[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Rules and Regulations]
[Pages 40723-40725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14573]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0553]
RIN 1625-AA00


Safety Zone; Pacific Gas and Electric Radiological Barrier 
Maintenance, 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 safety zone for 
navigable waters of Humboldt Bay in Eureka, CA, in support of the 
Pacific Gas and Electric Radiological Barrier Maintenance on July 13, 
2022. The safety zone is needed to protect personnel, vessels, and the 
marine environment from potential hazards created by the dangers 
associated with the maintenance, such as radiation exposure. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without the 
permission of the Captain of the Port San Francisco or a designated 
representative.

DATES: This rule is effective from 7 a.m. until 5 p.m. on July 13, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0553 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 Lieutenant Anthony Solares, Sector San Francisco 
Waterways Management Division, U.S. Coast Guard; telephone 415-399-
3585, email <a href="/cdn-cgi/l/email-protection#83d0c5d4e2f7e6f1f4e2faf0c3f6f0e0e4adeeeaef"><span class="__cf_email__" data-cfemail="61322736001504131600181221141202064f0c080d">[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

[[Page 40724]]

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) 
with respect to this rule because the Coast Guard did not receive final 
details for this project until June 24, 2022. It is impracticable to go 
through the full notice and comment rule making process because the 
Coast Guard must establish this safety zone by July 13, 2022, and lacks 
sufficient time to provide a reasonable comment period and to consider 
those comments before issuing the 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 immediate action 
is necessary to protect personnel, vessels, and the marine environment 
from the potential safety hazards created by the radiological barrier 
maintenance beginning on July 13, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San 
Francisco (COTP) has determined that potential hazards associated with 
the movement of radiological shielding barriers starting July 13, 2022, 
will be a safety concern for anyone within 200-meters of position: 
40[deg]44'31'' N, 124[deg]12'39'' W (NAD83). For this reason, this 
temporary safety zone is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone for 
the duration of the barrier maintenance.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. until 5 p.m. on 
July 13, 2022. The safety zone will cover all navigable waters within 
200-meters of position: 40[deg]44'31'' N, 124[deg]12'39'' W (North 
American Datum 83 (NAD83)). The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while radiological material is exposed. A 22,700 pound 
lid to one of six fortified storage casks, containing spent nuclear 
fuel rods, be lifted for inspection. No vessel or person will be 
permitted to enter into, transit through, or remain in the safety zone 
without obtaining permission from the COTP or a designated 
representative. A ``designated representative'' means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel, or a Federal, State, or 
local officer designated by or assisting the COTP in the enforcement of 
the safety zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and 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 size, 
location, duration, and time-of-day of the safety zone. This safety 
zone will impact a small designated area of Humboldt Bay in Eureka, CA. 
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone. Any vessels or persons 
desiring to transit through or around the temporary safety zone may do 
so upon express permission from the COTP or the COTP's designated 
representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
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

[[Page 40725]]

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 
temporary safety zone lasting ten hours over a single day operation 
period that will prohibit entry within 200-meters of position: 
40[deg]44'31'' N, 124[deg]12'39'' W (NAD83). 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, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-105 to read as follows:


Sec.  165.T11-105  Safety Zone; Pacific Gas and Electric Radiological 
Barrier Maintenance, Eureka, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters of Humboldt Bay in Eureka, CA, from surface to bottom, within a 
circle formed by connection of all points 200-meters from position: 
40[deg]44'31'' N, 124[deg]12'39'' W (NAD83) or as announced via 
Broadcast Notice to Mariners. These coordinates are based on North 
American Datum 83 (NAD 83).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel, or a 
Federal, State, and Local officer designated by or assisting the 
Captain of the Port San Francisco (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) During the enforcement periods, the safety zone is closed to 
all vessel traffic, except as may be permitted by the COTP or the 
COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Persons and vessels may request permission to enter the 
safety zone on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Enforcement periods. This section will be enforced from 7 a.m. 
until 5 p.m. on July, 13, 2022.
    (e) Information broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which this zone will be enforced, in accordance with Sec.  165.7.

    Dated: July 1, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-14573 Filed 7-7-22; 8:45 am]
BILLING CODE 9110-04-P


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