafe. Two commenters stated their belief that mariners should be
the ones making the determination if conditions are unsafe. Although
the recreational and commercial mariner might be an expert mariner, the
decision to transit a potentially hazardous bar should not be left
solely to their discretion. There may be unknown outside factors along
with subtle influences to contend with at the time when making a
crossing attempt. Coast Guard personnel have the knowledge of local
conditions in evaluating whether the go/no-go policies developed and
implemented by vessel owners and operators are appropriate to attain a
sufficient level of operational safety. No changes to the rule were
made based on these comments.
6. Carriage of additional safety equipment. One commenter was
concerned about carrying additional safety equipment onboard vessels
such as an immersion suit instead of a life jacket and adding jack
lines, harnesses, and safety tethers. A prudent mariner should be
familiar with, and carry onboard, the safety equipment required by
federal and state laws. No changes to the rule were made based on the
comment.
7. Notice to the public concerning this rulemaking. One commenter
stated their belief that there was a lack of communication from the
Coast Guard to the public concerning this rulemaking action. The Coast
Guard disagrees. The agency robustly attempted to engage the public
prior to issuance of this final rule. As discussed above in section II
of this document, the Coast Guard solicited comments in the Federal
Register prior to issuance of the NPRM and engaged in an extensive
public outreach plan at the local level. In accordance with the
Administrative Procedure Act, the Coast Guard published an NPRM
soliciting public comment on November 7, 2019. To further advertise
that the NPRM was out and available for comment the Coast Guard issued
a press release on November 12, 2019, requesting comments for the rule.
In addition to the November 12th press release, the Coast Guard
published an article in the Local Notice to Mariners for four weeks,
from November 14, 2019, to December 11, 2019. In addition, Sector LA-LB
advertised the need for comments at their local Harbor Safety
Committee/Subcommittee meetings, with local harbormasters, and at local
marinas.
All comments received were considered in drafting this final rule.
No comments other than those already mentioned, however, resulted in
any changes to the rule because, although important, they were either
outside the scope of the rule or appeared to be based on a
misunderstanding of the rule. The Coast Guard utilized the comments
received to draft the RNA text to be minimally disruptive to the local
community and mariners utilizing Crescent City Harbor, Humboldt Bay,
Noyo River, and Morro Bay Harbor bar entrances outlined in this final
rule, while acknowledging the limits of Coast Guard rescue assets and
the need for additional safety measures.
The Coast Guard encourages mariners having further questions about
the rule and how to comply with it to contact the Coast Guard point of
contact listed under FOR FURTHER INFORMATION CONTACT.
V. Regulatory Analyses
The Coast Guard 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 fact that: (1)
The regulation does not require vessel operators affected by the
regulation to purchase additional equipment; (2) the restriction and/or
closure of the bars are temporary and will only occur when necessary
due to unsafe conditions; (3) the maritime public will be advised of
bar restrictions and/or closures via one or more of the following
methods: Broadcast Notice to Mariners, local government partners, bar
warning lights and/or publication in the Local Notice to Mariners; and
(4) vessels may be allowed to enter the RNA when a bar restriction and/
or closure is in place on a case-by-case basis with permission of the
COTP or a designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
[[Page 43440]]
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 received zero
comments from the Small Business Administration on this rulemaking. 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 RNA at times when the RNA has been activated. This rule
will not have a significant economic impact on a substantial number of
small entities for the following reasons: (1) The regulation does not
require vessel operators affected by the regulation to purchase
additional equipment; (2) the restriction and/or closure of the bars
are temporary and will only occur when necessary due to unsafe
conditions; (3) the maritime public will be advised of bar restrictions
and/or closures via one or more of the following methods: Broadcast
Notice to Mariners, local government partners, bar warning lights and
publication in the Local Notice to Mariners; and (4) vessels may be
allowed to enter the RNA when a bar restriction or closure is in place
on a case-by-case basis with permission of the COTP or a designated
representative.
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
call or email 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
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 guides 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
RNAs that would prohibit the transit of maritime traffic in times of
unsafe conditions. These actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. For instructions on locating the
docket, see the ADDRESSES section of this preamble.
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, 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; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.1196 to read as follows:
Sec. 165.1196 Regulated Navigation Areas; Harbor Entrances along the
Coast of Northern California.
(a) Regulated navigation areas. Each of the following areas is a
regulated navigation area (RNA):
(1) Humboldt Bay Entrance Channel: The navigable waters enclosed by
the following coordinates:
(i) 40[deg]45'17'' N, 124[deg]14'10'' W (Point A);
(ii) 40[deg]45'56'' N, 124[deg]15'06'' W (Point B);
(iii) 40[deg]46'25'' N, 124[deg]14'30'' W (Point C);
(iv) 40[deg]46'04'' N, 124[deg]13'46'' W (Point D); and
(v) Thence back to Point A, in Eureka, CA (NAD 83).
(2) Noyo River Entrance Channel: The navigable waters of the Noyo
River
[[Page 43441]]
Entrance Channel enclosed by the following coordinates:
(i) 39[deg]25'36'' N, 123[deg]48'34'' W (Point A);
(ii) 39[deg]25'37'' N, 123[deg]48'38'' W (Point B);
(iii) 39[deg]25'42'' N, 123[deg]48'39'' W (Point C);
(iv) 39[deg]25'42'' N, 123[deg]48'32'' W (Point D); and
(v) Thence back to Point A, in in Fort Bragg, CA (NAD 83).
(3) Crescent City Harbor Entrance Channel: The navigable waters of
the Crescent City Harbor Entrance Channel enclosed by the following
coordinates:
(i) 41[deg]44'11'' N, 124[deg]11'22'' W (Point A);
(ii) 41[deg]44'11'' N, 124[deg]11'42'' W (Point B);
(iii) 41[deg]44'25'' N, 124[deg]11'54'' W (Point C);
(iv) 41[deg]44'12'' N, 124[deg]10'22'' W (Point D); and
(v) Thence back to Point A, in Cresent City, CA (NAD 83).
(4) Estero-Morro Bay Harbor Entrance Channel: The navigable waters
of the Morro Bay Harbor Entrance Channel enclosed by the following
coordinates:
(i) 35[deg]21'21'' N, 120[deg]52'12'' W (Point A);
(ii) 35[deg]21'41'' N, 120[deg]52'37'' W (Point B);
(iii) 35[deg]21'55'' N, 120[deg]52'10'' W (Point C);
(iv) 35[deg]21'38'' N, 120[deg]51'51'' W (Point D); and
(v) Thence back to Point A, in Morro Bay, CA (NAD 83).
(b) Definitions. For purposes of this section:
(1) Bar closure means that the operation of any vessel within an
RNA established in paragraph (a) of this section has been prohibited by
the Coast Guard.
(2) Bar crossing plan (also known as a Go/No-Go plan) means a plan,
developed by local industry, in coordination with Coast Guard, for a
bar within an RNA established in paragraph (a) of this section and
adopted by the master or operator of a small passenger vessel or
commercial fishing vessel to guide his or her vessel's operations on
and in the vicinity of that bar.
(3) Bar restriction means that operation of a recreational,
uninspected passenger, small passenger, and commercial fishing vessel
within an RNA established in paragraph (a) of this section has been
prohibited by the Coast Guard.
(4) Commercial fishing industry vessel means a fishing vessel, fish
tender vessel, or a fish processing vessel.
(5) COTP designated representative means any Coast Guard
commissioned officer, warrant officer, petty officer or civilian that
has been authorized by the Captain of the Port (COTP) to act on his or
her behalf in the enforcement of the RNA.
(6) Fish processing vessel means a vessel that commercially
prepares fish or fish products other than by gutting, decapitating,
gilling, skinning, shucking, icing, freezing, or brine chilling.
(7) Fish tender vessel means a vessel that commercially supplies,
stores, refrigerates, or transports fish, fish products, or materials
directly related to fishing or the preparation of fish to or from a
fishing, fish processing, fish tender vessel or a fish processing
facility.
(8) Fishing vessel means a vessel that commercially engages in the
catching, taking, or harvesting of fish or an activity that can
reasonably be expected to result in the catching, taking, or harvesting
of fish.
(9) Operator means a person who is an owner, a demise charterer, or
other contractor, who conducts the operation of, or who is responsible
for the operation of a vessel.
(10) Readily accessible means equipment that is taken out of
stowage and is available within the same space as any person for
immediate use during an emergency.
(11) Recreational vessel means any vessel manufactured or used
primarily for non-commercial use or leased, rented, or chartered to
another for non-commercial use. It does not include a vessel engaged in
carrying paying passengers.
(12) Small passenger vessel means a vessel inspected under 46 CFR
subchapter T or 46 CFR subchapter K.
(13) Uninspected passenger vessel means an uninspected vessel--
(i) Of at least 100 gross tons;
(A) Carrying not more than 12 passengers, including at least one
passenger-for-hire; or
(B) That is chartered with the crew provided or specified by the
owner or the owner's representative and carrying not more than 12
passengers; or
(ii) Of less than 100 gross tons;
(A) Carrying not more than six passengers, including at least one
passenger-for-hire; or
(B) That is chartered with the crew provided or specified by the
owner or the owner's representative and carrying not more than six
passengers.
(14) Unsafe condition exists when the wave height within an RNA
identified in paragraph (a) of this section is equal to or greater than
the maximum wave height determined by the formula L/10 + F = W where:
L = Overall length of a vessel measured in feet in a straight
horizontal line along and parallel with the centerline between the
intersections of this line with the vertical planes of the stem and
stern profiles excluding deckhouses and equipment.
F = The minimum freeboard when measured in feet from the lowest
point along the upper strake edge to the surface of the water.
W = Maximum wave height in feet to the nearest highest whole number.
(c) Regulations. (1)(i) Bar restrictions. The COTP or a designated
representative will determine when to restrict passage for recreational
and uninspected passenger vessels across the bars located in the RNAs
established in paragraph (a) of this section. In making this
determination, the COTP or a designated representative will determine
whether an unsafe condition exists for such vessels as defined in
paragraph (b) of this section. Additionally, the COTP or a designated
representative will use his or her professional maritime experience and
knowledge of local environmental conditions in making his or her
determination. Factors that will be considered include, but are not
limited to: Size and type of vessel, sea state, winds, wave period, and
tidal currents. When a bar is restricted, the operation of recreational
and uninspected passenger vessels in the RNA established in paragraph
(a) of this section in which the restricted bar is located is
prohibited unless specifically authorized by the COTP or a designated
representative.
(ii) Bar closure. The bars located in the RNAs established in
paragraph (a) of this section will be closed to all vessels whenever
environmental conditions exceed the operational limitations of the
relevant Coast Guard Search and Rescue resources as determined by the
COTP. When a bar is closed, the operation of any vessel in the RNA
established in paragraph (a) of this section in which the closed bar is
located, is prohibited unless specifically authorized by the COTP or a
designated representative. For bars having deep draft vessel access,
the COTP will consult with the local pilots association, when
practicable, prior to closing the affected bar.
(iii) Notification. The Coast Guard will notify the public of bar
restrictions and bar closures via a Broadcast Notice to Mariners on
VHF-FM Channel 16 and 22A. Additionally, Coast Guard personnel may be
on-scene to advise the public of any bar restrictions or closures. In
some locations, the Coast Guard may use bar warning lights to provide a
visual indication of unsafe conditions to the public. Monitoring
[[Page 43442]]
cameras and associated websites may also provide mariners with
additional information in some locations.
(2) Safety requirements for recreational vessels. The operator of
any recreational vessel operating in an RNA established in paragraph
(a) of this section shall ensure that all persons located in any
unenclosed areas of the recreational vessel are wearing lifejackets and
that lifejackets are readily accessible for/to all persons located in
any enclosed area of the recreational vessel:
(i) When crossing the bar and a bar restriction exists or
(ii) Whenever the recreational vessel is being towed or escorted
across the bar.
(3) Safety requirements for uninspected passenger vessels (UPVs).
(i) The master or operator of any uninspected passenger vessel
operating in an RNA established in paragraph (a) of this section shall
ensure that all persons located in any unenclosed areas of their vessel
are wearing lifejackets and that lifejackets are readily accessible
for/to all persons located in any enclosed areas of their vessel
uninspected passenger vessel:
(A) When crossing the bar and a bar restriction exists or
(B) Whenever the uninspected passenger vessel is being towed or
escorted across the bar.
(ii) The master or operator of any uninspected passenger vessel
operating in an RNA established in paragraph (a) of this section during
the conditions described in paragraph (c)(3)(i)(A) of this section
shall contact the Coast Guard on VHF-FM Channel 16 prior to crossing
the bar. The master or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons onboard the vessel and
(D) Vessel destination.
(4) Safety Requirements for Small Passenger Vessels (SPV). (i) The
master or operator of any small passenger vessel operating in an RNA
established in paragraph (a) of this section shall ensure that all
persons located in any unenclosed areas of the small passenger vessel
are wearing lifejackets and that lifejackets are readily accessible
for/to all persons located in any enclosed areas of the vessel:
(A) Whenever crossing the bar and a bar restriction exists or
(B) Whenever their vessel is being towed or escorted across the
bar.
(ii) Small passenger vessels with bar crossing plans that have been
reviewed by and accepted by the Officer in Charge of Marine Inspection
(OCMI) are exempt from the safety requirements described in paragraph
(c)(4)(i) of this section during the conditions described in paragraph
(c)(4)(i)(A) of this section so long as when crossing the bar the
master or operator ensures that all persons on their vessel wear
lifejackets in accordance with their bar crossing plan. If the vessel's
bar crossing plan does not specify the conditions when the persons on
their vessel shall wear lifejackets, however, then the master or
operator shall comply with the safety requirements provided in
paragraph (c)(4)(i) of this section in its entirety.
(iii) The master or operator of any small passenger vessel
operating in an RNA established in paragraph (a) of this section during
the conditions described in paragraph (c)(4)(i)(A) of this section
shall contact the Coast Guard on VHF-FM Channel 16 prior to crossing
the bar. The master or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons on board the vessel and
(D) Vessel destination.
(5) Safety Requirements for Commercial Fishing Vessels (CFV). (i)
The master or operator of any commercial fishing vessel operating in an
RNA described in paragraph (a) of this section shall ensure that all
persons located in any unenclosed areas of commercial fishing vessel
are wearing lifejackets or immersion suits and that lifejackets or
immersion suits are readily accessible for/to all persons located in
any enclosed spaces of the vessel:
(A) Whenever crossing the bar and a bar restriction exists or
(B) Whenever the commercial fishing vessel is being towed or
escorted across the bar.
(ii) The master or operator of any commercial fishing vessel
operating in an RNA described in paragraph (a) of this section during
the conditions described in paragraph (c)(5)(i)(A) of this section
shall contact the Coast Guard on VHF-FM Channel 16 prior to crossing
the bar. The master or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons on board the vessel and
(D) Vessel destination.
(6) Penalties. All persons and vessels within the RNAs described in
paragraph (a) of this section shall comply with orders of Coast Guard
personnel. Coast Guard personnel includes commissioned, warrant, petty
officers, and civilians of the United States Coast Guard. Any person
who fails to comply with this regulation is subject to civil penalty in
accordance with 46 U.S.C. 70036.
Dated: June 30, 2020.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard District Eleven.
[FR Doc. 2020-14791 Filed 7-16-20; 8:45 am]
BILLING CODE 9110-04-P
