Safety Zone; M/V DAVY CROCKETT, Columbia River, 73511-73513 [2011-30697]
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Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Rules and Regulations
The General Edwards Bridge, across
the Saugus River at mile 1.7 between
Lynn and Revere, Massachusetts, has a
vertical clearance in the closed position
of 27 feet at mean high water and 36 feet
at mean low water. The drawbridge
operation regulations are listed at 33
CFR 117.618(b).
The waterway users are recreational
vessels of various sizes. The bridge
opened only 9 times between November
and April since 2002 and there were no
openings between November and April
in 2010. During the winter months the
bridge rarely opens since the
recreational vessels that transit this
waterway are normally in winter
storage.
The owner of the bridge,
Massachusetts Department of
Transportation, requested a temporary
deviation from the regulations to help
facilitate rehabilitation at the bridge.
Under this temporary deviation the
General Edwards Bridge shall operate as
follows: From November 21, 2011
through April 24, 2012, the draw shall
open after at least a 48 hour advance
notice is given by calling the
Massachusetts DOT Highway
Operations Center at 1–(800) 227–0608.
Vessels that can pass under the bridge
in the closed position may do so at any
time.
The Coast Guard believes that this
temporary deviation should meet the
reasonable needs of navigation because
the mariners that normally use this
bridge are recreational vessels that do
not operate during the winter months
when this deviation will be in effect.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: November 16, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2011–30720 Filed 11–28–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
pmangrum on DSK3VPTVN1PROD with RULES
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0939]
RIN 1625–AA00
Safety Zone; M/V DAVY CROCKETT,
Columbia River
AGENCY:
Coast Guard, DHS.
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14:37 Nov 28, 2011
Jkt 226001
ACTION:
Temporary final rule.
The U.S. Coast Guard is
extending the enforcement period of a
safety zone established on the waters of
the Columbia River surrounding the
remaining cofferdam at the M/V DAVY
CROCKETT removal sight at
approximate river mile 117. The original
safety zone was established on January
28, 2011. The safety zone continues to
be necessary to help ensure the safety of
the response workers and maritime
public while they conduct the removal
of the cofferdam. All persons and
vessels are prohibited from entering or
remaining in the safety zone unless
authorized by the Captain of the Port,
Columbia River or his designated
representative.
DATES: This rule is effective from
November 29, 2011 through November
30, 2011. This rule is effective with
actual notice for purposes of
enforcement on November 1, 2011. This
rule will remain in effect through
November 30, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0939 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0939 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email BM1 Silvestre Suga,
Waterways Management Division,
Marine Safety Unit Portland, Coast
Guard; telephone (503) 240–9319, email
Silvestre.G.Suga@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
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.’’ Under 5 U.S.C.
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73511
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 to do
so would be contrary to public interest.
The safety zone remains urgently
necessary to help ensure the safety of
the response workers and the maritime
public due to the ongoing cofferdam
removal operations and site cleanup.
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 because the safety zone
continues to be immediately necessary
to help ensure the safety of the response
workers and the maritime public due to
the cofferdam removal operations.
Additionally, the consequences of the
reduced publication notice is
diminished by the fact that a safety zone
has already been in place at this
location.
Background and Purpose
The remaining cofferdam at the M/V
DAVY CROCKETT removal site is
located on the Washington State side of
the Columbia River at approximately
river mile 117. The Coast Guard, other
state and federal agencies, and federal
contractors are conducting cofferdam
removal operations. The cofferdam
removal operations require a minimal
wake in the vicinity of the cofferdam to
help ensure the safety of response
workers. Only authorized persons and/
or vessels can be safely allowed in the
worksite cleanup area.
A 300 ft safety zone is necessary to
keep vessels clear of the cofferdam
removal operations. The previous 300 ft
safety zone will expire on October 31,
2011.
Discussion of Rule
The Coast Guard is extending the
enforcement of the safety zone created
by this rule until November 30, 2011.
The safety zone will cover all waters of
the Columbia River encompassed within
the following four points: point one at
45°34′59.74″ N/122°28′35.00″ W on the
Washington bank of the Columbia River
then proceeding into the river to point
two at 45°34′51.42″ N/122°28′35.47″ W,
then proceeding upriver to the third
point at 45°34′51.02″ N/122°28′07.32″
W, then proceeding to the shoreline to
the fourth point on the Washington
Bank at 45°34′56.06″ N/122°28′07.36″
W, then back along the shoreline to
point one. Geographically, this
encompasses all the waters within an
area starting at approximately 300 ft
upriver from the cofferdam removal area
extending to 300 ft abreast of the
cofferdam removal area and then ending
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73512
Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Rules and Regulations
300 ft down river of the cofferdam
removal area.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
pmangrum on DSK3VPTVN1PROD with RULES
Regulatory Planning and Review
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.
The Coast Guard has made this
determination based on the fact that the
safety zones created by this rule will not
significantly affect the maritime public
because the areas covered are limited in
size and/or have little commercial or
recreational activity. In addition, vessels
may enter the safety zones with the
permission of the Captain of the Port,
Columbia River 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 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: the owners and operators of
vessels intending to operate in the areas
covered by the safety zones created in
this rule. The safety zones will not have
a significant economic impact on a
substantial number of small entities
because the areas covered are limited in
size. In addition, vessels may enter the
safety zones with the permission of the
Captain of the Port, Columbia River or
his designated representative.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
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14:37 Nov 28, 2011
Jkt 226001
understanding the rule so that they can
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
1–888–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.
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 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 (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.
Taking of Private Property
This rule will not cause 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, eliminates
ambiguity, and reduce burden.
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Fmt 4700
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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
does not create an environmental risk to
health or risk to safety that may
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
Department of Homeland Security
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Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Rules and Regulations
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the creation of safety zones. An
environmental analysis checklist and a
categorical exclusion determination will
be available in the docket where
indicated under ADDRESSES.
remain in the safety zone created in this
section or bring, cause to be brought, or
allow to remain in the safety zone
created in this section any vehicle,
vessel, or object unless authorized by
the Captain of the Port, Columbia River
or his designated representative.
(c) Enforcement Period. The safety
zone created in this section will be in
effect from November 1, 2011 through
November 30, 2011 unless cancelled
sooner by the Captain of the Port,
Columbia River.
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:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. 110207103–1113–01]
National Oceanic and Atmospheric
Administration
50 CFR Part 679
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Revise § 165.T13–175 to read as
follows:
■
pmangrum on DSK3VPTVN1PROD with RULES
§ 165.T13–175 Safety Zone; M/V DAVY
CROCKETT, Columbia River
(a) Location: The following area is a
safety zone:
(1) All waters of the Columbia River
encompassed within the following four
points: point one at 45°34′59.74″ N/
122°28′35.00″ W on the Washington
bank of the Columbia River then
proceeding into the river to point two at
45°34′51.42″ N/122°28′35.47″ W, then
proceeding upriver to the third point at
45°34′51.02″ N/122°28′07.32″ W, then
proceeding to the shoreline to the fourth
point on the Washington Bank at
45°34′56.06″ N/122°28′07.36″ W, then
back along the shoreline to point one.
Geographically this encompasses all the
waters within an area starting at
approximately 300 ft upriver from the
cofferdam removal area extending to
300 ft abreast of the cofferdam removal
area and then ending 300 ft down river
of the cofferdam removal area.
(2) [Reserved]
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no person may enter or
14:37 Nov 28, 2011
Jkt 226001
[FR Doc. 2011–30697 Filed 11–28–11; 8:45 am]
DEPARTMENT OF COMMERCE
■
VerDate Mar<15>2010
Dated: October 28, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
RIN 0648–AY65
Fisheries of the Exclusive Economic
Zone Off Alaska; Revisions to Pacific
Cod Fishing in the Parallel Fishery in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
limit access of Federally permitted pot
and hook-and-line catcher/processors
(C/Ps) to the Pacific cod fishery in
Alaska State waters within 3 nautical
miles of shore adjacent to the Bering Sea
and Aleutian Islands management area
(BSAI). The affected fishery is
commonly known as the ‘‘parallel’’
fishery. The parallel fishery is managed
by the State of Alaska concurrent with
the Federal pot and hook-and-line
fishery for Pacific cod in the BSAI. This
rule limits access by Federally
permitted vessels to the parallel fishery
for Pacific cod in three ways. First, it
requires an owner of a Federally
permitted pot or hook-and-line C/P
vessel used to catch Pacific cod in the
State of Alaska parallel fishery to be
issued the same endorsements on his or
her Federal fisheries permit (FFP) or
license limitation program (LLP) license
as currently are required for catching
Pacific cod in the Federal waters of the
BSAI. Second, it provides that the
SUMMARY:
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73513
owner of a pot or hook-and-line C/P
vessel who surrenders an FFP will not
be reissued a new FFP for that vessel
within the 3-year term of the permit.
Third, it requires an operator of any
Federally permitted pot or hook-andline C/P vessel used to catch Pacific cod
in the parallel fishery to comply with
the same seasonal closures of Pacific
cod that apply in the Federal fishery.
These three measures are necessary to
limit some C/Ps from catching a greater
amount of Pacific cod in the parallel
fishery than has been allocated to their
sector from the BSAI total allowable
catch. Maintaining Pacific cod catch
amounts within BSAI sector allocations
also will reduce the potential for
shortened Pacific cod seasons for C/Ps
in the Federal fishery. These three
measures will improve the effectiveness
of NMFS’ catch accounting and
monitoring requirements on vessels
participating in the parallel fishery. This
action is intended to promote the goals
and objectives of the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area, the Magnuson–
Stevens Fishery Conservation and
Management Act, and other applicable
laws.
DATES: Effective January 1, 2012.
ADDRESSES: Electronic copies of this
rule, the Environmental Assessment
(EA), Regulatory Impact Review (RIR),
and Final Regulatory Flexibility
Analysis (FRFA) may be obtained from
the Alaska Region Web site at https://
alaskafisheries.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted by mail to NMFS,
Alaska Region, P.O. Box 21668, Juneau,
AK 99802–1668, Attn: Ellen Sebastian,
Records Officer; in person at NMFS,
Alaska Region, 709 West 9th Street,
Room 420A, Juneau, Alaska; and by
email to
OIRA_Submission@omb.eop.gov, or by
fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT: Jeff
Hartman, (907) 586–7442.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
exclusive economic zone (EEZ) of the
Bering Sea and Aleutian Islands
management area (BSAI) under the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The North Pacific Fishery
Management Council prepared the FMP
pursuant to the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), 16 U.S.C.
E:\FR\FM\29NOR1.SGM
29NOR1
]]>Agencies
[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73511-73513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30697]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0939]
RIN 1625-AA00
Safety Zone; M/V DAVY CROCKETT, Columbia River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Coast Guard is extending the enforcement period of a
safety zone established on the waters of the Columbia River surrounding
the remaining cofferdam at the M/V DAVY CROCKETT removal sight at
approximate river mile 117. The original safety zone was established on
January 28, 2011. The safety zone continues to be necessary to help
ensure the safety of the response workers and maritime public while
they conduct the removal of the cofferdam. All persons and vessels are
prohibited from entering or remaining in the safety zone unless
authorized by the Captain of the Port, Columbia River or his designated
representative.
DATES: This rule is effective from November 29, 2011 through November
30, 2011. This rule is effective with actual notice for purposes of
enforcement on November 1, 2011. This rule will remain in effect
through November 30, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0939 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0939 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email BM1 Silvestre Suga, Waterways Management
Division, Marine Safety Unit Portland, Coast Guard; telephone (503)
240-9319, email Silvestre.G.Suga@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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.'' 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 to do so would be contrary to public
interest. The safety zone remains urgently necessary to help ensure the
safety of the response workers and the maritime public due to the
ongoing cofferdam removal operations and site cleanup.
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 because the safety zone continues
to be immediately necessary to help ensure the safety of the response
workers and the maritime public due to the cofferdam removal
operations. Additionally, the consequences of the reduced publication
notice is diminished by the fact that a safety zone has already been in
place at this location.
Background and Purpose
The remaining cofferdam at the M/V DAVY CROCKETT removal site is
located on the Washington State side of the Columbia River at
approximately river mile 117. The Coast Guard, other state and federal
agencies, and federal contractors are conducting cofferdam removal
operations. The cofferdam removal operations require a minimal wake in
the vicinity of the cofferdam to help ensure the safety of response
workers. Only authorized persons and/or vessels can be safely allowed
in the worksite cleanup area.
A 300 ft safety zone is necessary to keep vessels clear of the
cofferdam removal operations. The previous 300 ft safety zone will
expire on October 31, 2011.
Discussion of Rule
The Coast Guard is extending the enforcement of the safety zone
created by this rule until November 30, 2011. The safety zone will
cover all waters of the Columbia River encompassed within the following
four points: point one at 45[deg]34'59.74'' N/122[deg]28'35.00'' W on
the Washington bank of the Columbia River then proceeding into the
river to point two at 45[deg]34'51.42'' N/122[deg]28'35.47'' W, then
proceeding upriver to the third point at 45[deg]34'51.02'' N/
122[deg]28'07.32'' W, then proceeding to the shoreline to the fourth
point on the Washington Bank at 45[deg]34'56.06'' N/122[deg]28'07.36''
W, then back along the shoreline to point one. Geographically, this
encompasses all the waters within an area starting at approximately 300
ft upriver from the cofferdam removal area extending to 300 ft abreast
of the cofferdam removal area and then ending
[[Page 73512]]
300 ft down river of the cofferdam removal area.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
The Coast Guard has made this determination based on the fact that
the safety zones created by this rule will not significantly affect the
maritime public because the areas covered are limited in size and/or
have little commercial or recreational activity. In addition, vessels
may enter the safety zones with the permission of the Captain of the
Port, Columbia River 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 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: the owners and operators of vessels intending to
operate in the areas covered by the safety zones created in this rule.
The safety zones will not have a significant economic impact on a
substantial number of small entities because the areas covered are
limited in size. In addition, vessels may enter the safety zones with
the permission of the Captain of the Port, Columbia River or his
designated representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 1-888-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.
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 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 (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.
Taking of Private Property
This rule will not cause 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,
eliminates 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 does not create an
environmental risk to health or risk to safety that may
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 Department of Homeland Security
[[Page 73513]]
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the creation of safety zones. An
environmental analysis checklist and a categorical exclusion
determination will be 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, 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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.T13-175 to read as follows:
Sec. 165.T13-175 Safety Zone; M/V DAVY CROCKETT, Columbia River
(a) Location: The following area is a safety zone:
(1) All waters of the Columbia River encompassed within the
following four points: point one at 45[deg]34'59.74'' N/
122[deg]28'35.00'' W on the Washington bank of the Columbia River then
proceeding into the river to point two at 45[deg]34'51.42'' N/
122[deg]28'35.47'' W, then proceeding upriver to the third point at
45[deg]34'51.02'' N/122[deg]28'07.32'' W, then proceeding to the
shoreline to the fourth point on the Washington Bank at
45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the shoreline
to point one. Geographically this encompasses all the waters within an
area starting at approximately 300 ft upriver from the cofferdam
removal area extending to 300 ft abreast of the cofferdam removal area
and then ending 300 ft down river of the cofferdam removal area.
(2) [Reserved]
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port, Columbia River
or his designated representative.
(c) Enforcement Period. The safety zone created in this section
will be in effect from November 1, 2011 through November 30, 2011
unless cancelled sooner by the Captain of the Port, Columbia River.
Dated: October 28, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-30697 Filed 11-28-11; 8:45 am]
BILLING CODE 9110-04-P
