[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.

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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