Regulated Navigation Areas; Bars Along the Coasts of Oregon and Washington, 20797-20800 [2014-08374]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative. DATES: The regulations in 33 CFR 165.801 will be enforced with actual notice on April 5, April 19, May 10, June 26, July 19, August 9, and September 20, 2014. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call or email Ronald Lipscomb, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone (412) 644–5808, email Ronald.c.lipscomb1@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone for the annual Pittsburgh Pirates Fireworks listed in 33 CFR 165.801 Table 1, Table No. 152; Sector Ohio Valley, No. 11 on August 22, 2012. Under the provisions of 33 CFR 165.801, entry into the safety zone listed in Table 1, Table No. 152; Sector Ohio Valley, No. 11 is prohibited unless authorized by the Captain of the Port or a designated representative. Persons or vessels desiring to enter into or passage through the safety zone must request permission from the Captain of the Port Pittsburgh or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port Pittsburgh or designated representative. This notice is issued under authority of 5 U.S.C. 552 (a); 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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Local Notice to Mariners and updates via Marine Information Broadcasts. If the Captain of the Port Pittsburgh or designated representative determines that the Safety Zone need not be enforced for the full duration stated in this notice of enforcement, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: March 18, 2014. L.N. Weaver, Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 177 [Docket No. USCG–2013–0216] RIN 1625–AC01 Regulated Navigation Areas; Bars Along the Coasts of Oregon and Washington Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard finalizes regulations previously published as an interim rule on July 9, 2013. In this final rule, the Coast Guard removes the wave height and surface current provisions and regulated boating areas for bar crossing locations along the coasts of Oregon and Washington because they conflict with more recently promulgated wave height provisions and regulated boating areas for the same bar crossings. This amendment is necessary in order to remove confusion as to which safety requirements apply to recreational vessels, uninspected passenger vessels, small passenger vessels, and commercial fishing vessels when operating within the regulated navigation areas. DATES: This final rule is effective May 14, 2014. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2013–0216 and are 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. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG–2013–0216 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, email or call Mr. Burt Lahn, U.S. Coast Guard Office of Navigation Standards (CG– NAV–3), email Burt.A.Lahn@uscg.mil, telephone 202–372–1526. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: [FR Doc. 2014–08382 Filed 4–11–14; 8:45 am] Table of Contents for Preamble BILLING CODE 9110–04–P I. Abbreviations VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 20797 II. Regulatory History and Information III. Basis and Purpose IV. Discussion of the Final Rule V. Discussion of Comments on the Interim Rule VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking NTSB National Transportation Safety Board RNA Regulated Navigation Area U.S.C. United States Code II. Regulatory History and Information The bars along the coasts of Oregon and Washington are a maritime operating environment unique to the Pacific Northwest. Bars are commonly defined as areas of shallow water that lead into rivers and bays. At times, bars become extremely hazardous for vessels to navigate due to strong currents and large waves that can form when strong ocean currents pass over the bars. Until 2009, the bars along the coast of Oregon and Washington were regulated in 33 CFR Part 177. On February 12, 2009, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (74 FR 7022) that proposed to establish Regulated Navigation Areas (RNAs) in 33 CFR 165.1325 for bars along the coasts of Oregon and Washington. RNAs are areas of water within a defined boundary that, for reasons of safety or environmental concerns, the Coast Guard has implemented regulations on the operation of vessels permitted inside the defined area. The proposals in the NPRM were designed to help ensure the safety of persons and vessels operating on or in the vicinity of the bars. The Coast Guard subsequently published a final rule in the Federal Register on November 17, 2009 (74 FR 59098), adopting most of the NPRM’s proposals. Certain provisions in that 2009 final rule superseded other provisions in Part 177 that governed bar crossing along the coasts of Oregon and Washington. Specifically, 33 CFR 165.1325(a) sets forth the specific locations for the RNAs that cover the bars along the Oregon and Washington coasts, and supersedes the E:\FR\FM\14APR1.SGM 14APR1 20798 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES regulated boating areas in 33 CFR 177.08. Additionally, 33 CFR 165.1325(b)(13) defines the term unsafe condition to include certain wave height conditions, and supersedes the unsafe wave height formula and surface current provisions in 33 CFR 177.07(f). The purpose of this final rule is to remove those superseded provisions from the CFR. As discussed in the 2009 NPRM, the Coast Guard determined that the wave height and surface current provisions in 33 CFR 177.07(f), and the regulated boating areas in 33 CFR 177.08, did not provide a sufficient measure of safety for persons and vessels operating in those areas. In addition, multiple Coast Guard and National Transportation Safety Board (NTSB) accident investigations indicated a need for additional regulations to mitigate the risks associated with the bars and to enhance the safety of the persons and vessels operating on and in the bars’ vicinity. Because the 2009 amendments to 33 CFR 1625.1325(a) and 1625.1325(b)(13) superceded the provisions in 33 CFR 177.07(f) and 177.08 specific to the wave height and surface current provisions and regulated boating areas for bar crossing locations along the coasts of Oregon and Washington, the Coast Guard, on July 9, 2013, issued an Interim Rule with request for comments (78 FR 40963) for the purpose of removing the superseded provisions in 33 CFR 177.07(f) and 177.08. In that Interim Rule, we explained that it was necessary to remove the wave height and surface current provisions contained in 33 CFR 177.07(f) and 177.08 specific to bar crossings along the coasts of Oregon and Washington because they conflict with the more recently promulgated regulations in 33 CFR 1625.1325. This rule finalizes the 2013 interim rule with no changes. III. Basis and Purpose Under 46 U.S.C. 4302, the Coast Guard is authorized to establish regulations to promulgate minimum safety standards and procedures for recreational vessels. Under 46 U.S.C. 4105(a), uninspected passenger vessels are also subject to Chapter 43 of Title 46, U.S. Code. This rulemaking is necessary in order to remove the wave height and surface current provisions under 33 CFR 177.07(f) and the geographic coordinates in 33 CFR 177.08 that have been superseded by 33 CFR 165.1325, to eliminate confusion regarding which provisions apply specifically to the bars along the coasts of Oregon and Washington. The regulations in 33 CFR VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 165.1325 establish clear procedures for restricting and/or closing the bars as well as mandating additional safety requirements for recreational and uninspected commercial vessels operating on or in the vicinity of the bars, when certain conditions exist. The RNAs established in 33 CFR 165.1325 help to expedite bar restrictions and closures and include a mariner notification process that helps keep vessels away from hazardous bars. The RNAs also require the use and/or making ready of safety equipment, as well as additional reporting requirements when certain conditions exist, which help safeguard the persons and vessels that operate on or in the vicinity of hazardous bars. IV. Discussion of the Final Rule Certain provisions of 33 CFR part 177, governing maritime traffic operating on and in the vicinity of the bars along the coasts of Oregon and Washington, provide insufficient safety measures for the persons and vessels that operate in those areas. As discussed in the February 12, 2009 NPRM (74 FR 7022), multiple Coast Guard and NTSB casualty investigations indicated a need for additional regulations to mitigate the risks associated with the bars and to enhance the safety of the persons and vessels operating on and in the bars’ vicinity. To fulfill this need, in 2009, the Coast Guard established the RNAs in 33 CFR 165.1325. The provisions in 33 CFR 165.1325 establish an increased measure of safety and supersede the existing provisions in 33 CFR 177.07(f) and 177.08. Accordingly, the Coast Guard, through this rule, removes the wave height provisions in 33 CFR 177.07(f)(1) and (2), the surface current provision in 33 CFR 177.07(f)(3), and the regulated boating areas in 33 CFR 177.08. V. Discussion of the Comments on the Interim Rule The Coast Guard received one comment on the interim rule. The commenter stated that the interim rule does not explain what specific changes are being made or how they are more protective than the existing regulations, and requested a table showing the difference between the existing regulations and the new language. Such a table, the commenter suggests, would make this rulemaking action more useful and would also increase the transparency of the Coast Guard’s actions. The Coast Guard reviewed the published interim rule. We do not agree that the interim rule fails to explain the specific changes effectuated by the rule. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 In the interim rule, the Coast Guard explained that the wave height and surface current restrictions in 33 CFR 177.07(f) and the geographic coordinates in 33 CFR 177.08 were in conflict with, and had been superseded by, the more recently promulgated regulations in 33 CFR 165.1325 (promulgated in a final rule in 2009, 74 FR 59098, after notice and comment on the proposed rule, 74 FR 7022). The Coast Guard further explained that the rulemaking is necessary in order to remove the provisions in 33 CFR 177.07(f) and 177.08 that conflict with 33 CFR 165.1325, and thereby remove confusion regarding which provisions apply specifically to the bars along the coasts of Oregon and Washington. Further, it is worth emphasizing that this rulemaking is not adding new regulatory provisions. For these reasons, we do not believe adding a table is necessary in order to understand the effect of this rule, nor would it add clarity to the public on the removal of the provisions in 33 CFR 177.07(f) and 177.08 that conflict with 33 CFR 165.1325. VI. Regulatory Analyses We developed this final rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final 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 does not expect any economic impact as a result of this rule because it involves removing two criteria for unsafe conditions in 33 CFR part 177 that have been superseded by 33 CFR 165.1325. E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations B. 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. This rulemaking, which finalizes a lawfully promulgated interim rule, does not require a general notice of proposed rulemaking and, therefore, is exempt from the analysis requirements of the Regulatory Flexibility Act (5 U.S.C. 604). C. Assistance for Small Entities 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 so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Burt Lahn, U.S. Coast Guard Office of Navigation Standards (CG–NAV–3), email Burt.A.Lahn@uscg.mil, telephone 202– 372–1526. 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. mstockstill on DSK4VPTVN1PROD with RULES D. 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). E. Federalism 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. Our analysis is explained below. Under 46 U.S.C. 4306, Federal regulations promulgated under the authority of 46 U.S.C. 4302 preempt State law unless the State law is identical to a Federal regulation or a State is specifically provided an VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 exemption to those regulations, or permitted to regulate marine safety articles carried or used to address a hazardous condition or circumstance unique to that State. As noted above, this rule simply removes superseded regulations regarding wave height and surface current provisions, and certain regulated boating areas from 33 CFR part 177. Additionally, there are no existing State laws that are identical to these Federal regulations, nor have the States been provided an exemption to those regulations or permitted to regulate marine safety articles. Therefore, the rule is consistent with the principles of federalism and preemption requirements in Executive Order 13132. F. 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. This rule will not result in such expenditure. G. 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.’’ H. 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. I. 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. J. 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 20799 responsibilities between the Federal Government and Indian tribes. K. 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. L. Technical Standards The National Technology Transfer and Advancement Act (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. M. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have concluded 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 is categorically excluded, under section 2.B.2, Figure 2–1, paragraph 34(g), of the Instruction because it involves regulations establishing, disestablishing, or changing RNAs. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. E:\FR\FM\14APR1.SGM 14APR1 20800 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations List of Subjects in 33 CFR Part 177 Marine safety. Title 33—Navigation and Navigable Waters PART 177—CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS For the reasons discussed in the preamble, under authority of 46 U.S.C. 4302, 4311; Pub. L. 103–206, 107 Stat. 2439, the interim rule amending 33 CFR part 177 that was published at 78 FR 40963 on July 9, 2013, is adopted as a final rule without change. Dated: March 27, 2014. Gary C. Rasicot, Director of Marine Transportation Systems, U.S. Coast Guard. [FR Doc. 2014–08374 Filed 4–11–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–9232; email address: moss.kenneth@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: 40 CFR Parts 9 and 721 I. Does this action apply to me? [EPA–HQ–OPPT–2013–0739; FRL–9909–25] A list of potentially affected entities is provided in the Federal Register of February 12, 2014 (79 FR 8273) (FRL– 9903–70). If you have questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances; Withdrawal Environmental Protection Agency (EPA). ACTION: Partial withdrawal of direct final rule. AGENCY: EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures. EPA received notices of intent to submit adverse comments on these rules. Therefore, the Agency is withdrawing these SNURs, as required under the expedited SNUR rulemaking process. EPA intends to publish in the near future proposed SNURs for these four chemical substances under separate notice and comment procedures. DATES: This final rule is effective April 14, 2014. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2013–0739, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 SUMMARY: mstockstill on DSK4VPTVN1PROD with RULES II. What direct final SNURs are being withdrawn? VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 In the Federal Register of February 12, 2014 (79 FR 8273), EPA issued several direct final SNURs, including SNURs for four chemical substances that are the subject of this withdrawal. These direct final rules were issued pursuant to the procedures in 40 CFR part 721, subpart D. In accordance with § 721.160(c)(3)(ii), EPA is withdrawing the rules issued for the chemical substances generically identified as MDI modified polyalkene glycols; acrylic acid esters polymers, reaction products with polyisocyanate; 1,3benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,4dimethyl 1,4-benzenedicarboxylate, 2,2dimethyl-1,3propanediol,dodecanedioic acid, 1,2ethanediol, hexanedioic acid, 1,6hexanediol, alkyldiol ester and aromatic isocyanate; and methylene diisocyanate polymer with polypropylene glycol and diols, which were the subject of PMNs P–13–365, P–13–392, P–13–393, and P– 13–471, respectively, because the Agency received notices of intent to submit adverse comments. EPA intends PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 to publish proposed SNURs for these chemical substances under separate notice and comment procedures. For further information regarding EPA’s expedited process for issuing SNURs, interested parties are directed to 40 CFR part 721, subpart D, and the Federal Register of July 27, 1989 (54 FR 31314). The record for the direct final SNUR for the chemical substances that are being removed was established at EPA–HQ–OPPT–2013–0739. That record includes information considered by the Agency in developing this rule and the notice of intent to submit adverse comments. III. Statutory and Executive Order Reviews This final rule revokes or eliminates an existing regulatory requirement and does not contain any new or amended requirements. As such, the Agency has determined that this withdrawal will not have any adverse impacts, economic or otherwise. The statutory and executive order review requirements applicable to the direct final rule were discussed in the Federal Register of February 12, 2014 (79 FR 8273). Those review requirements do not apply to this action because it is a withdrawal and does not contain any new or amended requirements. IV. Congressional Review Act (CRA) Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 9 Environmental protection, Reporting and recordkeeping requirements. 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: April 7, 2014. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics. Therefore, 40 CFR parts 9 and 721 are amended as follows: PART 9—[AMENDED] 1. The authority citation for part 9 continues to read as follows: ■ E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20797-20800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08374]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 177

[Docket No. USCG-2013-0216]
RIN 1625-AC01


Regulated Navigation Areas; Bars Along the Coasts of Oregon and 
Washington

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard finalizes regulations previously published as 
an interim rule on July 9, 2013. In this final rule, the Coast Guard 
removes the wave height and surface current provisions and regulated 
boating areas for bar crossing locations along the coasts of Oregon and 
Washington because they conflict with more recently promulgated wave 
height provisions and regulated boating areas for the same bar 
crossings. This amendment is necessary in order to remove confusion as 
to which safety requirements apply to recreational vessels, uninspected 
passenger vessels, small passenger vessels, and commercial fishing 
vessels when operating within the regulated navigation areas.

DATES: This final rule is effective May 14, 2014.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2013-0216 and are 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. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2013-0216 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
email or call Mr. Burt Lahn, U.S. Coast Guard Office of Navigation 
Standards (CG-NAV-3), email Burt.A.Lahn@uscg.mil, telephone 202-372-
1526. If you have questions on viewing or submitting material to the 
docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History and Information
III. Basis and Purpose
IV. Discussion of the Final Rule
V. Discussion of Comments on the Interim Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NTSB National Transportation Safety Board
RNA Regulated Navigation Area
U.S.C. United States Code

II. Regulatory History and Information

    The bars along the coasts of Oregon and Washington are a maritime 
operating environment unique to the Pacific Northwest. Bars are 
commonly defined as areas of shallow water that lead into rivers and 
bays. At times, bars become extremely hazardous for vessels to navigate 
due to strong currents and large waves that can form when strong ocean 
currents pass over the bars. Until 2009, the bars along the coast of 
Oregon and Washington were regulated in 33 CFR Part 177. On February 
12, 2009, the Coast Guard published a Notice of Proposed Rulemaking 
(NPRM) in the Federal Register (74 FR 7022) that proposed to establish 
Regulated Navigation Areas (RNAs) in 33 CFR 165.1325 for bars along the 
coasts of Oregon and Washington. RNAs are areas of water within a 
defined boundary that, for reasons of safety or environmental concerns, 
the Coast Guard has implemented regulations on the operation of vessels 
permitted inside the defined area. The proposals in the NPRM were 
designed to help ensure the safety of persons and vessels operating on 
or in the vicinity of the bars. The Coast Guard subsequently published 
a final rule in the Federal Register on November 17, 2009 (74 FR 
59098), adopting most of the NPRM's proposals.
    Certain provisions in that 2009 final rule superseded other 
provisions in Part 177 that governed bar crossing along the coasts of 
Oregon and Washington. Specifically, 33 CFR 165.1325(a) sets forth the 
specific locations for the RNAs that cover the bars along the Oregon 
and Washington coasts, and supersedes the

[[Page 20798]]

regulated boating areas in 33 CFR 177.08. Additionally, 33 CFR 
165.1325(b)(13) defines the term unsafe condition to include certain 
wave height conditions, and supersedes the unsafe wave height formula 
and surface current provisions in 33 CFR 177.07(f). The purpose of this 
final rule is to remove those superseded provisions from the CFR.
    As discussed in the 2009 NPRM, the Coast Guard determined that the 
wave height and surface current provisions in 33 CFR 177.07(f), and the 
regulated boating areas in 33 CFR 177.08, did not provide a sufficient 
measure of safety for persons and vessels operating in those areas. In 
addition, multiple Coast Guard and National Transportation Safety Board 
(NTSB) accident investigations indicated a need for additional 
regulations to mitigate the risks associated with the bars and to 
enhance the safety of the persons and vessels operating on and in the 
bars' vicinity.
    Because the 2009 amendments to 33 CFR 1625.1325(a) and 
1625.1325(b)(13) superceded the provisions in 33 CFR 177.07(f) and 
177.08 specific to the wave height and surface current provisions and 
regulated boating areas for bar crossing locations along the coasts of 
Oregon and Washington, the Coast Guard, on July 9, 2013, issued an 
Interim Rule with request for comments (78 FR 40963) for the purpose of 
removing the superseded provisions in 33 CFR 177.07(f) and 177.08. In 
that Interim Rule, we explained that it was necessary to remove the 
wave height and surface current provisions contained in 33 CFR 
177.07(f) and 177.08 specific to bar crossings along the coasts of 
Oregon and Washington because they conflict with the more recently 
promulgated regulations in 33 CFR 1625.1325. This rule finalizes the 
2013 interim rule with no changes.

III. Basis and Purpose

    Under 46 U.S.C. 4302, the Coast Guard is authorized to establish 
regulations to promulgate minimum safety standards and procedures for 
recreational vessels. Under 46 U.S.C. 4105(a), uninspected passenger 
vessels are also subject to Chapter 43 of Title 46, U.S. Code.
    This rulemaking is necessary in order to remove the wave height and 
surface current provisions under 33 CFR 177.07(f) and the geographic 
coordinates in 33 CFR 177.08 that have been superseded by 33 CFR 
165.1325, to eliminate confusion regarding which provisions apply 
specifically to the bars along the coasts of Oregon and Washington. The 
regulations in 33 CFR 165.1325 establish clear procedures for 
restricting and/or closing the bars as well as mandating additional 
safety requirements for recreational and uninspected commercial vessels 
operating on or in the vicinity of the bars, when certain conditions 
exist. The RNAs established in 33 CFR 165.1325 help to expedite bar 
restrictions and closures and include a mariner notification process 
that helps keep vessels away from hazardous bars. The RNAs also require 
the use and/or making ready of safety equipment, as well as additional 
reporting requirements when certain conditions exist, which help 
safeguard the persons and vessels that operate on or in the vicinity of 
hazardous bars.

IV. Discussion of the Final Rule

    Certain provisions of 33 CFR part 177, governing maritime traffic 
operating on and in the vicinity of the bars along the coasts of Oregon 
and Washington, provide insufficient safety measures for the persons 
and vessels that operate in those areas. As discussed in the February 
12, 2009 NPRM (74 FR 7022), multiple Coast Guard and NTSB casualty 
investigations indicated a need for additional regulations to mitigate 
the risks associated with the bars and to enhance the safety of the 
persons and vessels operating on and in the bars' vicinity. To fulfill 
this need, in 2009, the Coast Guard established the RNAs in 33 CFR 
165.1325.
    The provisions in 33 CFR 165.1325 establish an increased measure of 
safety and supersede the existing provisions in 33 CFR 177.07(f) and 
177.08. Accordingly, the Coast Guard, through this rule, removes the 
wave height provisions in 33 CFR 177.07(f)(1) and (2), the surface 
current provision in 33 CFR 177.07(f)(3), and the regulated boating 
areas in 33 CFR 177.08.

V. Discussion of the Comments on the Interim Rule

    The Coast Guard received one comment on the interim rule. The 
commenter stated that the interim rule does not explain what specific 
changes are being made or how they are more protective than the 
existing regulations, and requested a table showing the difference 
between the existing regulations and the new language. Such a table, 
the commenter suggests, would make this rulemaking action more useful 
and would also increase the transparency of the Coast Guard's actions.
    The Coast Guard reviewed the published interim rule. We do not 
agree that the interim rule fails to explain the specific changes 
effectuated by the rule. In the interim rule, the Coast Guard explained 
that the wave height and surface current restrictions in 33 CFR 
177.07(f) and the geographic coordinates in 33 CFR 177.08 were in 
conflict with, and had been superseded by, the more recently 
promulgated regulations in 33 CFR 165.1325 (promulgated in a final rule 
in 2009, 74 FR 59098, after notice and comment on the proposed rule, 74 
FR 7022). The Coast Guard further explained that the rulemaking is 
necessary in order to remove the provisions in 33 CFR 177.07(f) and 
177.08 that conflict with 33 CFR 165.1325, and thereby remove confusion 
regarding which provisions apply specifically to the bars along the 
coasts of Oregon and Washington. Further, it is worth emphasizing that 
this rulemaking is not adding new regulatory provisions. For these 
reasons, we do not believe adding a table is necessary in order to 
understand the effect of this rule, nor would it add clarity to the 
public on the removal of the provisions in 33 CFR 177.07(f) and 177.08 
that conflict with 33 CFR 165.1325.

VI. Regulatory Analyses

    We developed this final rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility.
    This final 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 does not expect any economic impact as a result of 
this rule because it involves removing two criteria for unsafe 
conditions in 33 CFR part 177 that have been superseded by 33 CFR 
165.1325.

[[Page 20799]]

B. 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. 
This rulemaking, which finalizes a lawfully promulgated interim rule, 
does not require a general notice of proposed rulemaking and, 
therefore, is exempt from the analysis requirements of the Regulatory 
Flexibility Act (5 U.S.C. 604).

C. Assistance for Small Entities

    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 so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Burt Lahn, U.S. Coast Guard 
Office of Navigation Standards (CG-NAV-3), email Burt.A.Lahn@uscg.mil, 
telephone 202-372-1526. 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.

D. 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).

E. Federalism

    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. Our analysis is explained below.
    Under 46 U.S.C. 4306, Federal regulations promulgated under the 
authority of 46 U.S.C. 4302 preempt State law unless the State law is 
identical to a Federal regulation or a State is specifically provided 
an exemption to those regulations, or permitted to regulate marine 
safety articles carried or used to address a hazardous condition or 
circumstance unique to that State. As noted above, this rule simply 
removes superseded regulations regarding wave height and surface 
current provisions, and certain regulated boating areas from 33 CFR 
part 177.
    Additionally, there are no existing State laws that are identical 
to these Federal regulations, nor have the States been provided an 
exemption to those regulations or permitted to regulate marine safety 
articles. Therefore, the rule is consistent with the principles of 
federalism and preemption requirements in Executive Order 13132.

F. 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. This rule will not result in such 
expenditure.

G. 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.''

H. 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.

I. 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.

J. 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.

K. 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.

L. Technical Standards

    The National Technology Transfer and Advancement Act (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.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded 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 is categorically excluded, under section 2.B.2, Figure 2-1, 
paragraph 34(g), of the Instruction because it involves regulations 
establishing, disestablishing, or changing RNAs. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

[[Page 20800]]

List of Subjects in 33 CFR Part 177

    Marine safety.

Title 33--Navigation and Navigable Waters

PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS

    For the reasons discussed in the preamble, under authority of 46 
U.S.C. 4302, 4311; Pub. L. 103-206, 107 Stat. 2439, the interim rule 
amending 33 CFR part 177 that was published at 78 FR 40963 on July 9, 
2013, is adopted as a final rule without change.

    Dated: March 27, 2014.
Gary C. Rasicot,
Director of Marine Transportation Systems, U.S. Coast Guard.
[FR Doc. 2014-08374 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P