Rule2022-22431
Special Local Regulation; Eureka Concert Spectator Area, Eureka Channel, Eureka, CA
Primary source
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Published
October 14, 2022
Effective
October 16, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary local regulation for the navigable waters of Eureka Channel, in the vicinity of Woodley Island, in support of an onshore concert with spectator vessels. This special local regulation is necessary to protect the safety of life on these navigable waters and to ensure the safety of mariners transiting the area from the dangers associated with the large gathering of on water concert spectators. This special local regulation will temporarily establish the spectator area and safe access lane to be used for transit and emergency response access. This regulation is necessary to provide safety of life on the navigable waters during the event, which will be held on October 16, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 198 (Friday, October 14, 2022)</title>
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[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Rules and Regulations]
[Pages 62308-62310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22431]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0795]
RIN 1625-AA08
Special Local Regulation; Eureka Concert Spectator Area, Eureka
Channel, Eureka, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary local regulation
for the navigable waters of Eureka Channel, in the vicinity of Woodley
Island, in support of an onshore concert with spectator vessels. This
special local regulation is necessary to protect the safety of life on
these navigable waters and to ensure the safety of mariners transiting
the area from the dangers associated with the large gathering of on
water concert spectators. This special local regulation will
temporarily establish the spectator area and safe access lane to be
used for transit and emergency response access. This regulation is
necessary to provide safety of life on the navigable waters during the
event, which will be held on October 16, 2022.
DATES: This rule is effective on October 16, 2022 from 11 a.m. until 7
p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG
2022-0795 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT William Harris, Waterways Management, U.S. Coast
Guard; telephone (415) 399-7440, email <a href="/cdn-cgi/l/email-protection#feadb8a99f8a9b8c899f878dbe8b8d9d99d0939792"><span class="__cf_email__" data-cfemail="feadb8a99f8a9b8c899f878dbe8b8d9d99d0939792">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
because it would be impracticable to do so. This rule must be effective
on October 16, 2022, so we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing this
rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because the rule must be
effective on October 16, 2022, to ensure the safety of the participants
and vessels during the Concert Event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1233). The Captain of the Port Sector San
Francisco (COTP) has determined that potential hazards associated with
a large gathering of on water concert spectators on October 16, 2022,
will be a safety concern for anyone within the Eureka Channel. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the special local regulation
while the event is taking place.
IV. Discussion of the Rule
This rule establishes a special local regulation from 11 a.m. until
7 p.m. on October 16, 2022. This special local regulation involves a
designated event anchorage in the vicinity of Woodley Island Marine.
The event anchorage area will be established from a point along the
southeastern shore of Woodley Island at 40[deg]48'34.5'' N,
124[deg]9'19.7'' W; thence along the Samoa Bridge to 40[deg]48'30.3''
N, 124[deg]9'15.7''; thence along the shore to 40[deg]48'24.2'' N,
124[deg]9'30.6'' W; thence to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W
and thence to the point of beginning. No vessel may moor or anchor
within 50 yards of the southernmost shoreline to allow access for
emergency vessels. This special local regulation also involves a no
loitering zone to reduce congregating in Eureka Channel during this
concert event from a point along the southwestern shore or Woodley
Island at 40[deg]48'28.0'' N, 124[deg]10'0.0'' W; thence
[[Page 62309]]
along the shore to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W; thence to
40[deg]48'24.2'' N, 124[deg]9'30.6'' W; thence along the shore to
40[deg]48'21.9'' N, 124[deg]9'59.9'' W and thence to the point of
beginning.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and the time-of-day of the special local
regulation. This special local regulation would impact a small
designated area of the Eureka Channel for a short duration. Moreover
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This special local
regulation involves a designated event anchorage from a point along the
southeastern shore of Woodley Island at 40[deg]48'34.5'' N,
124[deg]9'19.7'' W; thence along the Samoa Bridge to 40[deg]48'30.3''
N, 124[deg]9'15.7''; thence along the shore to 40[deg]48'24.2'' N,
124[deg]9'30.6'' W; thence to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W
and thence to the point of beginning. This special local regulation
also involves a no loitering zone to reduce congregating in Eureka
Channel during this concert event from a point along the southwestern
shore or Woodley Island at 40[deg]48'28.0'' N, 124[deg]10'0.0'' W;
thence along the shore to 40[deg]48'29.4'' N, 124[deg]9'32.8'' W;
thence to 40[deg]48'24.2'' N, 124[deg]9'30.6'' W; thence along the
shore to 40[deg]48'21.9'' N, 124[deg]9'59.9'' W and thence to the point
of beginning. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Memorandum For Record supporting this determination
is available in the docket. For instructions on locating the docket,
see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
[[Page 62310]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T11-113 to read as follows:
Sec. 100.T11-113 Special Local Regulation; Eureka Concert Spectator
Area, Eureka Channel, Eureka, CA.
(a) Regulated area. This special local regulation involves a
designated event anchorage from a point along the southeastern shore of
Woodley Island at 40[deg]48'34.5'' N, 124[deg]9'19.7'' W; thence along
the Samoa Bridge to 40[deg]48'30.3'' N, 124[deg]9'15.7''; thence along
the shore to 40[deg]48'24.2'' N, 124[deg]9'30.6'' W; thence to
40[deg]48'29.4'' N, 124[deg]9'32.8'' W and thence to the point of
beginning. No vessel may moor or anchor within 50 yards of the
southernmost shoreline to allow access for emergency vessels. This
special local regulation also involves a no-loitering zone to reduce
congregating in Eureka Channel during this concert event from a point
along the southwestern shore or Woodley Island at 40[deg]48'28.0'' N,
124[deg]10'0.0'' W; thence along the shore to 40[deg]48'29.4'' N,
124[deg]9'32.8'' W; thence to 40[deg]48'24.2'' N, 124[deg]9'30.6'' W;
thence along the shore to 40[deg]48'21.9'' N, 124[deg]9'59.9'' W and
thence to the point of beginning.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port San Francisco (COTP)
in the enforcement of the regulations in this section.
(c) Regulations. All attendees are allowed to anchor within the
designated event anchorage and are restricted from remaining within the
regulated no-loitering area described in paragraph (a) of this section
unless authorized by the Captain of the Port San Francisco or their
designated representative.
(2) To seek permission to access or for inquiries, contact the COTP
or the COTP's representative by VHF Channel 22A (157.100 mhz). Those in
the regulated area must comply with all lawful orders or directions
given to them by the COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 11 a.m.
to 7 p.m. on October 16, 2022.
Dated: October 7, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-22431 Filed 10-13-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.