83 FR 62253 - Safety Zone; Arthur Kill and Old Place Creek, Elizabeth, NJ and Staten Island, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 232 (December 3, 2018)
Coast Guard
Federal Register Volume 83, Issue 232 (December 3, 2018)
| Page Range | 62253-62256 | |
| FR Document | 2018-26187 |
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)] [Rules and Regulations] [Pages 62253-62256] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26187] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-1002] RIN 1625-AA00 Safety Zone; Arthur Kill and Old Place Creek, Elizabeth, NJ and Staten Island, NY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 500-yard radius of the old Goethals Bridge Pier C on the Staten Island, NY side of the Federal navigation channel. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by underwater explosives demolition of Pier C. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York and New Jersey or a designated representative. DATES: This rule is effective without actual notice from December 3, 2018 through December 31, 2018. For the purposes of enforcement, actual notice will be used from November 11, 2018 through December 3, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG- 2018-1002 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 Mr. Craig Lapiejko, Waterways Management, First Coast Guard District; telephone (617) 223-8351, email [email protected]. You may also call or email Mr. Jeff Yunker, Waterways Management Division, U.S. Coast Guard Sector New York, telephone (718) 354-4195, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port New York and New Jersey DHS Department of Homeland Security FR Federal Register First District USCG First District Bridge Administration NPRM Notice of proposed rulemaking PANYNJ Port Authority of NY and NJ RNA Regulated Navigation Area Sec. Section TFR Temporary Final Rule U.S.C. United States Code II. Background Information and Regulatory History On April 14, 2014 the Coast Guard published a NPRM entitled ``Regulated Navigation Area; Arthur Kill, NY and NJ'' in the Federal Register (79 FR 20851) that would allow the Coast Guard to enforce speed and wake restrictions and prohibit vessel traffic through the RNA during bridge replacement operations on the Goethals Bridge that could pose an imminent hazard to persons and vessels operating in the area. This proposed rule would also allow the Coast Guard to enforce navigation restrictions and prohibit vessel traffic during drilling, blasting, and dredging operations in support of the U.S. Army Corps of Engineers channel deepening project. Proposed work included underwater explosives demolition of the old Goethals Bridge Pier C. We received one comment on this proposed rule. It advocated notifying mariners of waterway closures at least forty eight hours in advance, and that the closures remain in place only as long as required for safety purposes. It also recommended that the Coast Guard work to institute a queue system or other vessel movement scheme that allowed vessels moving with a flood tide to access the right of way in the restricted portion of the Arthur Kill. On January 7, 2015, the Coast Guard published a TFR entitled ``Regulated Navigation Area; Arthur Kill, NY and NJ'' in the Federal Register (80 FR 00829) that allowed the Coast Guard to enforce speed and wake restrictions and prohibit vessel traffic through the RNA during bridge replacement operations on the Goethals Bridge that could pose an imminent hazard to persons and vessels operating in the area. This rule also allowed the Coast Guard to enforce navigation restrictions and prohibit vessel traffic during drilling, blasting, and dredging operations in support of the U.S. Army Corps of Engineers channel deepening project. The planned work still included underwater explosives demolition of the old Goethals Bridge Pier C. The Coast Guard said it would make every effort to notify mariners forty eight hours before a waterway closure, but that this may not always be possible due to many dynamic factors in the project. It also said it will meet with various other agencies to assess the need for a vessel queue system and administer a queue system if needed on a case by case basis by Vessel Traffic Service New York. This rule was in effect from January 7, 2015 until October 31, 2018. On October 17, 2018 the PANYNJ contractor's project manager notified the First District and Vessel Traffic Service New York that the previously scheduled underwater explosives demolition of the old Goethals Bridge Pier C below mean lower water had been delayed from late October 2018 until Sunday, November 11, 2018 at approximately 10:20 a.m. The contractor requested the Coast Guard create a safety zone to prohibit vessels and persons within a 500 yard radius of old Goethals Bridge Pier C from approximately 10 a.m. until 11:00 a.m. During this approximate 60-minute window, no vessels or persons will be authorized within the safety zone unless authorized by the COTP New York and New Jersey. 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 [[Page 62254]] 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) with respect to this rule because the schedule for the demolition of old Goethals Bridge Pier C was only recently finalized and extended past the original project completion date, and timely action is needed to respond to the potential safety hazards associated with this demolition project. It is impracticable and contrary to the public interest to publish an NPRM because we must establish this safety zone by November 11, 2018 to allow for the timely demolition of old Goethals Bridge Pier C and promote the safety of the public. 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 impracticable because immediate action is needed to respond to the potential safety hazards associated with underwater explosives demolition of old Goethals Bridge Pier C. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP has determined that potential hazards associated with underwater explosives demolition tentatively scheduled on Sunday, November 11, 2018, will be a safety concern for anyone within a 500- yard radius of the old Goethals Bridge Pier C. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during underwater explosives demolition of the old Goethals Bridge Pier C. IV. Discussion of the Rule This rule establishes a safety zone from 10:00 a.m. on November 11, 2018 through 11:59 p.m. on December 31, 2018. This rule will be enforced from 10:00 a.m. until 11:00 a.m. on November 11, 2018. The safety zone covers all navigable waters of the Arthur Kill and Old Place Creek within approximately 500 yards of the old Goethals Bridge Pier C in approximate position 40[deg]38'07.7'' N, 074[deg]11'46.4'' W (NAD 83). The Coast Guard is publishing this rulemaking to be effective, and enforceable, through December 31, 2018 in case the project is delayed due to unforeseen circumstances. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the underwater remains of Pier C are demolished for eventual removal. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP New York and New Jersey or a designated representative. The Coast Guard will notify the public and local mariners of this safety zone through the Local Notice to Mariners and/or Broadcast Notice to Mariners via VHF-FM marine channel 16 in advance of any scheduled enforcement period. 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 following reasons: (1) The safety zone only impacts a small designated area of the Arthur Kill and Old Place Creek, (2) the zone will only be enforced for approximately 60 minutes during the underwater explosives demolition of the old Goethals Bridge Pier C, (3) vessels not constrained by their draft or length may still transit the Arthur Kill south of this safety zone, to, and from sea, via Raritan Bay Reaches and Sandy Hook Channel, (4) the demolition operations are scheduled on Sunday when commercial vessel traffic is less frequent, and (5) the demolition operations are scheduled in the late Fall when recreational vessel traffic is less frequent. 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 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 [[Page 62255]] 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. 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 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 and Commandant Instruction M16475.1D, 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 lasting approximately 60 minutes that will prohibit entry within a 500 yard radius of the old Goethals Bridge Pier C during underwater demolition. 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. 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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T01-1002 to read as follows: Sec. 165.T01-1002 Safety Zone, Arthur Kill and Old Place Creek, Elizabeth, NJ and Staten Island, NY. (a) Safety zone boundaries. The following is a safety zone: All waters of the Arthur Kill, from surface to bottom, bound by the following approximate positions: All waters south of a line drawn from 40[deg]38'23.7'' N, 074[deg]11'43.3'' W, thence to 40[deg]38'19.0'' N, 074[deg]11'32.6'' W, and all waters north of a line drawn from 40[deg]38'03.9'' N, 074[deg]12'07.8'' W, thence to 40[deg]37'54.9'' N, 074[deg]11'58.7'' W (NAD 83). (b) Safety zone boundaries. The following is a safety zone: all waters of the Old Place Creek, from surface to bottom, bound by the following approximate positions: All waters northwest of a line drawn from the following approximate positions: 40[deg]37'52.7'' N, 074[deg]11'44.3'' W, thence to 40[deg]37'52.9'' N, 074[deg]11'42.7'' W (NAD 83). (c) Definitions. As used in this section: Designated representative means any Coast Guard commissioned, warrant, petty officer, or designated Patrol Commander of the U.S. Coast Guard who has been designated by the Captain of the Port, Sector New York (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP to enforce this section. (d) Regulations. When this safety zone is enforced, the following regulations, along with those contained in 33 CFR 165.23 apply: (1) During periods of enforcement, during active underwater explosives demolition, no person or vessel may enter or remain in the safety zones described in paragraphs (a) and (b) unless authorized by the COTP or the COTP's designated representative. (2) Any vessels transiting must comply with all orders and directions from the COTP or the COTP's designated representative. (3) Upon being hailed by a Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel must proceed as directed. (4) Notwithstanding anything contained in this section, the Rules of the Road (33 CFR part 84--Subchapter E, inland navigational rules) are still in effect and must be strictly adhered to at all times. (d) Enforcement periods. This regulation is enforceable 24 hours a day from 10:00 a.m. on November 11, until 11:59 p.m. on December 31, 2018, but will only be enforced during active underwater explosive demolition of the old Goethals Bridge Pier C. The underwater explosives demolition operations that will require enforcement of the safety zone regulations are tentatively scheduled to take place on November 11, 2018, from approximately 10:00 a.m. until 11:00 a.m., unless delayed by weather, construction delays, or other unforeseen circumstances. The COTP will provide notice of the channel closure by appropriate means to the affected segments of the public. Such means of notification may include, but are not limited to, Broadcast Notice to Mariners and/or Local Notice to Mariners. (1) Notice of suspension of enforcement: If enforcement is suspended, the COTP will provide a notice of the suspension of enforcement by appropriate means to the affected segments of the public. Such means of notification may include, but are not limited to, Broadcast Notice to Mariners and/or Local Notice to Mariners. Such notification will include the approximate date and time that enforcement will be suspended as well as the approximate date and time that enforcement will resume. (2) Violations of this regulation may be reported to the COTP at (718) 354-4353 or on VHF-Channel 16. [[Page 62256]] Dated: November 9, 2018. J.P. Tama, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2018-26187 Filed 11-30-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations 62253
2018 through 8 p.m. on December 4, Pier C. Entry of vessels or persons into Pier C. We received one comment on
2018. this zone is prohibited unless this proposed rule. It advocated
(c) Regulations. (1) In accordance with specifically authorized by the Captain of notifying mariners of waterway closures
the general regulations in § 165.23 of the Port New York and New Jersey or a at least forty eight hours in advance, and
this part, entry into or remaining within designated representative. that the closures remain in place only as
this zone is prohibited unless DATES: This rule is effective without long as required for safety purposes. It
authorized by the Captain of the Port actual notice from December 3, 2018 also recommended that the Coast Guard
Sector New Orleans (COTP) or through December 31, 2018. For the work to institute a queue system or
designated representative. A designated purposes of enforcement, actual notice other vessel movement scheme that
representative is a commissioned, will be used from November 11, 2018 allowed vessels moving with a flood
warrant, or petty officer of the U.S. through December 3, 2018. tide to access the right of way in the
Coast Guard assigned to units under the ADDRESSES: To view documents
restricted portion of the Arthur Kill.
operational control of USCG Sector New On January 7, 2015, the Coast Guard
mentioned in this preamble as being
Orleans. published a TFR entitled ‘‘Regulated
available in the docket, go to https://
(2) Vessels requiring entry into this Navigation Area; Arthur Kill, NY and
www.regulations.gov, type USCG–2018–
safety zone must request permission NJ’’ in the Federal Register (80 FR
1002 in the ‘‘SEARCH’’ box and click 00829) that allowed the Coast Guard to
from the COTP or a designated ‘‘SEARCH.’’ Click on Open Docket
representative. They may be contacted enforce speed and wake restrictions and
Folder on the line associated with this prohibit vessel traffic through the RNA
on VHF–FM Channel 16 or 67 or by rule.
telephone at (504) 365–2200. during bridge replacement operations
FOR FURTHER INFORMATION CONTACT: If on the Goethals Bridge that could pose
(3) Persons and vessels permitted to
enter this safety zone must transit at you have questions on this rule, call or an imminent hazard to persons and
their slowest safe speed and comply email Mr. Craig Lapiejko, Waterways vessels operating in the area. This rule
with all lawful directions issued by the Management, First Coast Guard District; also allowed the Coast Guard to enforce
COTP or the designated representative. telephone (617) 223–8351, email navigation restrictions and prohibit
(d) Information broadcasts. The COTP Craig.D.Lapiejko@uscg.mil. You may vessel traffic during drilling, blasting,
or a designated representative will also call or email Mr. Jeff Yunker, and dredging operations in support of
inform the public of the enforcement Waterways Management Division, U.S. the U.S. Army Corps of Engineers
times and date for this safety zone Coast Guard Sector New York, channel deepening project. The planned
through Broadcast Notices to Mariners telephone (718) 354–4195, email work still included underwater
(BNMs), Local Notices to Mariners Jeff.M.Yunker@uscg.mil. explosives demolition of the old
(LNMs), and/or Marine Safety SUPPLEMENTARY INFORMATION: Goethals Bridge Pier C. The Coast Guard
Information Bulletins (MSIBs), as said it would make every effort to notify
I. Table of Abbreviations
appropriate. mariners forty eight hours before a
CFR Code of Federal Regulations waterway closure, but that this may not
Dated: November 27, 2018. COTP Captain of the Port New York and always be possible due to many
K.M. Luttrell, New Jersey dynamic factors in the project. It also
Captain, U.S. Coast Guard, Captain of the DHS Department of Homeland Security said it will meet with various other
Port Sector New Orleans. FR Federal Register
agencies to assess the need for a vessel
[FR Doc. 2018–26147 Filed 11–30–18; 8:45 am] First District USCG First District Bridge
Administration
queue system and administer a queue
BILLING CODE 9110–04–P
NPRM Notice of proposed rulemaking system if needed on a case by case basis
PANYNJ Port Authority of NY and NJ by Vessel Traffic Service New York.
RNA Regulated Navigation Area This rule was in effect from January 7,
DEPARTMENT OF HOMELAND § Section 2015 until October 31, 2018.
SECURITY TFR Temporary Final Rule On October 17, 2018 the PANYNJ
U.S.C. United States Code contractor’s project manager notified the
Coast Guard First District and Vessel Traffic Service
II. Background Information and
New York that the previously scheduled
33 CFR Part 165 Regulatory History
underwater explosives demolition of the
[Docket Number USCG–2018–1002] On April 14, 2014 the Coast Guard old Goethals Bridge Pier C below mean
published a NPRM entitled ‘‘Regulated lower water had been delayed from late
RIN 1625–AA00 Navigation Area; Arthur Kill, NY and October 2018 until Sunday, November
NJ’’ in the Federal Register (79 FR 11, 2018 at approximately 10:20 a.m.
Safety Zone; Arthur Kill and Old Place 20851) that would allow the Coast
Creek, Elizabeth, NJ and Staten Island, The contractor requested the Coast
Guard to enforce speed and wake Guard create a safety zone to prohibit
NY restrictions and prohibit vessel traffic vessels and persons within a 500 yard
AGENCY: Coast Guard, DHS. through the RNA during bridge radius of old Goethals Bridge Pier C
ACTION: Temporary final rule. replacement operations on the Goethals from approximately 10 a.m. until 11:00
Bridge that could pose an imminent a.m. During this approximate 60-minute
SUMMARY: The Coast Guard is hazard to persons and vessels operating window, no vessels or persons will be
establishing a temporary safety zone for in the area. This proposed rule would authorized within the safety zone unless
navigable waters within a 500-yard also allow the Coast Guard to enforce authorized by the COTP New York and
khammond on DSK30JT082PROD with RULES
radius of the old Goethals Bridge Pier C navigation restrictions and prohibit New Jersey.
on the Staten Island, NY side of the vessel traffic during drilling, blasting, The Coast Guard is issuing this
Federal navigation channel. The safety and dredging operations in support of temporary rule without prior notice and
zone is needed to protect personnel, the U.S. Army Corps of Engineers opportunity to comment pursuant to
vessels, and the marine environment channel deepening project. Proposed authority under section 4(a) of the
from potential hazards created by work included underwater explosives Administrative Procedure Act (APA) (5
underwater explosives demolition of demolition of the old Goethals Bridge U.S.C. 553(b)). This provision
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![62256 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Dated: November 9, 2018. email Lieutenant Emily Rowan, U.S. Eureka, CA, the Noyo River Entrance
J.P. Tama, Coast Guard Sector San Francisco; Channel, near Fort Bragg, CA, and the
Captain, U.S. Coast Guard, Captain of the telephone (415) 399–7443 or email at Crescent City Harbor Entrance Channel,
Port New York. SFWaterways@uscg.mil. of Crescent City, CA. The hazardous
[FR Doc. 2018–26187 Filed 11–30–18; 8:45 am] SUPPLEMENTARY INFORMATION: conditions associated with these
BILLING CODE 9110–04–P extreme environmental conditions will
I. Table of Abbreviations occur before the rulemaking process
APA Administrative Procedure Act would be completed. Additionally, the
DEPARTMENT OF HOMELAND COTP U.S. Coast Guard Captain on the Port observed on scene conditions are equal
SECURITY DHS Department of Homeland Security to, and likely to exceed, the maximum
FR Federal Register environmental limits of the 47 foot
Coast Guard NOAA National Oceanic and Atmospheric
Motor Lifeboat employed as the primary
Administration
NPRM Notice of Proposed Rulemaking rescue asset in the area. Because of the
33 CFR Part 165 PATCOM U.S. Coast Guard Patrol dangers posed by these extreme
[Docket No. USCG–2018–1018] Commander environmental conditions and the
U.S.C. United States Code resulting limited availability of rescue
RIN 1625–AA00 assets, these safety zones are necessary
II. Background Information and
to provide for the safety of mariners
Safety Zones; Humboldt Bay Bar and Regulatory History
transiting the area. For the safety
Entrance Channel, Eureka, CA, Noyo The Coast Guard is issuing this concerns noted, it is in the public
River Entrance Channel, Ft. Bragg, CA, temporary final rule without prior interest to have these regulations in
and Crescent City Harbor Entrance notice and opportunity to comment effect immediately.
Channel, Crescent City, CA pursuant to authority under section 4(a)
of the Administrative Procedure Act III. Legal Authority and Need for Rule
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
(APA) (5 U.S.C. 553(b)). This provision The Coast Guard is issuing this rule
authorizes an agency to issue a rule under authority in 33 U.S.C. 1231.
SUMMARY: The Coast Guard is without prior notice and opportunity to Notable hazards associated with the
establishing temporary safety zones in comment when the agency for good extreme environmental conditions have
the navigable waters of the Humboldt cause finds that those procedures are been observed in the Humboldt Bay Bar
Bay Bar and Entrance Channel, of ‘‘impracticable, unnecessary, or contrary and Entrance Channel near Eureka, CA,
Eureka, CA, Noyo River Entrance to the public interest.’’ In this case, the the Noyo River Entrance Channel, near
Channel, of Fort Bragg, CA, and delay associated with rulemaking Fort Bragg, CA, and the Crescent City
Crescent City Harbor Entrance Channel, procedures is impracticable. The Coast Harbor Entrance Channel, of Crescent
of Crescent City, CA to safeguard Guard was informed on November 16, City, CA. These safety zones establish
navigation safety during extreme 2018 of forecasted extreme temporary restricted areas on the
environmental conditions. These safety environmental conditions occurring navigable waters of the Humboldt Bay
zones are established to protect the near three respective locations of Bar and Entrance Channel near Eureka,
safety of vessels transiting the areas California likely to exceed the CA, the Noyo River Entrance Channel,
from the dangers associated with maximum environmental limits of the near Fort Bragg, CA, and the Crescent
extreme breaking surf and high wind 47-foot Motor Lifeboat employed as the City Harbor Entrance Channel, of
conditions occurring in the Humboldt primary rescue asset in each area. These Crescent City, CA. These restricted areas
Bay Bar and Entrance Channel, Noyo three locations include: The Humboldt are necessary to mitigate the risks
River Entrance Channel, and Crescent Bay Bar and Entrance Channel, near associated with vessels transiting the
City Harbor Entrance Channel. Eureka, CA, the Noyo River Entrance area while extreme environmental
Unauthorized persons or vessels are Channel, near Fort Bragg, CA, and the conditions exist on scene.
prohibited from entering into, transiting Crescent City Harbor Entrance Channel,
of Crescent City, CA. The National IV. Discussion of the Rule
through, or remaining in the safety
zones without permission of the Captain Oceanic and Atmospheric The Coast Guard will enforce,
of the Port (COTP) or their designated Administration’s National Weather independent of each other, three
representative. Service forecasts up to 25-foot breaking respective safety zones in the navigable
seas in the area through 29 November, waters of the Humboldt Bay Bar and
DATES: This rule is effective without Entrance Channel near Eureka, CA, the
2018 and expects a higher probability of
actual notice from December 3, 2018 breaking seas of 20 feet or more through Noyo River Entrance Channel, near Fort
until March 31, 2019. For the purposes December 2018 and January 2019. The Bragg, CA, and the Crescent City Harbor
of enforcement, actual notice will be hazardous conditions associated with Entrance Channel, of Crescent City, CA,
used from November 27, 2018 until these extreme environmental conditions when the COTP determines that the on
December 3, 2018. will occur before the rulemaking scene conditions are hazardous and
ADDRESSES: Documents mentioned in process could be completed. unsafe for vessel transits, typically
this preamble are part of docket USCG– Under 5 U.S.C. 553(d)(3), the Coast expected to be 20 foot breaking seas at
2018–1018. To view documents Guard finds that good cause exists for each location. Enforcement will be
mentioned in this preamble as being making this rule effective less than 30 announced via Broadcast Notice to
available in the docket, go to http:// days after publication in the Federal Mariners. These safety zones are
khammond on DSK30JT082PROD with RULES
www.regulations.gov, type the docket Register. The Coast Guard was informed effective from November 27, 2018,
number in the ‘‘SEARCH’’ box and click of forecasted extreme environmental through March 31, 2019.
‘‘SEARCH.’’ Click on Open Docket conditions including 20 foot breaking The effect of the temporary safety
Folder on the line associated with this seas occurring near three respective zones is to restrict navigation in the
rulemaking. locations of California on November 16, vicinity of the Humboldt Bay Bar and
FOR FURTHER INFORMATION CONTACT: If 2018. These three locations include: The Entrance Channel, Noyo River Entrance
you have questions on this rule, call or Humboldt Bay Entrance Channel, near Channel, and Crescent City Harbor
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Document Created: 2018-12-01 00:56:13
Document Modified: 2018-12-01 00:56:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from December 3, 2018 through December 31, 2018. For the purposes of enforcement, actual notice will be used from November 11, 2018 through December 3, 2018. | |
| Contact | If you have questions on this rule, call or email Mr. Craig Lapiejko, Waterways Management, First Coast Guard District; telephone (617) 223-8351, email [email protected] You may also call or email Mr. Jeff Yunker, Waterways Management Division, U.S. Coast Guard Sector New York, telephone (718) 354-4195, email [email protected] | |
| FR Citation | 83 FR 62253 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water) Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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