[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39535-39537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17655]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0699]
RIN 1625-AA00


Safety Zone: PG&E Evolution, King Salmon, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Humboldt Bay in King Salmon, CA in support of the 
Pacific Gas and Electric Evolution that will be effective on August 2, 
2017 and on August 30, 2017. This safety zone is established to ensure 
the safety of workers, mariners, and other vessels transiting the area 
from the dangers associated with this evolution. Unauthorized persons 
or vessels are prohibited from entering into, transiting through, or 
remaining in the safety zone without permission of the Captain of the 
Port or their designated representative.

DATES: This rule is effective without actual notice from August 21, 
2017 until August 30, 2017. For the purposes of enforcement, actual 
notice will be used from August 2, 2017, until August 21, 2017.
    This rule is being enforced from 8 a.m. to 4 p.m. on August 2, 2017 
and from 8 a.m. to 4 p.m. on August 30, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2017-0699. To view these documents 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 Marcia Medina, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443 or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedures Act
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NAD North American Datum of 1983
NPRM Notice of Proposed Rulemaking
PG&E Pacific Gas & Electric
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Due to the date of the event, notice and comment procedures 
would be impracticable in this instance.
    For similar reasons as those stated above, 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.

III. Legal Authority and Need for Rule

    The legal basis for the proposed rule is 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, which collectively authorize the Coast 
Guard to establish safety zones.
    The Pacific Gas and Electric Company will sponsor the Pacific Gas 
and Electric Evolution on August 2, 2017 and on August 30, 2017, in the 
navigable waters of Humboldt Bay in King Salmon, CA. The evolution is 
necessary to complete an inspection and for re-licensing purposes. The 
evolution is scheduled to take place on August 2, 2017 and on

[[Page 39536]]

August 30, 2017. The Coast Guard believes that a safety zone is 
necessary to provide for the safety of workers, mariners, and other 
vessels transiting the area due to the danger posed by the inspection 
of the dynamic fuel storage installation. This restricted area will 
apply to all vessels transiting the specified area.

IV. Discussion of the Rule

    For the reasons stated above, the Coast Guard is establishing a 
safety zone for the duration of the event. Upon commencement of the 
evolution, the safety zone will encompass the navigable waters of 
Humboldt Bay within a 300 meter radius of position: 40[deg]44'31'' N., 
124[deg]12'39'' W. (NAD83). The safety zone is issued to establish a 
temporary restricted area on the waters surrounding the evolution. The 
Coast Guard or a designated representative will enforce a safety zone 
in navigable waters of Humboldt Bay within a 300 meter radius of 
position: 40[deg]44'31'' N., 124[deg]12'39'' W. (NAD83) during the 
evolution. The evolution is necessary to complete an inspection and for 
re-licensing purposes is scheduled to take place on August 2, 2017 and 
on August 30, 2017. At the conclusion of the evolution the safety zone 
shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the evolution. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the restricted area. These regulations 
are needed to keep mariners and vessels away from the immediate 
vicinity of the evolution to ensure the safety of workers, mariners, 
and other vessels transiting the 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, it 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 it 
is outside of the Fields Landing Channel and the public will be 
notified via a 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 (RFA), 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, (ii) vessel traffic can transit safely around the safety zone, 
and (iii) 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 an expenditure,

[[Page 39537]]

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.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration is available in the docket for this 
rulemaking. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 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.T11-867 to read as follows:


Sec.  165.T11-867   Safety Zone; PG&E Evolution, King Salmon, CA.

    (a) Location. This temporary safety zone is established for the 
navigable waters of Humboldt Bay in King Salmon, California as depicted 
in National Oceanic and Atmospheric Administration (NOAA) Chart 18622. 
The safety zone will encompass the navigable waters of Humboldt Bay 
within a 300 meter radius of position: 40[deg]44'31'' N., 
124[deg]12'39'' W. (NAD83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 8 a.m. until 4 p.m. on August 2, 2017 and 
from 8 a.m. until 4 p.m. on August 30, 2017. The Captain of the Port 
San Francisco (COTP) will notify the maritime community of periods 
during which this zone will 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 a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is 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 safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone through the 24-hour 
Command Center at telephone (415) 399-3547 or on VHF channel 16.

    Dated: August 1, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2017-17655 Filed 8-18-17; 8:45 am]
 BILLING CODE 9110-04-P