[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Rules and Regulations]
[Pages 62308-62310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22431]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0795]
RIN 1625-AA08


Special Local Regulation; Eureka Concert Spectator Area, Eureka 
Channel, Eureka, CA

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

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary local regulation 
for the navigable waters of Eureka Channel, in the vicinity of Woodley 
Island, in support of an onshore concert with spectator vessels. This 
special local regulation is necessary to protect the safety of life on 
these navigable waters and to ensure the safety of mariners transiting 
the area from the dangers associated with the large gathering of on 
water concert spectators. This special local regulation will 
temporarily establish the spectator area and safe access lane to be 
used for transit and emergency response access. This regulation is 
necessary to provide safety of life on the navigable waters during the 
event, which will be held on October 16, 2022.

DATES: This rule is effective on October 16, 2022 from 11 a.m. until 7 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG 
2022-0795 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT William Harris, Waterways Management, U.S. Coast 
Guard; telephone (415) 399-7440, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 (NPRM) 
because it would be impracticable to do so. This rule must be effective 
on October 16, 2022, so we lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing this 
rule.
    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 the rule must be 
effective on October 16, 2022, to ensure the safety of the participants 
and vessels during the Concert Event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1233). The Captain of the Port Sector San 
Francisco (COTP) has determined that potential hazards associated with 
a large gathering of on water concert spectators on October 16, 2022, 
will be a safety concern for anyone within the Eureka Channel. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the special local regulation 
while the event is taking place.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 11 a.m. until 
7 p.m. on October 16, 2022. This special local regulation involves a 
designated event anchorage in the vicinity of Woodley Island Marine. 
The event anchorage area will be established from a point along the 
southeastern shore of Woodley Island at 40[deg]48'34.5'' N, 
124[deg]9'19.7'' W; thence along the Samoa Bridge to 40[deg]48'30.3'' 
N, 124[deg]9'15.7''; thence along the shore to 40[deg]48'24.2'' N, 
124[deg]9'30.6'' W; thence to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W 
and thence to the point of beginning. No vessel may moor or anchor 
within 50 yards of the southernmost shoreline to allow access for 
emergency vessels. This special local regulation also involves a no 
loitering zone to reduce congregating in Eureka Channel during this 
concert event from a point along the southwestern shore or Woodley 
Island at 40[deg]48'28.0'' N, 124[deg]10'0.0'' W; thence

[[Page 62309]]

along the shore to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W; thence to 
40[deg]48'24.2'' N, 124[deg]9'30.6'' W; thence along the shore to 
40[deg]48'21.9'' N, 124[deg]9'59.9'' W and thence to the point of 
beginning.

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 size, 
location, duration, and the time-of-day of the special local 
regulation. This special local regulation would impact a small 
designated area of the Eureka Channel for a short duration. Moreover 
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone.

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 
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 
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 special local 
regulation involves a designated event anchorage from a point along the 
southeastern shore of Woodley Island at 40[deg]48'34.5'' N, 
124[deg]9'19.7'' W; thence along the Samoa Bridge to 40[deg]48'30.3'' 
N, 124[deg]9'15.7''; thence along the shore to 40[deg]48'24.2'' N, 
124[deg]9'30.6'' W; thence to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W 
and thence to the point of beginning. This special local regulation 
also involves a no loitering zone to reduce congregating in Eureka 
Channel during this concert event from a point along the southwestern 
shore or Woodley Island at 40[deg]48'28.0'' N, 124[deg]10'0.0'' W; 
thence along the shore to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W; 
thence to 40[deg]48'24.2'' N, 124[deg]9'30.6'' W; thence along the 
shore to 40[deg]48'21.9'' N, 124[deg]9'59.9'' W and thence to the point 
of beginning. It is categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Memorandum For Record 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

[[Page 62310]]

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T11-113 to read as follows:


Sec.  100.T11-113  Special Local Regulation; Eureka Concert Spectator 
Area, Eureka Channel, Eureka, CA.

    (a) Regulated area. This special local regulation involves a 
designated event anchorage from a point along the southeastern shore of 
Woodley Island at 40[deg]48'34.5'' N, 124[deg]9'19.7'' W; thence along 
the Samoa Bridge to 40[deg]48'30.3'' N, 124[deg]9'15.7''; thence along 
the shore to 40[deg]48'24.2'' N, 124[deg]9'30.6'' W; thence to 
40[deg]48'29.4'' N, 124[deg]9'32.8'' W and thence to the point of 
beginning. No vessel may moor or anchor within 50 yards of the 
southernmost shoreline to allow access for emergency vessels. This 
special local regulation also involves a no-loitering zone to reduce 
congregating in Eureka Channel during this concert event from a point 
along the southwestern shore or Woodley Island at 40[deg]48'28.0'' N, 
124[deg]10'0.0'' W; thence along the shore to 40[deg]48'29.4'' N, 
124[deg]9'32.8'' W; thence to 40[deg]48'24.2'' N, 124[deg]9'30.6'' W; 
thence along the shore to 40[deg]48'21.9'' N, 124[deg]9'59.9'' W and 
thence to the point of beginning.
    (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 and a Federal, State, and local officer 
designated by or assisting the Captain of the Port San Francisco (COTP) 
in the enforcement of the regulations in this section.
    (c) Regulations. All attendees are allowed to anchor within the 
designated event anchorage and are restricted from remaining within the 
regulated no-loitering area described in paragraph (a) of this section 
unless authorized by the Captain of the Port San Francisco or their 
designated representative.
    (2) To seek permission to access or for inquiries, contact the COTP 
or the COTP's representative by VHF Channel 22A (157.100 mhz). Those in 
the regulated area must comply with all lawful orders or directions 
given to them by the COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 11 a.m. 
to 7 p.m. on October 16, 2022.

    Dated: October 7, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-22431 Filed 10-13-22; 8:45 am]
BILLING CODE 9110-04-P