Rule2021-12300
Regulated Navigation Areas; Harbor Entrances Along the Coast of Northern California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 11, 2021
Effective
July 12, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending the Regulated Navigation Area (RNA) at the harbor bar entrance to Crescent City Harbor. This document will update inapplicable coordinates of the area and replace with updated coordinates.
Full Text
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<title>Federal Register, Volume 86 Issue 111 (Friday, June 11, 2021)</title>
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[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31166-31167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12300]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0785]
RIN 1625-AA11
Regulated Navigation Areas; Harbor Entrances Along the Coast of
Northern California
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the Regulated Navigation Area
(RNA) at the harbor bar entrance to Crescent City Harbor. This document
will update inapplicable coordinates of the area and replace with
updated coordinates.
DATES: This rule is effective July 12, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2019-0785 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Marcia Medina, Coast Guard
District 11 Waterways Office; telephone 510-437-2978, email
<a href="/cdn-cgi/l/email-protection#aee3cfdccdc7cf80ef80e3cbcac7c0cfeedbddcdc980c3c7c2"><span class="__cf_email__" data-cfemail="bbf6dac9d8d2da95fa95f6dedfd2d5dafbcec8d8dc95d6d2d7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On July 17, 2020, the Coast Guard published a final rule titled
``Regulated Navigation Area: Harbor Entrances Along the Coast of
Northern California'' at 85 FR 43437 that added 33 CFR 165.1196. That
rule established a RNA at the harbor entrance of Crescent City,
California. Since publishing the previous rule, the Eleventh Coast
Guard District was contacted by the National Oceanographic and
Atmospheric Administration (NOAA) Marine Chart Division, part of the
Nautical Data Branch of the Office of Coast Survey of the National
Ocean Service. The NOAA Marine Chart Division brought to the Coast
Guard's attention that the geographic coordinates for the RNA at the
harbor entrance of Crescent City appeared to incorrectly capture the
entirety of the harbor entrance. The Coast Guard agreed, and worked
with the NOAA Marine Chart Division to develop new coordinates that
properly capture the entirety of the harbor entrance of Crescent City.
On November 30, 2020, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Regulated Navigation Areas; Harbor Entrances
Along the Coast of Northern California'' (85 FR 76502). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to the update of the geographic coordinates of the
harbor entrance of Crescent City. During the comment period that ended
December 30, 2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Commander of the Eleventh Coast
Guard District has determined that there is a need to amend the
Regulated Navigation Area: Harbor Entrances along the Coast of Northern
California at 33 CFR 165.1196 to update the geographic coordinates of
the harbor entrance to Crescent City.
IV. Discussion of Comments, Changes and the Rule
As noted above, we received no comments on our NPRM published on
November 30, 2020.
This rule corrects the geographic coordinates listed in the RNA of
the harbor entrance to Crescent City. The updated coordinates do not
materially affect the size or the general geographic location of the
RNA. Instead, the updated coordinates correct an issue raised by the
NOAA Marine Chart Division. Specifically, the updated coordinates fully
and properly capture the entirety of the harbor entrance to Crescent
City.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
economic impact of this rule's amendment. The final rule will merely
update geographic coordinates. It has no bearing on the impact or the
effective period of the current RNA.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
[[Page 31167]]
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit
through the RNA in the area represented by the updated coordinates at
the harbor entrance of Crescent City may be small entities, for the
reasons states in section V.A. above, this rule will not have a
significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a RNA
that will prohibit the transit of maritime traffic in times of unsafe
conditions. It is categorically excluded from further review under
paragraph L60[a] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 165.1196 by revising paragraph (a)(3) to read as
follows:
Sec. 165.1196 Regulated Navigation Areas; Harbor Entrances along the
Coast of Northern California.
(a) * * *
(3) Crescent City Harbor Entrance Channel: The navigable waters of
the Crescent City Harbor Entrance Channel enclosed by the following
coordinates:
(i) 41[deg]43'50'' N, 124[deg]11'27'' W (Point A)
(ii) 41[deg]44'12''N, 124[deg]11'42'' W (Point B)
(iii) 41[deg]44'26'' N, 124[deg]10'55'' W (Point C)
(iv) 41[deg]44'13'' N, 124[deg]10'20'' W (Point D); and
(v) Thence back to Point A, in Crescent City, CA (NAD 83).
* * * * *
Dated: April 19, 2021.
Brian K. Penoyer,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard District Eleven.
[FR Doc. 2021-12300 Filed 6-10-21; 8:45 am]
BILLING CODE 9110-04-P
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