83_FR_62488 83 FR 62256 - Safety Zones; Humboldt Bay Bar and Entrance Channel, Eureka, CA, Noyo River Entrance Channel, Ft. Bragg, CA, and Crescent City Harbor Entrance Channel, Crescent City, CA

83 FR 62256 - Safety Zones; Humboldt Bay Bar and Entrance Channel, Eureka, CA, Noyo River Entrance Channel, Ft. Bragg, CA, and Crescent City Harbor Entrance Channel, Crescent City, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 232 (December 3, 2018)

Page Range62256-62258
FR Document2018-26105

The Coast Guard is establishing temporary safety zones in the navigable waters of the Humboldt Bay Bar and Entrance Channel, of Eureka, CA, Noyo River Entrance Channel, of Fort Bragg, CA, and Crescent City Harbor Entrance Channel, of Crescent City, CA to safeguard navigation safety during extreme environmental conditions. These safety zones are established to protect the safety of vessels transiting the areas from the dangers associated with extreme breaking surf and high wind conditions occurring in the Humboldt Bay Bar and Entrance Channel, Noyo River Entrance Channel, and Crescent City Harbor Entrance Channel. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zones without permission of the Captain of the Port (COTP) or their designated representative.

Federal Register, Volume 83 Issue 232 (Monday, December 3, 2018)
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62256-62258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-1018]
RIN 1625-AA00


Safety Zones; Humboldt Bay Bar and Entrance Channel, Eureka, CA, 
Noyo River Entrance Channel, Ft. Bragg, CA, and Crescent City Harbor 
Entrance Channel, Crescent City, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of the Humboldt Bay Bar and Entrance Channel, of 
Eureka, CA, Noyo River Entrance Channel, of Fort Bragg, CA, and 
Crescent City Harbor Entrance Channel, of Crescent City, CA to 
safeguard navigation safety during extreme environmental conditions. 
These safety zones are established to protect the safety of vessels 
transiting the areas from the dangers associated with extreme breaking 
surf and high wind conditions occurring in the Humboldt Bay Bar and 
Entrance Channel, Noyo River Entrance Channel, and Crescent City Harbor 
Entrance Channel. Unauthorized persons or vessels are prohibited from 
entering into, transiting through, or remaining in the safety zones 
without permission of the Captain of the Port (COTP) or their 
designated representative.

DATES: This rule is effective without actual notice from December 3, 
2018 until March 31, 2019. For the purposes of enforcement, actual 
notice will be used from November 27, 2018 until December 3, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-1018. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443 or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final 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.'' In this case, the delay associated with rulemaking 
procedures is impracticable. The Coast Guard was informed on November 
16, 2018 of forecasted extreme environmental conditions occurring near 
three respective locations of California likely to exceed the maximum 
environmental limits of the 47-foot Motor Lifeboat employed as the 
primary rescue asset in each area. These three locations include: The 
Humboldt Bay Bar and Entrance Channel, near Eureka, CA, the Noyo River 
Entrance Channel, near Fort Bragg, CA, and the Crescent City Harbor 
Entrance Channel, of Crescent City, CA. The National Oceanic and 
Atmospheric Administration's National Weather Service forecasts up to 
25-foot breaking seas in the area through 29 November, 2018 and expects 
a higher probability of breaking seas of 20 feet or more through 
December 2018 and January 2019. The hazardous conditions associated 
with these extreme environmental conditions will occur before the 
rulemaking process could be completed.
    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. The Coast Guard was informed of 
forecasted extreme environmental conditions including 20 foot breaking 
seas occurring near three respective locations of California on 
November 16, 2018. These three locations include: The Humboldt Bay 
Entrance Channel, near Eureka, CA, the Noyo River Entrance Channel, 
near Fort Bragg, CA, and the Crescent City Harbor Entrance Channel, of 
Crescent City, CA. The hazardous conditions associated with these 
extreme environmental conditions will occur before the rulemaking 
process would be completed. Additionally, the observed on scene 
conditions are equal to, and likely to exceed, the maximum 
environmental limits of the 47 foot Motor Lifeboat employed as the 
primary rescue asset in the area. Because of the dangers posed by these 
extreme environmental conditions and the resulting limited availability 
of rescue assets, these safety zones are necessary to provide for the 
safety of mariners transiting the area. For the safety concerns noted, 
it is in the public interest to have these regulations in effect 
immediately.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. Notable hazards associated with the extreme environmental 
conditions have been observed in the Humboldt Bay Bar and Entrance 
Channel near Eureka, CA, the Noyo River Entrance Channel, near Fort 
Bragg, CA, and the Crescent City Harbor Entrance Channel, of Crescent 
City, CA. These safety zones establish temporary restricted areas on 
the navigable waters of the Humboldt Bay Bar and Entrance Channel near 
Eureka, CA, the Noyo River Entrance Channel, near Fort Bragg, CA, and 
the Crescent City Harbor Entrance Channel, of Crescent City, CA. These 
restricted areas are necessary to mitigate the risks associated with 
vessels transiting the area while extreme environmental conditions 
exist on scene.

IV. Discussion of the Rule

    The Coast Guard will enforce, independent of each other, three 
respective safety zones in the navigable waters of the Humboldt Bay Bar 
and Entrance Channel near Eureka, CA, the Noyo River Entrance Channel, 
near Fort Bragg, CA, and the Crescent City Harbor Entrance Channel, of 
Crescent City, CA, when the COTP determines that the on scene 
conditions are hazardous and unsafe for vessel transits, typically 
expected to be 20 foot breaking seas at each location. Enforcement will 
be announced via Broadcast Notice to Mariners. These safety zones are 
effective from November 27, 2018, through March 31, 2019.
    The effect of the temporary safety zones is to restrict navigation 
in the vicinity of the Humboldt Bay Bar and Entrance Channel, Noyo 
River Entrance Channel, and Crescent City Harbor

[[Page 62257]]

Entrance Channel while the hazardous conditions associated with extreme 
environmental conditions exist, and until the Coast Guard deems the 
safety zone is no longer needed. Except for persons or vessels 
authorized by the COTP, no person or vessel may enter or remain in the 
restricted areas during times of enforcement. These regulated areas are 
needed to keep vessels away from the immediate vicinity of the 
hazardous conditions associated to ensure the safety of transiting 
vessels in each respective area.

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 limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified via public Broadcast Notice 
to Mariners to ensure the safety zone will result in minimum impact. 
The entities most likely to be affected are waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities.

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.
    This rule may affect the following entities, some of which may be 
small entities: Owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time while hazardous conditions exist, and (ii) the maritime public 
will be advised in advance of this safety zone via Broadcast Notice to 
Mariners.
    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. 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 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 
Management 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 of limited size and duration. It is 
categorically excluded from further review under Categorical Exclusion 
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

[[Page 62258]]

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, and 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, 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.959 in numerical order under the undesignated center 
heading ``Ninth Coast Guard District'' to read as follows:


Sec.  165-959  Safety zones; Humboldt Bay Bar and Entrance, Noyo River 
Entrance, and Crescent City Harbor Entrance Channel Closures, Humboldt 
Bay, Eureka, CA.

    (a) Location. The safety zones are established in:
    (1) The navigable waters of the Humboldt Bay Bar Channel and the 
Humboldt Bay Entrance Channel, of Humboldt Bay, CA;
    (2) The navigable waters of the Noyo River Entrance Channel as 
defined by the Area contained seaward of the Line of Demarcation with 
northern boundary of the line originating in approximate position 
39[deg]25'41'' N, 123[deg]48'37'' W and extending 1,200 yards at 
bearing 290[deg] T & southern boundary of the line originating in 
approximate position 39[deg]25'38'' N, 123[deg]48'36'' W & extending 
1,200 yards at 281[deg] T, in Fort Bragg, CA; and
    (3) The navigable waters of the Crescent City Harbor Entrance 
Channel, as defined by the area contained seaward of the line 
originating in approximate position 41[deg]44'36'' N, 124[deg]11'18'' W 
bearing 237[deg] T and extending out to 1 NM of the Line of Demarcation 
in Crescent City, CA.
    (b) Enforcement period. The zones described in paragraph (a) of 
this section will be effective from November 27, 2018 through March 31, 
2019. The zones described in paragraph (a) will be enforced when the 
COTP determines that the on scene conditions are hazardous and unsafe 
for vessel transits, typically expected to be 20 foot breaking seas at 
each location. Enforcement will be announced via Broadcast Notice to 
Mariners. The COTP will notify the maritime community of periods during 
which these zones will respectively be enforced via Broadcast Notice to 
Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or at a Coast Guard unit or a Federal, State, or local officer 
designated by or assisting the COTP in the enforcement of the safety 
zones.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within these safety 
zones are prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zones are closed to all vessel traffic, except as 
may be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the 
Humboldt Bay Entrance Channel or Crescent City Harbor Entrance Channel 
safety zones during times of enforcement shall contact Station Humboldt 
Bay on VHF-FM channel 16 or at (707) 443-2213 between 6:30 a.m. and 10 
p.m., or to Sector Humboldt Bay on VHF-FM channel 16 or at (707) 839-
6113 if between 10 p.m. and 6:30 a.m. Vessel operators desiring to 
enter or operate within the Noyo River Entrance Channel safety zone 
during times of enforcement shall contact Station Noyo River on VHF-FM 
channel 16 or at (707) 964-6611 between 6:30 a.m. and 10 p.m., or to 
Sector Humboldt Bay on VHF-FM channel 16 or at (707) 839-6113 if 
between 10 p.m. and 6:30 a.m. Vessel operators given permission to 
enter or operate in the safety zones must comply with all directions 
given to them by the COTP or a designated representative.

    Dated: November 27, 2018.
Marie B. Byrd,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco.
[FR Doc. 2018-26105 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P



                                             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


                                        VerDate Sep<11>2014   16:14 Nov 30, 2018   Jkt 247001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\03DER1.SGM   03DER1


                                                              Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations                                         62257

                                             Entrance Channel while the hazardous                    with populations of less than 50,000.                 power and responsibilities among the
                                             conditions associated with extreme                      The Coast Guard certifies under 5 U.S.C.              various levels of government. We have
                                             environmental conditions exist, and                     605(b) that this rule will not have a                 analyzed this rule under that Order and
                                             until the Coast Guard deems the safety                  significant economic impact on a                      have determined that it is consistent
                                             zone is no longer needed. Except for                    substantial number of small entities.                 with the fundamental federalism
                                             persons or vessels authorized by the                       This rule may affect the following                 principles and preemption requirements
                                             COTP, no person or vessel may enter or                  entities, some of which may be small                  described in Executive Order 13132.
                                             remain in the restricted areas during                   entities: Owners and operators of                        Also, this rule does not have tribal
                                             times of enforcement. These regulated                   waterfront facilities, commercial                     implications under Executive Order
                                             areas are needed to keep vessels away                   vessels, and pleasure craft engaged in                13175, Consultation and Coordination
                                             from the immediate vicinity of the                      recreational activities and sightseeing, if           with Indian Tribal Governments,
                                             hazardous conditions associated to                      these facilities or vessels are in the                because it does not have a substantial
                                             ensure the safety of transiting vessels in              vicinity of the safety zone at times when             direct effect on one or more Indian
                                             each respective area.                                   this zone is being enforced. This rule                tribes, on the relationship between the
                                                                                                     will not have a significant economic                  Federal Government and Indian tribes,
                                             V. Regulatory Analyses                                  impact on a substantial number of small               or on the distribution of power and
                                               We developed this rule after                          entities for the following reasons: (i)               responsibilities between the Federal
                                             considering numerous statutes and                       This rule will encompass only a small                 Government and Indian tribes. If you
                                             Executive orders related to rulemaking.                 portion of the waterway for a limited                 believe this rule has implications for
                                             Below we summarize our analyses                         period of time while hazardous                        federalism or Indian tribes, please
                                             based on a number of these statutes and                 conditions exist, and (ii) the maritime               contact the person listed in the FOR
                                             Executive orders, and we discuss First                  public will be advised in advance of this             FURTHER INFORMATION CONTACT section
                                             Amendment rights of protestors.                         safety zone via Broadcast Notice to                   above.
                                             A. Regulatory Planning and Review                       Mariners.
                                                                                                        Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                Executive Orders 12866 and 13563                     Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             direct agencies to assess the costs and                 Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             benefits of available regulatory                        we want to assist small entities in                   Federal agencies to assess the effects of
                                             alternatives and, if regulation is                      understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             necessary, to select regulatory                         would affect your small business,                     particular, the Act addresses actions
                                             approaches that maximize net benefits.                  organization, or governmental                         that may result in the expenditure by a
                                             Executive Order 13771 directs agencies                  jurisdiction and you have questions                   State, local, or tribal government, in the
                                             to control regulatory costs through a                   concerning its provisions or options for              aggregate, or by the private sector of
                                             budgeting process. This rule has not                    compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             been designated a ‘‘significant                         listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             regulatory action,’’ under Executive                    CONTACT section.                                      will not result in such expenditure, we
                                             Order 12866. Accordingly, this rule has                    Small businesses may send comments                 do discuss the effects of this rule
                                             not been reviewed by the Office of                      on the actions of Federal employees                   elsewhere in this preamble.
                                             Management and Budget (OMB), and                        who enforce, or otherwise determine
                                             pursuant to OMB guidance it is exempt                                                                         F. Environment
                                                                                                     compliance with, Federal regulations to
                                             from the requirements of Executive                      the Small Business and Agriculture                      We have analyzed this rule under
                                             Order 13771.                                            Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                This regulatory action determination                 and the Regional Small Business                       Management Directive 023–01 and
                                             is based on the limited duration and                    Regulatory Fairness Boards. The                       Commandant Instruction M16475.1D,
                                             narrowly tailored geographic area of the                Ombudsman evaluates these actions                     which guide the Coast Guard in
                                             safety zone. Although this rule restricts               annually and rates each agency’s                      complying with the National
                                             access to the waters encompassed by the                 responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                             safety zone, the effect of this rule will               wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                             not be significant because the local                    employees of the Coast Guard, call                    determined that this action is one of a
                                             waterway users will be notified via                     1–888–REG–FAIR (1–888–734–3247).                      category of actions that do not
                                             public Broadcast Notice to Mariners to                  The Coast Guard will not retaliate                    individually or cumulatively have a
                                             ensure the safety zone will result in                   against small entities that question or               significant effect on the human
                                             minimum impact. The entities most                       complain about this rule or any policy                environment. This rule involves a safety
                                             likely to be affected are waterfront                    or action of the Coast Guard.                         zone of limited size and duration. It is
                                             facilities, commercial vessels, and                                                                           categorically excluded from further
                                             pleasure craft engaged in recreational                  C. Collection of Information                          review under Categorical Exclusion
                                             activities.                                               This rule will not call for a new                   L60(a) of Appendix A, Table 1 of DHS
                                                                                                     collection of information under the                   Instruction Manual 023–01–001–01,
                                             B. Impact on Small Entities
                                                                                                     Paperwork Reduction Act of 1995 (44                   Rev. 01. A Record of Environmental
                                                The Regulatory Flexibility Act of                    U.S.C. 3501–3520).                                    Consideration supporting this
                                             1980, 5 U.S.C. 601–612, as amended,                                                                           determination is available in the docket
                                             requires federal agencies to consider the               D. Federalism and Indian Tribal
                                                                                                                                                           where indicated under ADDRESSES.
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                                             potential impact of regulations on small                Governments
                                             entities during rulemaking. The term                       A rule has implications for federalism             G. Protest Activities
                                             ‘‘small entities’’ comprises small                      under Executive Order 13132,                            The Coast Guard respects the First
                                             businesses, not-for-profit organizations                Federalism, if it has a substantial direct            Amendment rights of protesters.
                                             that are independently owned and                        effect on the States, on the relationship             Protesters are asked to contact the
                                             operated and are not dominant in their                  between the national government and                   person listed in the FOR FURTHER
                                             fields, and governmental jurisdictions                  the States, or on the distribution of                 INFORMATION CONTACT section to



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                                             62258            Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations

                                             coordinate protest activities so that your              Mariners. The COTP will notify the                    DEPARTMENT OF HOMELAND
                                             message can be received without                         maritime community of periods during                  SECURITY
                                             jeopardizing the safety or security of                  which these zones will respectively be
                                             people, places or vessels.                              enforced via Broadcast Notice to                      Coast Guard
                                             List of Subjects in 33 CFR Part 165                     Mariners in accordance with 33 CFR
                                                                                                     165.7.                                                33 CFR Part 165
                                               Harbors, Marine safety, Navigation
                                             (water), Reporting and recordkeeping                      (c) Definitions. As used in this                    [Docket No. USCG–2018–1001]
                                             requirements, Security measures, and                    section, ‘‘designated representative’’
                                                                                                     means a Coast Guard Patrol                            RIN 1625–AA87
                                             Waterways.
                                               For the reasons discussed in the                      Commander, including a Coast Guard                    Security Zones; Annual Events in the
                                             preamble, the Coast Guard amends 33                     coxswain, petty officer, or other officer             Captain of the Port Detroit Zone—
                                             CFR part 165 as follows:                                on a Coast Guard vessel or at a Coast                 North American International Auto
                                                                                                     Guard unit or a Federal, State, or local              Show, Detroit River, Detroit MI
                                             PART 165—REGULATED NAVIGATION                           officer designated by or assisting the
                                             AREAS AND LIMITED ACCESS AREAS                          COTP in the enforcement of the safety                 AGENCY:  Coast Guard, DHS.
                                                                                                     zones.                                                ACTION: Notice of enforcement of
                                             ■ 1. The authority citation for part 165                                                                      regulation.
                                             continues to read as follows:                             (d) Regulations. (1) Under the general
                                                                                                     regulations in 33 CFR part 165, subpart               SUMMARY:   The Coast Guard will enforce
                                               Authority: 33 U.S.C 1231; 50 U.S.C. 191;
                                                                                                     C, entry into, transiting or anchoring                a security zone associated with the
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                             Department of Homeland Security Delegation              within these safety zones are prohibited              North American International Auto
                                             No. 0170.1.                                             unless authorized by the COTP or a                    Show, Detroit River, Detroit, MI. This
                                                                                                     designated representative.                            security zone is intended to restrict
                                             ■ 2. Add § 165.959 in numerical order
                                             under the undesignated center heading                     (2) The safety zones are closed to all              vessels from a portion of the Detroit
                                             ‘‘Ninth Coast Guard District’’ to read as               vessel traffic, except as may be                      River in order to ensure the safety and
                                             follows:                                                permitted by the COTP or a designated                 security of participants, visitors, and
                                                                                                     representative.                                       public officials at the North American
                                             § 165–959 Safety zones; Humboldt Bay                                                                          International Auto Show (NAIAS),
                                             Bar and Entrance, Noyo River Entrance, and                (3) Vessel operators desiring to enter              which is being held at Cobo Hall in
                                             Crescent City Harbor Entrance Channel                   or operate within the Humboldt Bay                    downtown Detroit, MI. Vessels in close
                                             Closures, Humboldt Bay, Eureka, CA.                     Entrance Channel or Crescent City                     proximity to the security zone will be
                                               (a) Location. The safety zones are                    Harbor Entrance Channel safety zones                  subject to increased monitoring and
                                             established in:                                         during times of enforcement shall                     boarding during the enforcement of the
                                               (1) The navigable waters of the                       contact Station Humboldt Bay on VHF–                  security zone. No person or vessel may
                                             Humboldt Bay Bar Channel and the                        FM channel 16 or at (707) 443–2213                    enter the security zone while it is being
                                             Humboldt Bay Entrance Channel, of                       between 6:30 a.m. and 10 p.m., or to                  enforced without permission of the
                                             Humboldt Bay, CA;                                       Sector Humboldt Bay on VHF–FM                         Captain of the Port Detroit.
                                               (2) The navigable waters of the Noyo                  channel 16 or at (707) 839–6113 if                    DATES: The security zone regulation
                                             River Entrance Channel as defined by                    between 10 p.m. and 6:30 a.m. Vessel                  described in 33 CFR 165.915(a)(3) will
                                             the Area contained seaward of the Line                  operators desiring to enter or operate                be enforced from 7 a.m. on January 14,
                                             of Demarcation with northern boundary                   within the Noyo River Entrance Channel                2019, through 11:59 p.m. on January 27,
                                             of the line originating in approximate                  safety zone during times of enforcement               2019.
                                             position 39°25′41″ N, 123°48′37″ W and                  shall contact Station Noyo River on
                                             extending 1,200 yards at bearing 290° T                                                                       FOR FURTHER INFORMATION CONTACT: If
                                                                                                     VHF–FM channel 16 or at (707) 964–                    you have questions on this document,
                                             & southern boundary of the line
                                                                                                     6611 between 6:30 a.m. and 10 p.m., or                call or email Tracy Girard, Prevention,
                                             originating in approximate position
                                             39°25′38″ N, 123°48′36″ W & extending                   to Sector Humboldt Bay on VHF–FM                      U.S. Coast Guard Sector Detroit, 110
                                             1,200 yards at 281° T, in Fort Bragg, CA;               channel 16 or at (707) 839–6113 if                    Mount Elliot Street, Detroit, MI 48207;
                                             and                                                     between 10 p.m. and 6:30 a.m. Vessel                  telephone (313) 568–9564; email
                                               (3) The navigable waters of the                       operators given permission to enter or                Tracy.M.Girard@uscg.mil.
                                             Crescent City Harbor Entrance Channel,                  operate in the safety zones must comply               SUPPLEMENTARY INFORMATION: The Coast
                                             as defined by the area contained                        with all directions given to them by the              Guard will enforce the North American
                                             seaward of the line originating in                      COTP or a designated representative.                  International Auto Show, Detroit River,
                                             approximate position 41°44′36″ N,                          Dated: November 27, 2018.                          Detroit, MI security zone listed in 33
                                             124°11′18″ W bearing 237° T and                         Marie B. Byrd,
                                                                                                                                                           CFR 165.915, Security zones; Captain of
                                             extending out to 1 NM of the Line of                                                                          the Port Detroit at the following dates
                                                                                                     Captain, U.S. Coast Guard, Alternate Captain          and times for the following event:
                                             Demarcation in Crescent City, CA.
                                                                                                     of the Port, San Francisco.
                                               (b) Enforcement period. The zones                                                                              North American International Auto
                                             described in paragraph (a) of this                      [FR Doc. 2018–26105 Filed 11–30–18; 8:45 am]          Show, Detroit River Detroit MI. This
                                             section will be effective from November                 BILLING CODE 9110–04–P                                security zone listed in § 165.915(a)(3),
                                             27, 2018 through March 31, 2019. The                                                                          will be enforced when necessary from 7
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                                             zones described in paragraph (a) will be                                                                      a.m. January 14, 2019, through 11:59
                                             enforced when the COTP determines                                                                             p.m. January 27, 2019.
                                             that the on scene conditions are                                                                                 All persons and vessels shall comply
                                             hazardous and unsafe for vessel transits,                                                                     with the instructions of the Captain of
                                             typically expected to be 20 foot breaking                                                                     the Port Detroit or his designated on-
                                             seas at each location. Enforcement will                                                                       scene representative, who may be
                                             be announced via Broadcast Notice to                                                                          contacted via VHF Channel 16.


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Document Created: 2018-12-01 00:56:13
Document Modified: 2018-12-01 00:56:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from December 3, 2018 until March 31, 2019. For the purposes of enforcement, actual notice will be used from November 27, 2018 until December 3, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at [email protected]
FR Citation83 FR 62256 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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