Safety Zone; Columbia River, Sand Island, WA, 65284-65286 [2016-22821]

Download as PDF 65284 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations This deviation period is from 6 a.m. to 6 p.m., each day, from September 26, 2016 to September 30, 2016 when the draw span will remain in the closed-tonavigation position. During this time the bridge owner will adjust the new pinion bearings that are essential to the continued safe operation of the drawbridge. Navigation on the waterway consists primarily of commercial tows and recreational watercraft and will not be significantly impacted. This temporary deviation has been coordinated with waterway users. No objections were received. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass this section of the Red River. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so the vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: September 16, 2016. Eric A. Washburn, Bridge Administrator, Western Rivers. [FR Doc. 2016–22822 Filed 9–21–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0818] RIN 1625–AA00 Safety Zone; Columbia River, Sand Island, WA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for the navigable waters of the Columbia River within a 500-yard radius of the small boat ‘‘Nessy,’’ while in the area of Sand Island, near Chinook, WA, and all involved associated vessels in support of the Double-Crested Cormorant removal operations conducted by the U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services. This regulation prohibits ehiers on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:00 Sep 21, 2016 Jkt 238001 persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River, or a designated representative. DATES: This rule is effective from September 21, 2016 through October 21, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0818 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Kenneth Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503–240–9319, email msupdxwwm@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services notified the Coast Guard that they intend to conduct federally permitted removal operations of the Double-Crested Cormorant starting September 21, 2016. In response, on August 23, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Columbia River, Sand Island, WA 81 FR 57507. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this safety zone. During the comment period that ended September 12, 2016 we received no comments. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because such delay would eliminate the safety zone’s effectiveness and usefulness in preventing dangers to the boating public associated with the removal operations being conducted using firearms and live ammunition. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. Coast PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Guard Captains of the Port are granted authority to establish safety zones in 33 CFR 1.05–1(f) for safety purposes as described in 33 CFR part 165. The Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services will conduct a federally permitted removal operation of the Double-Crested Cormorant starting September 21, 2016. This operation will involve the use of firearms and live ammunition. The Captain of the Port Sector Columbia River (COTP) has determined that potential hazards associated with the removal operation will be a safety concern for anyone within a 500-yard radius of the small boat ‘‘Nessy,’’ while in the area encompassing these points: 46°15′45″ N., 123°59′39″ W.; 46°15′24″ N., 123°59′42″ W.; 46°13′32″ N., 123°57′18″ W.; 46°15′9″ N., 123°55′24″ W.; and 46°15′54″ N., 123°58′6″ W., and any associated support vessel(s). The safety zone is needed to protect personnel and vessels in the navigable waters within the safety zone during the removal operations. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published August 23, 2016. There are two changes in the regulatory text of this rule from the proposed rule in the NPRM. The change in paragraph (a) of the regulation is non-substantive and clarifies the language that describes the area that is designated a safety zone. The change in paragraph (c) of the regulation updates the language regarding assistance from state law enforcement to align with the statute cited. This rule establishes a safety zone from September 21, 2016, through October 21, 2016. The safety zone will cover all navigable waters of the Columbia River within 500 yards of the small boat ‘‘Nessy,’’ and all involved associated support vessels being used by personnel during the removal operation, conducted in the area encompassed by these points: 46°15′45″ N., 123°59′39″ W.; 46°15′24″ N., 123°59′42″ W.; 46°13′32″ N., 123°57′18″ W.; 46°15′9″ N., 123°55′24″ W.; and 46°15′54″ N., 123°58′6″ W. The 500 yard radius area of the safety zone is intended to protect persons and vessels from the dangerous combined effects of live gunfire, unpredictable animal behavior, and a highly dynamic marine environment characterized by strong tides, river currents and wind. This safety zone will be enforced only when the small boat ‘‘Nessy,’’ and all involved associated support vessels, are conducting the removal operations, which will be three E:\FR\FM\22SER1.SGM 22SER1 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations days a week for four weeks. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. ehiers on DSK5VPTVN1PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a small designated area of the Columbia River in the area encompassing these points: 46°15′45″ N., 123°59′39″ W.; 46°15′24″ N., 123°59′42″ W.; 46°13′32″ N., 123°57′18″ W.; 46°15′9″ N., 123°55′24″ W.; and 46°15′54″ N., 123°58′6″ W. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF– FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. 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. VerDate Sep<11>2014 15:00 Sep 21, 2016 Jkt 238001 While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 65285 Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting four weeks, for three days a week, that will prohibit entry within 500 yards of the small boat ‘‘Nessy’’ and all involved associated support vessels, while in the area encompassing these points: 46°15′45″ N., 123°59′39″ W.; 46°15′24″ N., 123°59′42″ W.; 46°13′32″ N., 123°57′18″ W.; 46°15′9″ N., 123°55′24″ W.; and 46°15′54″ N., 123°58′6″ W., while personnel are conducting the removal operations of the Double-Crested Cormorant. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. E:\FR\FM\22SER1.SGM 22SER1 65286 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations Cormorant. The small boat ‘‘Nessy’’ is described as a 20-foot black and gray aluminum work skiff with an overhead light arch. The Coast Guard will inform mariners of any change to this period of enforcement via Broadcast Notice to Mariners. 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 Dated: September 16, 2016. D.F. Berliner, Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia River. [FR Doc. 2016–22821 Filed 9–21–16; 8:45 am] 1. The authority citation for part 165 continues to read as follows: ■ BILLING CODE 9110–04–P Authority: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF VETERANS AFFAIRS 2. Add § 165.T13–0818 to read as follows: 38 CFR Part 38 § 165.T13–0818 River. Authority To Solicit Gifts and Donations ehiers on DSK5VPTVN1PROD with RULES ■ RIN 2900–AP75 Safety Zone; Columbia (a) Location. The following area is the safety zone: all navigable waters of the Columbia River within 500 yards of the small boat ‘‘Nessy,’’ and all involved associated support vessels, while in the area encompassing these points: 46°15′45″ N., 123°59′39″ W.; 46°15′24″ N., 123°59′42″ W.; 46°13′32″ N., 123°57′18″ W.; 46°15′9″ N., 123°55′24″ W.; and 46°15′54″ N., 123°58′6″ W. (b) Regulations. In accordance with the general regulations in subpart C of this part, 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 or his designated representative. (c) Enforcement. Any Coast Guard commissioned, warrant, or petty officer may enforce the rules in this section. Where immediate action is required and representatives of the Coast Guard are not present or are not present in sufficient force to provide effective enforcement of this section, any Oregon Law Enforcement Officer or Washington Law Enforcement Officer may enforce the rules contained in this section pursuant to 46 U.S.C. 70118. In addition, the Captain of the Port may be assisted by members of the U. S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services onboard the small boat ‘‘Nessy,’’ and other federal, state, or local agencies in enforcing this section. (d) Enforcement period. This section is effective from September 21, 2016, through October 21, 2016. It will be enforced when the small boat ‘‘Nessy,’’ and all involved associated support vessels, are conducting the removal operations of the Double-Crested VerDate Sep<11>2014 15:00 Sep 21, 2016 Jkt 238001 Department of Veterans Affairs. Direct final rule; confirmation of effective date. AGENCY: ACTION: On July 11, 2016, the Department of Veterans Affairs (VA) published a direct final rule amending its regulation that governs soliciting contributions from the public by officials and employees of NCA, or authorizing the use of officials’ or employees’ names, name of the Secretary, or the name of VA for the purpose of making a gift or donation to VA. VA received two supportive comments and no adverse comments concerning the direct final rule and its companion substantially identical proposed rule published in the Federal Register on the same date. This document confirms that the direct final rule became effective on September 9, 2016. In a companion document in this issue of the Federal Register, we are withdrawing as unnecessary the proposed rule. DATES: The effective date of September 9, 2016, for the direct final rule published July 11, 2016, 81 FR 44792, is confirmed. FOR FURTHER INFORMATION CONTACT: Thomas Howard, Chief of Staff, National Cemetery Administration (NCA), Department of Veterans Affairs, (40A), 810 Vermont Avenue NW., Washington, DC 20420, (202) 461–6215. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: In a direct final rule published in the Federal Register on July 11, 2016, at 81 FR 44792, VA amended 38 Code of Federal Regulations (CFR) 38.603(b), giving the Under Secretary of Memorial Affairs (USMA), or his designee, authority to SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 solicit gifts and donations, or approve the solicitation of gifts and donations from the public. VA published a companion substantially-identical proposed rule on the same date, at 81 FR 44827, to serve as a proposal for the revisions in the direct final rule in case adverse comments were received. The direct final rule and proposed rule each provided a 30-day comment period that ended on August 10, 2016. No adverse comments were received. Two comments that supported the rulemaking were received from the general public. VA is not making any changes to this rulemaking based on the comments. Under the direct final rule procedures that were described in 81 FR 44827 and 81 FR 44792, the direct final rule became effective on September 9, 2016, because no adverse comments were received within the comment period. In a companion document in this issue of the Federal Register, VA is withdrawing the proposed rulemaking, RIN 2900– AP74, published at 81 FR 44827, as unnecessary. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on September 16, 2016, for publication. Dated: September 19, 2016. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2016–22834 Filed 9–21–16; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2016–0209; FRL–9952–74– Region 4] Air Plan Approval; Alabama and North Carolina; Interstate Transport—2010 NO2 Standards Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a revision to the North Carolina SIP, submitted by the SUMMARY: E:\FR\FM\22SER1.SGM 22SER1

Agencies

[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Rules and Regulations]
[Pages 65284-65286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22821]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0818]
RIN 1625-AA00


Safety Zone; Columbia River, Sand Island, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of the Columbia River within a 500-yard radius of 
the small boat ``Nessy,'' while in the area of Sand Island, near 
Chinook, WA, and all involved associated vessels in support of the 
Double-Crested Cormorant removal operations conducted by the U.S. Army 
Corps of Engineers and U.S. Department of Agriculture Wildlife 
Services. This regulation prohibits persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Columbia 
River, or a designated representative.

DATES: This rule is effective from September 21, 2016 through October 
21, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0818 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Kenneth Lawrenson, Waterways Management Division, 
Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, 
email msupdxwwm@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The U.S. Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services notified the Coast Guard that they intend to conduct 
federally permitted removal operations of the Double-Crested Cormorant 
starting September 21, 2016. In response, on August 23, 2016, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone; Columbia River, Sand Island, WA 81 FR 57507. There we stated why 
we issued the NPRM, and invited comments on our proposed regulatory 
action related to this safety zone. During the comment period that 
ended September 12, 2016 we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because such delay would 
eliminate the safety zone's effectiveness and usefulness in preventing 
dangers to the boating public associated with the removal operations 
being conducted using firearms and live ammunition.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. Coast Guard Captains of the Port are granted authority to 
establish safety zones in 33 CFR 1.05-1(f) for safety purposes as 
described in 33 CFR part 165.
    The Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services will conduct a federally permitted removal operation 
of the Double-Crested Cormorant starting September 21, 2016. This 
operation will involve the use of firearms and live ammunition. The 
Captain of the Port Sector Columbia River (COTP) has determined that 
potential hazards associated with the removal operation will be a 
safety concern for anyone within a 500-yard radius of the small boat 
``Nessy,'' while in the area encompassing these points: 46[deg]15'45'' 
N., 123[deg]59'39'' W.; 46[deg]15'24'' N., 123[deg]59'42'' W.; 
46[deg]13'32'' N., 123[deg]57'18'' W.; 46[deg]15'9'' N., 
123[deg]55'24'' W.; and 46[deg]15'54'' N., 123[deg]58'6'' W., and any 
associated support vessel(s). The safety zone is needed to protect 
personnel and vessels in the navigable waters within the safety zone 
during the removal operations.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 23, 2016. There are two changes in the regulatory text of this 
rule from the proposed rule in the NPRM. The change in paragraph (a) of 
the regulation is non-substantive and clarifies the language that 
describes the area that is designated a safety zone. The change in 
paragraph (c) of the regulation updates the language regarding 
assistance from state law enforcement to align with the statute cited.
    This rule establishes a safety zone from September 21, 2016, 
through October 21, 2016. The safety zone will cover all navigable 
waters of the Columbia River within 500 yards of the small boat 
``Nessy,'' and all involved associated support vessels being used by 
personnel during the removal operation, conducted in the area 
encompassed by these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W. The 500 yard radius area of the 
safety zone is intended to protect persons and vessels from the 
dangerous combined effects of live gunfire, unpredictable animal 
behavior, and a highly dynamic marine environment characterized by 
strong tides, river currents and wind. This safety zone will be 
enforced only when the small boat ``Nessy,'' and all involved 
associated support vessels, are conducting the removal operations, 
which will be three

[[Page 65285]]

days a week for four weeks. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Columbia River in the area 
encompassing these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone, and the rule would allow vessels to seek permission to enter 
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting four weeks, for three days a week, 
that will prohibit entry within 500 yards of the small boat ``Nessy'' 
and all involved associated support vessels, while in the area 
encompassing these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W., while personnel are conducting 
the removal operations of the Double-Crested Cormorant. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 65286]]

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:  Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 
1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T13-0818 to read as follows:


Sec.  165.T13-0818  Safety Zone; Columbia River.

    (a) Location. The following area is the safety zone: all navigable 
waters of the Columbia River within 500 yards of the small boat 
``Nessy,'' and all involved associated support vessels, while in the 
area encompassing these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part, 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 or his 
designated representative.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer may enforce the rules in this section. Where immediate action 
is required and representatives of the Coast Guard are not present or 
are not present in sufficient force to provide effective enforcement of 
this section, any Oregon Law Enforcement Officer or Washington Law 
Enforcement Officer may enforce the rules contained in this section 
pursuant to 46 U.S.C. 70118. In addition, the Captain of the Port may 
be assisted by members of the U. S. Army Corps of Engineers and U.S. 
Department of Agriculture Wildlife Services onboard the small boat 
``Nessy,'' and other federal, state, or local agencies in enforcing 
this section.
    (d) Enforcement period. This section is effective from September 
21, 2016, through October 21, 2016. It will be enforced when the small 
boat ``Nessy,'' and all involved associated support vessels, are 
conducting the removal operations of the Double-Crested Cormorant. The 
small boat ``Nessy'' is described as a 20-foot black and gray aluminum 
work skiff with an overhead light arch. The Coast Guard will inform 
mariners of any change to this period of enforcement via Broadcast 
Notice to Mariners.

    Dated: September 16, 2016.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2016-22821 Filed 9-21-16; 8:45 am]
 BILLING CODE 9110-04-P