49490 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 

section can be contacted on Marine 

Band Radio VHF Channel 16 (156.8 

MHz) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light, or other means, the person or 

vessel shall proceed as directed. If 

permission is granted, all persons or 

vessels must comply with the 

instructions of the Captain of the Port, 

Baltimore, Maryland, and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State and local agencies. 

(e) Effective period. This section will 

be enforced from 2 p.m. to 7 p.m. local 

time on September 9, 2005.

Dated: August 11, 2005. 

Curtis A. Springer, 

Captain, U.S. Coast Guard, Captain of the 

Port, Baltimore, Maryland.

[FR Doc. 05–16792 Filed 8–23–05; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165

[CGD11–05–006] 

RIN 1625–AA11

Regulated Navigation Area; Humboldt 

Bay Bar Channel and Humboldt Bay 

Entrance Channel, Humboldt Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is 

establishing the Humboldt Bay Bar 

Channel and the Humboldt Bay 

Entrance Channel as a Regulated 

Navigation Area (RNA) for certain 

commercial vessels transporting oil or 

hazardous material as cargo. This action 

is necessary to reduce significant 

hazards to subject vessels, the port and 

the public that are present during 

periods of poor weather conditions. The 

RNA codifies existing Captain of the 

Port San Francisco Bay (COTP) policies 

for vessels transporting oil or certain 

dangerous cargoes in bulk within 

Humboldt Bay.

DATES: This rule is effective starting at 

12:01 a.m. on September 23, 2005.

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket are part of 

docket CGD11–05–006 and are available 

for inspection or copying at the 

Waterways Branch of the Marine Safety 

Office San Francisco Bay, Coast Guard 

Island, Alameda, California 94501, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Ian Callander, Waterways 

Management Branch, U.S. Coast Guard 

Marine Safety Office San Francisco Bay, 

and (510) 437–3401.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 13, 2005, we published a 

Notice of Proposed Rule Making 

(NPRM) entitled, Regulated Navigation 

Area; Humboldt Bay Bar Channel and 

Humboldt Bay Entrance Channel, 

Humboldt Bay, CA, in the Federal 

Register (70 FR 25511). We received one 

comment on the proposed rule. No 

public meeting was requested, and none 

was held. 

Vessels or persons violating this 

section are subject to the penalties set 

forth in 33 U.S.C. 1232 and 50 U.S.C. 

192. Pursuant to 33 U.S.C. 1232, any 

violation of the security zone described 

herein is punishable by civil penalties 

(not to exceed $32,500 per violation, 

where each day of a continuing 

violation is a separate violation), 

criminal penalties (imprisonment up to 

6 years and a maximum fine of 

$250,000) and in rem liability against 

the offending vessel. Any person who 

violates this section using a dangerous 

weapon, or who engages in conduct that 

causes bodily injury or fear of imminent 

bodily injury to any officer authorized 

to enforce this regulation also faces 

imprisonment up to 12 years. Vessels or 

persons violating this section are also 

subject to the penalties set forth in 50 

U.S.C. 192: seizure and forfeiture of the 

vessel to the United States, a maximum 

criminal fine of $10,000, and 

imprisonment up to 10 years. 

The Sector Commander will enforce 

this regulation and has the authority, as 

delegated by the Captain of the Port, San 

Francisco Bay, to take steps necessary to 

ensure the safe transit of vessels in 

Humboldt Bay. The Sector Commander 

can enlist the aid and cooperation of 

any Federal, State, county, and 

municipal agency to assist in the 

enforcement of the regulation. 

Background and Purpose 

Because Humboldt Bay has a breaking 

bar, a narrow entrance channel, and no 

general anchorages within the bay, 

transits of this area present significant 

hazards to vessels carrying oil or 

hazardous material as cargo. The 

potential hazards to the subject vessels 

and the consequences of casualties 

involving commercial vessels carrying 

oil or hazardous material as cargo 

warrant special procedures to reduce 

the potential for a collision or grounding 

and any subsequent release of a cargo 

covered by this regulation. 

In this particular rulemaking, the 

Coast Guard designates an area around 

the Humboldt Bay Bar as an RNA for the 

following purposes: (1) To establish the 

Coast Guard’s authority to prohibit 

vessels carrying oil or hazardous 

material as cargo from crossing the bar 

during unsafe conditions, (2) to 

establish waiver, notice, and vessel 

escort policies, and (3) to delegate the 

authority for enforcing these regulations 

to the Sector/Air Station Humboldt Bay 

Commander. 

Discussion of Comments and Changes 

We received one comment on the 

proposed rule. No public hearing was 

requested, and none was held. The 

comment we received noted that Group 

Humboldt Bay would be stood-down 

and incorporated into Sector/Air Station 

Humboldt Bay prior to the publishing of 

this final rule. ‘Group Humboldt Bay’ 

and ‘Group Commander’ have been 

replaced with ‘Sector/Air Station 

Humboldt Bay’ and ‘Sector Commander’ 

respectively in this final rule. Because 

this change does not have a substantive 

impact on the regulation, we feel that 

making this change does not warrant an 

extension to the public comment period 

provided by the NPRM. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. The effect of this 

regulation would not be significant for 

the following reasons: (1) Very few 

vessels carrying oil or certain dangerous 

cargoes transit the Humboldt Bay area, 

and (2) those vessels carrying oil or 

hazardous material as cargo have been 

complying with the COTP advisories 

that established the same procedures 

that are established in this regulation. 

Therefore, this rule would be a 

continuation of the already established 

policy of monitoring the entrance and 

departure of the above-mentioned 

Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 49491

vessels. In addition, vessels will 

continue to be allowed to enter on a 

case-by-case basis with prior permission 

of the Sector Commander or his 

designated representative.

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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 is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. The effect of this rule on small 

entities would not be significant for the 

following reasons: (1) Very few vessels 

carrying oil or hazardous material as 

cargo transit the Humboldt Bay area, 

and (2) those vessels carrying oil or 

hazardous material as cargo have been 

complying with the COTP advisories 

that established the same procedures 

that are being established by this 

regulation. In addition, the regulation 

would still allow the regulated vessels 

to complete transits of the bar under 

favorable weather conditions, and the 

Sector Commander would continue to 

grant entrance waivers on a case-by-case 

basis. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

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–

800–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 or more in any one year. 

Though this rule would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation because it would 

establish an RNA.

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ (CED) are 

available in the docket where indicated 

under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Waterways.

49492 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 

n 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

n 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

n 2. Add § 165.1195, to read as follows:

§ 165.1195 Regulated Navigation Area; 

Humboldt Bay Bar Channel and Humboldt 

Bay Entrance Channel, Humboldt Bay, 

California. 

(a) Location. The Regulated 

Navigation Area (RNA) includes all 

navigable waters of the Humboldt Bay 

Bar Channel and the Humboldt Bay 

Entrance Channel, Humboldt Bay, 

California. 

(b) Definitions. As used in this 

section— 

COTP means the Captain of the Port 

as defined in Title 33, Code of Federal 

Regulations, Section 1.01–30 and 3.55–

20. 

Sector means Coast Guard Sector/Air 

Station Humboldt Bay. 

Sector Commander means the 

Commanding Officer of Coast Guard 

Sector/Air Station Humboldt Bay. 

Hazardous Material means any of the 

materials or substances listed in 46 CFR 

153.40. 

Humboldt Bay Area means the area 

described in the location section of this 

regulation. 

Oil means oil of any kind or in any 

form, including but not limited to, 

petroleum, fuel oil, sludge, oil refuse, 

and oil mixed with wastes other than 

dredged spoil. 

Station means Coast Guard Station 

Humboldt Bay. 

Tank Vessel means any vessel that is 

constructed or adapted to carry, or that 

carries, oil or hazardous material in bulk 

as cargo or cargo residue. 

(c) Applicability. These regulations 

apply to the owners and operators of 

tank vessels transporting oil or 

hazardous material as cargo within the 

Humboldt Bay Area. 

(d) Regulations. (1) In addition to the 

arrival and departure notification 

requirements listed in title 33 CFR, part 

160, Ports and Waterways Safety—

General, subpart C—Notifications of 

‘‘Arrivals, Departures, Hazardous 

Conditions, and Certain Dangerous 

Cargoes’’, the owner, master, agent or 

person in charge of a vessel to which 

this notice applies shall obtain 

permission to cross within four hours of 

crossing the Humboldt Bay Bar. 

Between 6:30 a.m. and 10 p.m., 

notification/requests for permission can 

be made to Station Humboldt Bay on 

VHF–FM Channel 16, or at (707) 443–

2213. If between 10 p.m. and 6:30 a.m., 

or if unable to reach the Station, 

notification/requests for permission can 

be made directly to Sector/Air Station 

Humboldt Bay on VHF–FM Channel 16 

or at (707) 839–6113. 

(2) Permission for a bar crossing by 

vessels or towing vessels and their tows 

to which this regulation applies is 

dependent on environmental and safety 

factors, including but not limited to: Sea 

state, winds, visibility, size and type of 

vessel or tow, wave period, time of day/

night, and tidal currents. The final 

decision to close the bar rests with 

Humboldt Bay Sector Commander or his 

designated representative. At a 

minimum, Humboldt Bay Bar Channel 

crossings by vessels subject to this 

advisory will generally not be permitted 

unless all of the following conditions 

exist: Proper permission to cross has 

been received, sea conditions at the bar 

are less than 6 feet, winds at the bar are 

less than 30 knots, the transit will take 

place during daylight hours, the vessel 

has only a single tow or no tow, the 

visibility at the bar is greater than 1,000 

yards, and the vessel and tow are in 

proper operating condition. 

(3) If the bar is closed to vessels to 

which this regulation applies, waiver 

requests will be accepted within four 

hours of crossing the entrance channel. 

If the waiver request is made between 

6:30 a.m. and 10 p.m., the request 

should be made to Station Humboldt 

Bay on VHF–FM Channel 16, or at (707) 

443–2213. If between 10 p.m. and 6:30 

a.m., or if unable to reach the Station, 

the request can be made directly to 

Sector/Air Station Humboldt Bay on 

VHF–FM Channel 16 or at (707) 839–

6113. Waiver requests must be made by 

the vessel master and must provide the 

following: A description of the proposed 

operation, the conditions for which the 

waiver is requested, the reasons for 

requesting the waiver, the reasons that 

the requester believes the proposed 

operation can be accomplished safely, 

and a callback phone number. The 

Station or Sector Watchstander 

receiving the request will brief the 

Officer in Charge of the Station who will 

then brief the Sector Commander. The 

authority to grant waivers rests with the 

Sector Commander or his designated 

representative. 

(4) In addition to the requirements in 

paragraphs (d)(1)–(3) of this section, 

vessels transporting liquefied hazardous 

gases or compressed hazardous gases in 

bulk as cargo into or out of Humboldt 

Bay are required to be aided by two 

assist tugs. If the vessel carrying the 

gases is towed, the assist tug 

requirement is in addition to the towing 

tug. The assist tugs shall escort the 

vessel through its transit and must be 

stationed so as to provide immediate 

assistance in response to the loss of 

power or steering of the cargo vessel, its 

towing tug, or loss of control over the 

tow. 

(5) Vessels to which this regulation 

applies may be required by the Sector 

Commander or his designated 

representative to be escorted by a Coast 

Guard vessel during their transit. In 

addition, if a vessel master, agent, or 

pilot has concerns about the safety of a 

vessel’s transit through the Humboldt 

Bay Entrance Channel, a Coast Guard 

escort may be requested. Requests for an 

escort should be directed to Station on 

VHF–FM channel 16 or at (707) 443–

2213 between 6:30 a.m. and 10 p.m., or 

to Sector on VHF–FM channel 16 or at 

(707) 839–6113 if between 10 p.m. and 

6:30 a.m. 

(e) Enforcement. Acting as a 

representative of the Captain of the Port, 

the Humboldt Bay Sector Commander 

will enforce this regulation and has the 

authority to take steps necessary to 

ensure the safe transit of vessels in 

Humboldt Bay. The Sector Commander 

can enlist the aid and cooperation of 

any Federal, State, county, and 

municipal agency to assist in the 

enforcement of the regulation. All 

persons and vessels shall comply with 

the instructions of the Sector 

Commander or the designated on-scene 

patrol personnel. Patrol personnel 

comprise commissioned, warrant, and 

petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, State, and Federal law 

enforcement vessels. 

Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed.

Dated: August 8, 2005. 

K.J. Eldridge, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District.

[FR Doc. 05–16794 Filed 8–23–05; 8:45 am] 

BILLING CODE 4910–15–P