Emergency Safety Zone; Humboldt Bay Bar Entrance Closure for Piloted Vessels, Humboldt Bay, Eureka, CA
| Citation | 86 FR 7507 |
| Record Number | 2021-01993 |
| Published date | 29 January 2021 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 18 (Friday, January 29, 2021)
[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
