[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62256-62258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-1018]
RIN 1625-AA00


Safety Zones; Humboldt Bay Bar and Entrance Channel, Eureka, CA, 
Noyo River Entrance Channel, Ft. Bragg, CA, and Crescent City Harbor 
Entrance Channel, Crescent City, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of the Humboldt Bay Bar and Entrance Channel, of 
Eureka, CA, Noyo River Entrance Channel, of Fort Bragg, CA, and 
Crescent City Harbor Entrance Channel, of Crescent City, CA to 
safeguard navigation safety during extreme environmental conditions. 
These safety zones are established to protect the safety of vessels 
transiting the areas from the dangers associated with extreme breaking 
surf and high wind conditions occurring in the Humboldt Bay Bar and 
Entrance Channel, Noyo River Entrance Channel, and Crescent City Harbor 
Entrance Channel. Unauthorized persons or vessels are prohibited from 
entering into, transiting through, or remaining in the safety zones 
without permission of the Captain of the Port (COTP) or their 
designated representative.

DATES: This rule is effective without actual notice from December 3, 
2018 until March 31, 2019. For the purposes of enforcement, actual 
notice will be used from November 27, 2018 until December 3, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-1018. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443 or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' In this case, the delay associated with rulemaking 
procedures is impracticable. The Coast Guard was informed on November 
16, 2018 of forecasted extreme environmental conditions occurring near 
three respective locations of California likely to exceed the maximum 
environmental limits of the 47-foot Motor Lifeboat employed as the 
primary rescue asset in each area. These three locations include: The 
Humboldt Bay Bar and Entrance Channel, near Eureka, CA, the Noyo River 
Entrance Channel, near Fort Bragg, CA, and the Crescent City Harbor 
Entrance Channel, of Crescent City, CA. The National Oceanic and 
Atmospheric Administration's National Weather Service forecasts up to 
25-foot breaking seas in the area through 29 November, 2018 and expects 
a higher probability of breaking seas of 20 feet or more through 
December 2018 and January 2019. The hazardous conditions associated 
with these extreme environmental conditions will occur before the 
rulemaking process could be completed.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The Coast Guard was informed of 
forecasted extreme environmental conditions including 20 foot breaking 
seas occurring near three respective locations of California on 
November 16, 2018. These three locations include: The Humboldt Bay 
Entrance Channel, near Eureka, CA, the Noyo River Entrance Channel, 
near Fort Bragg, CA, and the Crescent City Harbor Entrance Channel, of 
Crescent City, CA. The hazardous conditions associated with these 
extreme environmental conditions will occur before the rulemaking 
process would be completed. Additionally, the observed on scene 
conditions are equal to, and likely to exceed, the maximum 
environmental limits of the 47 foot Motor Lifeboat employed as the 
primary rescue asset in the area. Because of the dangers posed by these 
extreme environmental conditions and the resulting limited availability 
of rescue assets, these safety zones are necessary to provide for the 
safety of mariners transiting the area. For the safety concerns noted, 
it is in the public interest to have these regulations in effect 
immediately.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. Notable hazards associated with the extreme environmental 
conditions have been observed in the Humboldt Bay Bar and Entrance 
Channel near Eureka, CA, the Noyo River Entrance Channel, near Fort 
Bragg, CA, and the Crescent City Harbor Entrance Channel, of Crescent 
City, CA. These safety zones establish temporary restricted areas on 
the navigable waters of the Humboldt Bay Bar and Entrance Channel near 
Eureka, CA, the Noyo River Entrance Channel, near Fort Bragg, CA, and 
the Crescent City Harbor Entrance Channel, of Crescent City, CA. These 
restricted areas are necessary to mitigate the risks associated with 
vessels transiting the area while extreme environmental conditions 
exist on scene.

IV. Discussion of the Rule

    The Coast Guard will enforce, independent of each other, three 
respective safety zones in the navigable waters of the Humboldt Bay Bar 
and Entrance Channel near Eureka, CA, the Noyo River Entrance Channel, 
near Fort Bragg, CA, and the Crescent City Harbor Entrance Channel, of 
Crescent City, CA, when the COTP determines that the on scene 
conditions are hazardous and unsafe for vessel transits, typically 
expected to be 20 foot breaking seas at each location. Enforcement will 
be announced via Broadcast Notice to Mariners. These safety zones are 
effective from November 27, 2018, through March 31, 2019.
    The effect of the temporary safety zones is to restrict navigation 
in the vicinity of the Humboldt Bay Bar and Entrance Channel, Noyo 
River Entrance Channel, and Crescent City Harbor

[[Page 62257]]

Entrance Channel while the hazardous conditions associated with extreme 
environmental conditions exist, and until the Coast Guard deems the 
safety zone is no longer needed. Except for persons or vessels 
authorized by the COTP, no person or vessel may enter or remain in the 
restricted areas during times of enforcement. These regulated areas are 
needed to keep vessels away from the immediate vicinity of the 
hazardous conditions associated to ensure the safety of transiting 
vessels in each respective area.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified via public Broadcast Notice 
to Mariners to ensure the safety zone will result in minimum impact. 
The entities most likely to be affected are waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: Owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time while hazardous conditions exist, and (ii) the maritime public 
will be advised in advance of this safety zone via Broadcast Notice to 
Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone of limited size and duration. It is 
categorically excluded from further review under Categorical Exclusion 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to

[[Page 62258]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.959 in numerical order under the undesignated center 
heading ``Ninth Coast Guard District'' to read as follows:


Sec.  165-959  Safety zones; Humboldt Bay Bar and Entrance, Noyo River 
Entrance, and Crescent City Harbor Entrance Channel Closures, Humboldt 
Bay, Eureka, CA.

    (a) Location. The safety zones are established in:
    (1) The navigable waters of the Humboldt Bay Bar Channel and the 
Humboldt Bay Entrance Channel, of Humboldt Bay, CA;
    (2) The navigable waters of the Noyo River Entrance Channel as 
defined by the Area contained seaward of the Line of Demarcation with 
northern boundary of the line originating in approximate position 
39[deg]25'41'' N, 123[deg]48'37'' W and extending 1,200 yards at 
bearing 290[deg] T & southern boundary of the line originating in 
approximate position 39[deg]25'38'' N, 123[deg]48'36'' W & extending 
1,200 yards at 281[deg] T, in Fort Bragg, CA; and
    (3) The navigable waters of the Crescent City Harbor Entrance 
Channel, as defined by the area contained seaward of the line 
originating in approximate position 41[deg]44'36'' N, 124[deg]11'18'' W 
bearing 237[deg] T and extending out to 1 NM of the Line of Demarcation 
in Crescent City, CA.
    (b) Enforcement period. The zones described in paragraph (a) of 
this section will be effective from November 27, 2018 through March 31, 
2019. The zones described in paragraph (a) will be enforced when the 
COTP determines that the on scene conditions are hazardous and unsafe 
for vessel transits, typically expected to be 20 foot breaking seas at 
each location. Enforcement will be announced via Broadcast Notice to 
Mariners. The COTP will notify the maritime community of periods during 
which these zones will respectively be enforced via Broadcast Notice to 
Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or at a Coast Guard unit or a Federal, State, or local officer 
designated by or assisting the COTP in the enforcement of the safety 
zones.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within these safety 
zones are prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zones are closed to all vessel traffic, except as 
may be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the 
Humboldt Bay Entrance Channel or Crescent City Harbor Entrance Channel 
safety zones during times of enforcement shall contact Station Humboldt 
Bay on VHF-FM channel 16 or at (707) 443-2213 between 6:30 a.m. and 10 
p.m., or to Sector Humboldt Bay on VHF-FM channel 16 or at (707) 839-
6113 if between 10 p.m. and 6:30 a.m. Vessel operators desiring to 
enter or operate within the Noyo River Entrance Channel safety zone 
during times of enforcement shall contact Station Noyo River on VHF-FM 
channel 16 or at (707) 964-6611 between 6:30 a.m. and 10 p.m., or to 
Sector Humboldt Bay on VHF-FM channel 16 or at (707) 839-6113 if 
between 10 p.m. and 6:30 a.m. Vessel operators given permission to 
enter or operate in the safety zones must comply with all directions 
given to them by the COTP or a designated representative.

    Dated: November 27, 2018.
Marie B. Byrd,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco.
[FR Doc. 2018-26105 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P


