[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Rules and Regulations]
[Pages 52763-52765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0813]
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 three 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 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 San Francisco or a 
designated representative.

DATES: This rule is effective without actual notice from October 3, 
2019 through December 31, 2019. For purposes of enforcement, actual 
notice will be used from September 25, 2019 until October 3, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0813 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 Jennae Cotton, Waterways Management, U.S. 
Coast Guard; telephone (415) 399-3585, email at [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 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.'' 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.
    On September 21, 2019, the Coast Guard was informed 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 by the Coast Guard as the 
primary rescue asset in each area. These three locations are: 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, near Crescent City, CA. The National Oceanic and 
Atmospheric Administration's National Weather Service forecasts up to 
19-foot breaking seas in the area from 25 September, 2019 through 26 
September, 2019. This area is subject to extreme weather annually, but 
this year's forecast of extreme weather starting in September is 
earlier than is typical. Last year's comparable forecast of 24-foot 
breaking seas occurred in November, which is typically the month when 
the Coast Guard has historically established 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. Due to the 
consistency of extreme environmental conditions typically observed 
between the months of November and March each winter, the Coast Guard 
is in the process of establishing a permanent regulation to account for 
intermittent periods of hazardous conditions, such as high wind or 
breaking surf. That regulation is expected to begin the notice and 
comment phase of public rulemaking shortly. Between now and the 
implementation of the permanent regulation, if enacted, these three 
safety zones are necessary to provide for the safety of mariners 
transiting the area due to the dangers posed by these extreme 
environmental conditions and the resulting limited availability of 
rescue assets. The Coast Guard learned of the extreme weather forecast 
on 21 September 2019, and must establish the three safety zones before 
25 September 2019, and so lacks sufficient time to provide a reasonable 
comment period and to consider comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
also exists for making this rule effective less than 30 days after 
publication in the Federal Register. For similar reasons as stated 
above, notice and comment procedures would be impracticable in this 
instance because the hazardous conditions associated with the extreme 
environmental conditions precipitating the rulemaking will occur before 
the full rulemaking process could be completed.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C. 
70034 (previously 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

[[Page 52764]]

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. Because extreme 
environmental conditions are predicted for September 25, 2019 which is 
outside of the typical season between November and March when dangerous 
sea state conditions have historically been observed, 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 September 25, 2019, through December 31, 2019. These 
safety zones will be enforced with actual notice until this rulemaking 
is published in the Federal Register, and with constructive notice 
thereafter.
    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 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 or 
the COTP's designated representative, no person or vessel may enter or 
remain in the restricted areas during times of enforcement. As used in 
the rule, ``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. These three regulated areas are needed 
to keep vessels away from the immediate vicinity of the hazardous 
conditions associated with the forecasted extreme weather 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 zones. 
Although this rule restricts access to the waters encompassed by the 
safety zones, 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 zones will result in minimum impact, 
and because the rule will be enforced only during dangerous conditions 
caused by extreme weather. 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 zones at times when the zones are 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 zones 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

[[Page 52765]]

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 
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy, 
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 three safety zones 
which will be implemented during periods of extreme environmental 
conditions in 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. It is categorically 
excluded from further review under paragraph L60(a) in Table 3-1 of 
Department of Homeland Security Directive 023-01. 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 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.T11-998 to read as follows:


Sec.  165.T11-998  Safety zones; Humboldt Bay Bar and Entrance, Noyo 
River Entrance, and Crescent City Harbor Entrance Channel Closures, 
Humboldt Bay, Eureka, CA.

    (a) Location. The following areas are safety zones:
    (1) All navigable waters, from surface to bottom, of the Humboldt 
Bay Bar Channel and the Humboldt Bay Entrance Channel, of Humboldt Bay, 
CA;
    (2) All navigable waters, from surface to bottom, 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 
1200 yards at bearing 290[deg] T, and southern boundary of the line 
originating in approximate position 39[deg]25'38'' N, 123[deg]48'36'' W 
and extending 1200 yards at 281[deg] T, in Fort Bragg, CA; and
    (3) All navigable waters, from surface to bottom, 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 from 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 Captain of the Port San Francisco (COTP) 
in the enforcement of the safety zones.
    (c) Regulations. (1) Under the general regulations in subpart C of 
this part, entering into, transiting through, 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.
    (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 if contacting between 
6:30 a.m. and 10 p.m., or Sector Humboldt Bay on VHF-FM channel 16 or 
at (707) 839-6113 if contacting 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 if contacting 
between 6:30 a.m. and 10 p.m., or Sector Humboldt Bay on VHF-FM channel 
16 or at (707) 839-6113 if contacting 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 the 
COTP's designated representative.
    (d) Enforcement period. The zones described in paragraph (a) of 
this section will be effective without actual notice from October 3, 
2019 through December 31, 2019. For purposes of enforcement, actual 
notice will be used from September 25, 2019 until October 3, 2019. This 
section will be enforced when the COTP determines that the on scene 
conditions are hazardous and unsafe for vessel transits due to extreme 
weather conditions.
    (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 Sec.  165.7.

    Dated: September 24, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-21281 Filed 10-2-19; 8:45 am]
 BILLING CODE 9110-04-P