[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31166-31167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12300]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0785]
RIN 1625-AA11


Regulated Navigation Areas; Harbor Entrances Along the Coast of 
Northern California

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the Regulated Navigation Area 
(RNA) at the harbor bar entrance to Crescent City Harbor. This document 
will update inapplicable coordinates of the area and replace with 
updated coordinates.

DATES: This rule is effective July 12, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0785 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 about this 
rulemaking, call or email Lieutenant Marcia Medina, Coast Guard 
District 11 Waterways Office; telephone 510-437-2978, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RNA Regulated Navigation Area
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 17, 2020, the Coast Guard published a final rule titled 
``Regulated Navigation Area: Harbor Entrances Along the Coast of 
Northern California'' at 85 FR 43437 that added 33 CFR 165.1196. That 
rule established a RNA at the harbor entrance of Crescent City, 
California. Since publishing the previous rule, the Eleventh Coast 
Guard District was contacted by the National Oceanographic and 
Atmospheric Administration (NOAA) Marine Chart Division, part of the 
Nautical Data Branch of the Office of Coast Survey of the National 
Ocean Service. The NOAA Marine Chart Division brought to the Coast 
Guard's attention that the geographic coordinates for the RNA at the 
harbor entrance of Crescent City appeared to incorrectly capture the 
entirety of the harbor entrance. The Coast Guard agreed, and worked 
with the NOAA Marine Chart Division to develop new coordinates that 
properly capture the entirety of the harbor entrance of Crescent City. 
On November 30, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Regulated Navigation Areas; Harbor Entrances 
Along the Coast of Northern California'' (85 FR 76502). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to the update of the geographic coordinates of the 
harbor entrance of Crescent City. During the comment period that ended 
December 30, 2020, we received no comments.

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 Commander of the Eleventh Coast 
Guard District has determined that there is a need to amend the 
Regulated Navigation Area: Harbor Entrances along the Coast of Northern 
California at 33 CFR 165.1196 to update the geographic coordinates of 
the harbor entrance to Crescent City.

IV. Discussion of Comments, Changes and the Rule

    As noted above, we received no comments on our NPRM published on 
November 30, 2020.
    This rule corrects the geographic coordinates listed in the RNA of 
the harbor entrance to Crescent City. The updated coordinates do not 
materially affect the size or the general geographic location of the 
RNA. Instead, the updated coordinates correct an issue raised by the 
NOAA Marine Chart Division. Specifically, the updated coordinates fully 
and properly capture the entirety of the harbor entrance to Crescent 
City.

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. 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 
economic impact of this rule's amendment. The final rule will merely 
update geographic coordinates. It has no bearing on the impact or the 
effective period of the current RNA.

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

[[Page 31167]]

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 received zero comments from the Small Business 
Administration on this rulemaking. 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 
through the RNA in the area represented by the updated coordinates at 
the harbor entrance of Crescent City may be small entities, for the 
reasons states 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 
call or email 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 RNA 
that will prohibit the transit of maritime traffic in times of unsafe 
conditions. It is categorically excluded from further review under 
paragraph L60[a] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, 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. Amend Sec.  165.1196 by revising paragraph (a)(3) to read as 
follows:


Sec.  165.1196   Regulated Navigation Areas; Harbor Entrances along the 
Coast of Northern California.

    (a) * * *
    (3) Crescent City Harbor Entrance Channel: The navigable waters of 
the Crescent City Harbor Entrance Channel enclosed by the following 
coordinates:
    (i) 41[deg]43'50'' N, 124[deg]11'27'' W (Point A)
    (ii) 41[deg]44'12''N, 124[deg]11'42'' W (Point B)
    (iii) 41[deg]44'26'' N, 124[deg]10'55'' W (Point C)
    (iv) 41[deg]44'13'' N, 124[deg]10'20'' W (Point D); and
    (v) Thence back to Point A, in Crescent City, CA (NAD 83).
* * * * *

    Dated: April 19, 2021.
Brian K. Penoyer,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard District Eleven.
[FR Doc. 2021-12300 Filed 6-10-21; 8:45 am]
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