[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Rules and Regulations]
[Pages 53418-53421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24842]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0042]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary Interim rule and request for comments

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of the Humboldt Bay 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 Channel, Noyo River 
Entrance Channel, and Crescent City Harbor Entrance Channels. When 
enforced, entry of persons or vessels into this temporary safety zone 
is prohibited unless specifically authorized by the Captain of the Port 
(COTP), San Francisco or his designated representative.

DATES: This rule is effective without actual notice from November 16, 
2017 until 11:59 p.m. on March 31, 2018. For the purposes of 
enforcement, actual notice will be used from October 27, 2017 until 
November 16, 2017. This rule 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 local Broadcast Notice to 
Mariners.

ADDRESSES: You may submit comments view documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov, type [USCG-2017-0042] in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rulemaking.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or email Lieutenant Commander Rebecca Deakin, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-7401 or email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

APA Administrative Procedures Act
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of Proposed Rulemaking

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary interim 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 (NPRM) with 
respect to this rule. Publishing an NPRM would be impracticable in this 
case due to having received initial notice of the extreme environmental 
and weather conditions substantiating this rule on October 19, 2017.
    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, as delaying the effective date of 
this rule would be impracticable due to the timing of the forecast 
environmental and weather conditions.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP), San Francisco has determined that 
this rule is necessary to provide for the safety of Coast Guard 
members, mariners, and other vessels transiting the area where

[[Page 53419]]

notable hazards associated with the extreme environmental conditions 
have been observed in 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.

IV. Discussion of the Rule

    This rule establishes three safety zones, respectively in the 
navigable waters of 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, 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 between 12:01 a.m. on October 27, 2017 until 11:59 p.m. on 
March 31, 2018.
    The effect of the temporary safety zones is to restrict navigation 
in the vicinity of the Humboldt Bay Entrance Channel, Noyo River 
Entrance Channel, and Crescent City Harbor 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 (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, disruptive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. This safety zone 
is limited in size, duration and location. In addition, 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 Local 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.
    While some owners or operators of vessels intending to transit the 
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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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

[[Page 53420]]

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.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. An 
environmental analysis checklist supporting this determination and a 
Record of Environmental Consideration (REC) are 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this Temporary Interim Rule as being 
available in this docket and all public comments, will be in our online 
docket at http://www.regulations.gov and can be viewed by following 
that Web site's instructions. Additionally, if you go to the online 
docket and sign up for email alerts, you will be notified when comments 
are posted or a final rule is published.

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.  165-900 to read as follows:


Sec.  165-900  Safety zones; Humboldt Bay Bar, Noyo River Entrance, and 
Crescent City Harbor Entrance Channel Closures, Humboldt Bay, Eureka, 
CA.

    (a) Location. Temporary 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 approx position 
39[deg]25'41'' N., 123[deg]48'37'' W. and extending 1200 yards at 
bearing 290[deg] T & southern boundary of the line originating in 
approx position 39[deg]25'38'' N., 123[deg]48'36'' W. and extending 
1200 yards at 281[deg] T, in Fort Bragg, CA;
    (3) The navigable waters of the Crescent City Harbor Entrance 
Channel, as defined by the area contained seaward of the line 
originating in approx 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) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or at a Coast Guard unit or a Federal, State, or local officer 
designated by or assisting the COTP in the enforcement of the safety 
zones.
    (c) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within these safety 
zones are prohibited unless authorized by the COTP or the COTP's 
designated representative.
    (2) The safety zones are closed to all vessel traffic, except as 
may be permitted by the COTP or the COTP's designated representative. 
Vessel operators given permission to enter or operate in the safety 
zones must comply with all directions given to them by the COTP or the 
COTP's designated representative.
    (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.
    (d) Enforcement period. The zones described in paragraph (a) of 
this section will be effective from October 27, 2017 through March 31, 
2018. The zones described in paragraph (a) of this section 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.

[[Page 53421]]

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.

    Dated: October 27, 2017.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain of the Port of San 
Francisco.
[FR Doc. 2017-24842 Filed 11-15-17; 8:45 am]
 BILLING CODE 9110-04-P