Emergency Safety Zone; Humboldt Bay Bar Entrance Closure for Piloted Vessels, Humboldt Bay, Eureka, CA, 7507-7509 [2021-01993]

Download as PDF Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations request to meet the requester’s needs at a lower cost. (3) When a requester has previously failed to pay a properly charged FOIA fee to the CPSC within 30 calendar days of the date of billing, the FOIA Office may notify the requester that the requester is required to pay the full amount owed, plus any applicable interest, and to make an advance payment of the full amount of any anticipated fee, before the FOIA Office begins to process a new request or continues processing a pending request from that requester. (4) When the CPSC FOIA Office requires advance payment, the FOIA Office will not further process the request until the required payment is made. The FOIA Office will toll the processing of the request while it notifies the requester of the advanced payment due, and the administrative time limits in § 1015.5 will begin only after the agency has received the advance payments. If the requester does not pay the advance payment within 30 calendar days from the date of the FOIA Office’s fee notice, the FOIA Office will presume that the requester is no longer interested in the records and notify the requester that the request has been closed. § 1015.20 [Amended] 10. Amend § 1015.20(a) by removing the phrase ‘‘the investigatory file exemption’’ and adding in its place the word ‘‘exemptions’’. ■ Alberta E. Mills, Secretary, Consumer Product Safety Commission. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0056 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 Anthony Solares, Waterways Management, U.S. Coast Guard; telephone (415) 399–7443, email SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations BILLING CODE 6355–01–P CFR Code of Federal Regulations COTP Captain of the Port San Francisco DHS Department of Homeland Security § Section U.S.C. United States Code DEPARTMENT OF HOMELAND SECURITY II. Background Information and Regulatory History [FR Doc. 2020–28336 Filed 1–28–21; 8:45 am] Coast Guard 33 CFR Part 165 [Docket No. USCG–2021–0056] RIN 1625–AA00 Emergency Safety Zone; Humboldt Bay Bar Entrance Closure for Piloted Vessels, Humboldt Bay, Eureka, CA khammond on DSKJM1Z7X2PROD with RULES emergency safety zone is in support of the safe navigation of piloted vessels transiting and is needed to protect life, vessels, and the maritime environment from potential hazards posed by the wreckage of a fishing vessel that sank near the Channel on January 24, 2021. The location of the wreckage is currently unknown. Due to heavy weather conditions, a proper survey of the wreckage cannot be immediately completed. Unauthorized piloted vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission from the Captain of the Port San Francisco or a designated representative. DATES: This rule is effective without actual notice from January 29, 2021 through 11:59 p.m. on February 10, 2021. For the purposes of enforcement, actual notice will be used from 12 p.m. January 26, 2021 through January 29, 2021. Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel, of Eureka, CA. This SUMMARY: VerDate Sep<11>2014 16:07 Jan 28, 2021 Jkt 253001 The Coast Guard is issuing this temporary 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. The Coast Guard received notice of the wrecked vessel and the resulting immediate need for this safety PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 7507 zone on January 24, 2021. It is impracticable to go through the full rulemaking process, including providing a reasonable comment period and considering those comments, because the Coast Guard must establish this emergency temporary safety zone by January 26, 2021. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is needed to protect personnel, vessels, and the marine environment from potential hazards within the Humboldt Bay Bar entrance created by a recently wrecked vessel. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port San Francisco has determined that potential hazards associated with a vessel marine casualty exist within the entrance of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel. This rule is needed to protect personnel and piloted vessels transiting through the potentially hazardous section of the navigable waters until the wreckage can be located and addressed. IV. Discussion of the Rule This rule establishes a temporary safety zone in navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel, of Eureka, CA from January 26, 2021 at 12:00 p.m. through February 10, 2021 at 11:59 p.m. The effect of the temporary safety zone will be to prohibit unauthorized navigation by piloted vessels within the Humboldt Bay Bar Channel while the hazards associated with a recent marine casualty exist. Except for piloted vessels authorized by the Captain of the Port or a designated representative, no piloted vessel may enter or remain in the restricted area. A ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the COTP in the enforcement of the safety zone. 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 E:\FR\FM\29JAR1.SGM 29JAR1 7508 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations 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. 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). This regulatory action determination is based on the limited duration and narrowly tailored geographic area of the safety zone, and its application only to piloted vessels. Although this rule restricts access to the water encompassed by the safety zone, the effect of this rule will not be significant because the significant majority of vessel traffic is not piloted so will not be impacted. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–23A about the zone, and the rule allows piloted vessels desiring to transit through the temporary safety zone to do so upon express permission from the COTP or the COTP’s designated representative. khammond on DSKJM1Z7X2PROD with RULES 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. While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section V.A. above, this rule will not have a significant economic impact on any vessel owner or operator. 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 VerDate Sep<11>2014 16:07 Jan 28, 2021 Jkt 253001 listed in the FOR FURTHER INFORMATION 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. CONTACT 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. 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 safety zone established to deal with an emergency situation, lasting just over two weeks, that will prohibit unauthorized entry by piloted vessels to the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. Because this safety zone is established in response to an emergency situation and is one week or longer in duration, a Record of Environmental Consideration (REC) supporting this determination will be prepared and submitted after publication of this rule, and will be made available as indicated in the ADDRESSES section of this preamble. 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, 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.T11–046 to read as follows: ■ E:\FR\FM\29JAR1.SGM 29JAR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations § 165.T11–046 Emergency Safety Zone; Humboldt Bay Bar Entrance Closure for Piloted Vessels, Humboldt Bay, Eureka, CA DEPARTMENT OF HOMELAND SECURITY (a) Location. The following area is a safety zone: All navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel, of Eureka, 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 operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, a piloted vessel may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) The safety zone is closed to all piloted vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative. (3) An operator of a piloted vessel desiring to enter or operate within the safety zone must contact the COTP or the COTP’s designated representative to obtain permission to do so. Piloted vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Piloted vessels may request permission to enter the safety zone on VHF–23A or through the 24-hour Command Center at telephone (415) 399–3547. (d) Enforcement period. This section will be enforced from January 26, 2021 at 12:00 p.m. until Febuary 10, 2021 at 11:59 p.m., or as announced via Broadcast Notice to Mariners. (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. Federal Emergency Management Agency Dated: January 26, 2021. Marie B. Byrd, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2021–01993 Filed 1–28–21; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:07 Jan 28, 2021 Jkt 253001 44 CFR Part 64 [Docket ID FEMA–2021–0003; Internal Agency Docket No. FEMA–8663] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur. Information identifying the current participation status of a community can be obtained from FEMA’s CSB available at www.fema.gov/flood-insurance/workwith-nfip/community-status-book. Please note that per Revisions to Publication Requirements for Community Eligibility Status Information Under the National Flood Insurance Program, notices such as this one for scheduled suspension will no longer be published in the Federal Register as of June 2021 but will be available at National Flood Insurance Community Status and Public Notification|FEMA.gov. Individuals without internet access will be able to contact their local floodplain management official and/or State NFIP Coordinating Office directly for assistance. SUMMARY: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Adrienne L. Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 674–1087. Details regarding updated publication requirements of community DATES: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 7509 eligibility status information under the NFIP can be found on the CSB section at www.fema.gov. The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives, new and substantially improved construction, and development in general from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with NFIP regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date listed in the third column. As of that date, flood insurance will no longer be available in the community. FEMA recognizes communities may adopt and submit the required documentation after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. Their current NFIP participation status can be verified at anytime on the CSB section at fema.gov. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the published FIRM is indicated in the fourth column of the table. No direct federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA’s initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. SUPPLEMENTARY INFORMATION: E:\FR\FM\29JAR1.SGM 29JAR1

Agencies

[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Rules and Regulations]
[Pages 7507-7509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01993]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0056]
RIN 1625-AA00


Emergency Safety Zone; Humboldt Bay Bar Entrance Closure for 
Piloted Vessels, Humboldt Bay, Eureka, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay 
Entrance Channel, of Eureka, CA. This emergency safety zone is in 
support of the safe navigation of piloted vessels transiting and is 
needed to protect life, vessels, and the maritime environment from 
potential hazards posed by the wreckage of a fishing vessel that sank 
near the Channel on January 24, 2021. The location of the wreckage is 
currently unknown. Due to heavy weather conditions, a proper survey of 
the wreckage cannot be immediately completed. Unauthorized piloted 
vessels are prohibited from entering into, transiting through, or 
remaining in the safety zone without permission from the Captain of the 
Port San Francisco or a designated representative.

DATES: This rule is effective without actual notice from January 29, 
2021 through 11:59 p.m. on February 10, 2021. For the purposes of 
enforcement, actual notice will be used from 12 p.m. January 26, 2021 
through January 29, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0056 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 Anthony Solares, Waterways Management, U.S. 
Coast Guard; telephone (415) 399-7443, email [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 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. The Coast Guard 
received notice of the wrecked vessel and the resulting immediate need 
for this safety zone on January 24, 2021. It is impracticable to go 
through the full rulemaking process, including providing a reasonable 
comment period and considering those comments, because the Coast Guard 
must establish this emergency temporary safety zone by January 26, 
2021.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards within the Humboldt Bay Bar entrance created by 
a recently wrecked vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San 
Francisco has determined that potential hazards associated with a 
vessel marine casualty exist within the entrance of the Humboldt Bay 
Bar Channel and the Humboldt Bay Entrance Channel. This rule is needed 
to protect personnel and piloted vessels transiting through the 
potentially hazardous section of the navigable waters until the 
wreckage can be located and addressed.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone in navigable waters 
of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel, 
of Eureka, CA from January 26, 2021 at 12:00 p.m. through February 10, 
2021 at 11:59 p.m. The effect of the temporary safety zone will be to 
prohibit unauthorized navigation by piloted vessels within the Humboldt 
Bay Bar Channel while the hazards associated with a recent marine 
casualty exist. Except for piloted vessels authorized by the Captain of 
the Port or a designated representative, no piloted vessel may enter or 
remain in the restricted area. A ``designated representative'' means a 
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel or a Federal, 
State, or local officer designated by or assisting the COTP in the 
enforcement of the safety zone.

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

[[Page 7508]]

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. 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).
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone, and 
its application only to piloted vessels. Although this rule restricts 
access to the water encompassed by the safety zone, the effect of this 
rule will not be significant because the significant majority of vessel 
traffic is not piloted so will not be impacted. Moreover, the Coast 
Guard will issue Broadcast Notice to Mariners via VHF-23A about the 
zone, and the rule allows piloted vessels desiring to transit through 
the temporary safety zone to do so upon express permission from the 
COTP or the COTP's 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 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.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A. above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    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.

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 
safety zone established to deal with an emergency situation, lasting 
just over two weeks, that will prohibit unauthorized entry by piloted 
vessels to the Humboldt Bay Bar Channel and the Humboldt Bay Entrance 
Channel. It is categorically excluded from further review under 
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. Because this safety zone is established in response 
to an emergency situation and is one week or longer in duration, a 
Record of Environmental Consideration (REC) supporting this 
determination will be prepared and submitted after publication of this 
rule, and will be made available as indicated in the ADDRESSES section 
of this preamble.

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, 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.T11-046 to read as follows:

[[Page 7509]]

Sec.  165.T11-046  Emergency Safety Zone; Humboldt Bay Bar Entrance 
Closure for Piloted Vessels, Humboldt Bay, Eureka, CA

    (a) Location. The following area is a safety zone: All navigable 
waters of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance 
Channel, of Eureka, 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 operating a Coast 
Guard vessel or a Federal, State, or local officer designated by or 
assisting the Captain of the Port San Francisco (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, a piloted vessel may not enter the safety zone 
described in paragraph (a) of this section unless authorized by the 
COTP or the COTP's designated representative.
    (2) The safety zone is closed to all piloted vessel traffic, except 
as may be permitted by the COTP or the COTP's designated 
representative.
    (3) An operator of a piloted vessel desiring to enter or operate 
within the safety zone must contact the COTP or the COTP's designated 
representative to obtain permission to do so. Piloted vessel operators 
given permission to enter or operate in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative. Piloted vessels may request 
permission to enter the safety zone on VHF-23A or through the 24-hour 
Command Center at telephone (415) 399-3547.
    (d) Enforcement period. This section will be enforced from January 
26, 2021 at 12:00 p.m. until Febuary 10, 2021 at 11:59 p.m., or as 
announced via Broadcast Notice to Mariners.
    (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: January 26, 2021.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-01993 Filed 1-28-21; 8:45 am]
BILLING CODE 9110-04-P