Safety Zone; Columbia River, Sand Island, WA, 12416-12418 [2017-04196]
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12416
Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations
Blynman Canal, Gloucester, MA’’ in the
Federal Register (81 FR 89007). The
temporary deviation allows the bridge to
be opened with a two hour advance
notice during the hours of 8 p.m.
through 4 a.m. from December 6, 2016
through April 30, 2017.
The owner of the bridge, the
Massachusetts Department of
Transportation, has requested a
modification of the currently published
deviation in order to close the bridge to
navigation from 7 a.m. on Monday,
March 13, 2017 through 4 p.m. on
Sunday, March 19, 2017, for necessary
repairs. Two bascule leaf motors will be
removed off site to be rehabilitated and
reinstalled. During the period of this
modification the draw span will be
inoperable.
The waterways are transited primarily
by seasonal recreational vessels of
various sizes. On average, twelve
requests were made annually during the
seven day period in March for which
the modification is requested. The
bridge will not be able to open for
emergencies. The Coast Guard contacted
local waterway users regarding the
Commonwealth’s request for this
modification and received no
objections. The height of the bridge in
the closed position is eight feet. Vessels
able to pass through the bridge in the
closed position may continue to do so.
The northern entrance to the
Annisquam River can be used as an
alternate route for vessels to Ipswich
Bay and the Atlantic Ocean.
The Coast Guard will inform users of
the bridge closure through our Local
and Broadcast Notices to Mariners so
vessel operators can arrange their transit
to minimize impacts. The drawbridge
schedule will return to regular operation
on April 30, 2017. This deviation from
the operating regulations is authorized
under 33 CFR 117.35.
Dated: February 27, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–04110 Filed 3–2–17; 8:45 am]
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BILLING CODE 9110–04–P
Coast Guard
§ Section
U.S.C. United States Code
COTP Captain of the Port Sector Columbia
River
33 CFR Part 165
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
[Docket Number USCG–2017–0118]
RIN 1625–AA00
Safety Zone; Columbia River, Sand
Island, WA
Coast Guard, DHS.
Temporary interim rule; request
for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Columbia River within a 500-yard
radius of the small boat ‘‘Nessy’’ while
in the area of Sand Island, near
Chinook, WA, during Double-Crested
Cormorant removal operations being
conducted by the U.S. Army Corps of
Engineers and U.S. Department of
Agriculture Wildlife Services. This rule
prohibits all persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Sector Columbia River (COTP), or a
designated representative. We invite
your comments on this rulemaking.
DATES: This rule is effective from April
3, 2017, through May 25, 2017.
Comments and related material must be
received by the Coast Guard on or before
March 24, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0118 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0118 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 LCDR Laura Springer, Waterways
Management Division, Marine Safety
Unit Portland, U.S. Coast Guard;
telephone 503–240–9319, email
msupdxwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Double-Crested Cormorant removal
operations are scheduled to begin on
April 3, 2017 and there is not sufficient
time to publish an NPRM and take
comments prior to the safety zone being
needed to help ensure the safety of
waterways users. The Coast Guard
received the specific dates that the
removal operations will take place on
February 27, 2017.
The Coast Guard is soliciting public
comments on this temporary interim
rule. Although we need to make this
interim rule effective starting April 3,
2017, we will consider public comments
and may issue a temporary final rule
that will supersede this interim rule
based on your comment.
III. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
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03MRR1
Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this
temporary interim rule as being
available in the docket, and all public
comments, will be in our online docket
at https://www.regulations.gov and can
be viewed by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
mstockstill on DSK3G9T082PROD with RULES
IV. Legal Authority and Need for Rule
The U.S. Army Corps of Engineers
and U.S. Department of Agriculture
Wildlife Services notified the Coast
Guard that they intend to conduct
removal operations of Double-Crested
Cormorant in the area of Sand Island on
the Columbia River, near Chinook, WA,
on the following dates from 7 a.m. to 3
p.m. each day: April 3–6, April 10–13,
April 17–20, April 24–27, May 1–4, May
8–11, May 15–18, and May 22–25, 2017.
These operations will involve the use of
firearms and live ammunition from the
small boat ‘‘Nessy.’’ The COTP has
determined that the operations pose a
potential safety hazard for anyone
within a 500-yard radius of ‘‘Nessy’’ due
to the live gunfire, unpredictable animal
behavior, and the highly dynamic
marine environment in that area, which
is characterized by strong tides, river
currents, and wind. As such, the safety
zone is needed to help ensure the safety
of all waterways users in the area. The
safety zone is proposed under the
authority in 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland
Security Delegation No. 0170.1.
V. Discussion of the Rule
The COTP establishes a 500-yard
safety zone around the small boat
‘‘Nessy’’ on April 3–6, April 10–13,
April 17–20, April 24–27, May 1–4, May
8–11, May 15–18, and May 22–25, 2017
from 7 a.m. to 3 p.m. while it is
operating in the area encompassed by
these points: 46°5′5″ 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. Additional and/or changes
to the dates (within the effective period
of this rule) and times that the safety
zone will be enforced may be necessary
due to weather conditions and/or other
variables and will be communicated to
the public via Broadcast Notice to
Mariners and on-scene notification. The
safety zone is intended to protect
persons and vessels from the potential
VerDate Sep<11>2014
16:07 Mar 02, 2017
Jkt 241001
safety hazards associated with DoubleBreasted Cormorant removal operations
being conducted by the U.S. Army
Corps of Engineers and U.S. Department
of Agriculture Wildlife Services from
‘‘Nessy’’ and will do so by prohibiting
all persons and vessels from entering
the safety zone without permission from
the COTP or a designated
representative. ‘‘Nessy’’ is described as
a 20-foot black and gray aluminum work
skiff with an overhead light arch.
VI. 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 limited size, location,
duration, and time-of-day that the safety
zone will be in effect and the fact that
vessel traffic would be able to safely
transit around the safety zone. In
addition, mariners may request
permission from the COTP to enter the
zone if necessary.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section VI.A above this
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12417
rule would not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please 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
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FURTHER INFORMATION CONTACT
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
section
above.
E. Unfunded Mandates Reform Act
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 the
establishment of a temporary safety
zone. 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.
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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:
VerDate Sep<11>2014
17:11 Mar 02, 2017
Jkt 241001
1. The authority citation for part 165
continues to read as follows:
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector Columbia River.
■
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.
List of Subjects in 33 CFR Part 165
Notice to Mariners and on-scene
notification.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T13–0118 to read as
follows:
■
§ 165.T13–0118 Safety Zone; Columbia
River, Sand Island, WA.
(a) Location. The following area is a
safety zone: all waters of the Columbia
River within 500 yards 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. ‘‘Nessy’’ is a 20-foot black
and gray aluminum work skiff with an
overhead light arch.
(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 and
other federal, state, or local agencies in
enforcing this section.
(d) Enforcement periods. This section
is effective from April 3, 2017 through
May 25, 2017. It will be enforced from
7 a.m. to 3 p.m. each day on the follow
dates: April 3 through 6, April 10
through 13, April 17 through 20, April
24 through 27, May 1 through 4, May 8
through 11, May 15 through 18, and
May 22 through 25, 2017. The Coast
Guard will inform mariners of any
additions and/or changes to the dates
and times this section is enforced
during its effective period via Broadcast
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[FR Doc. 2017–04196 Filed 3–2–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
[Docket No. SLSDC–2016–0006]
RIN 2135–AA42
Seaway Regulations and Rules:
Periodic Update, Various Categories
Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Final rule.
AGENCY:
The Saint Lawrence Seaway
Development Corporation (SLSDC) and
the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Regulations and
Rules (Practices and Procedures in
Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the
SLSDC is amending the joint regulations
by updating the Seaway Regulations and
Rules in various categories. The changes
update the following sections of the
Regulations and Rules: Condition of
Vessels; Seaway Navigation; Radio
Communications; General; and, Vessels
Transiting U.S. Waters. These
amendments are necessary to take
account of updated procedures and will
enhance the safety of transits through
the Seaway. Several of the amendments
are merely editorial or for clarification
of existing requirements. The joint
regulations will become effective in
Canada on March 20, 2017.
DATES: This rule is effective on March
20, 2017.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to https://
www.Regulations.gov; or in person at
the Docket Management Facility; U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Carrie Mann Lavigne, Chief Counsel,
Saint Lawrence Seaway Development
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12416-12418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04196]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0118]
RIN 1625-AA00
Safety Zone; Columbia River, Sand Island, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Columbia River within a 500-yard radius of the small boat ``Nessy''
while in the area of Sand Island, near Chinook, WA, during Double-
Crested Cormorant removal operations being conducted by the U.S. Army
Corps of Engineers and U.S. Department of Agriculture Wildlife
Services. This rule prohibits all persons and vessels from being in the
safety zone unless authorized by the Captain of the Port Sector
Columbia River (COTP), or a designated representative. We invite your
comments on this rulemaking.
DATES: This rule is effective from April 3, 2017, through May 25, 2017.
Comments and related material must be received by the Coast Guard on or
before March 24, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0118 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. To view documents mentioned in
this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2017-0118 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 LCDR Laura Springer, 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
COTP Captain of the Port Sector Columbia River
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Double-Crested Cormorant removal
operations are scheduled to begin on April 3, 2017 and there is not
sufficient time to publish an NPRM and take comments prior to the
safety zone being needed to help ensure the safety of waterways users.
The Coast Guard received the specific dates that the removal operations
will take place on February 27, 2017.
The Coast Guard is soliciting public comments on this temporary
interim rule. Although we need to make this interim rule effective
starting April 3, 2017, we will consider public comments and may issue
a temporary final rule that will supersede this interim rule based on
your comment.
III. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include
[[Page 12417]]
any personal information you have provided. For more about privacy and
the docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this temporary interim rule as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that Web site's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.
IV. Legal Authority and Need for Rule
The U.S. Army Corps of Engineers and U.S. Department of Agriculture
Wildlife Services notified the Coast Guard that they intend to conduct
removal operations of Double-Crested Cormorant in the area of Sand
Island on the Columbia River, near Chinook, WA, on the following dates
from 7 a.m. to 3 p.m. each day: April 3-6, April 10-13, April 17-20,
April 24-27, May 1-4, May 8-11, May 15-18, and May 22-25, 2017. These
operations will involve the use of firearms and live ammunition from
the small boat ``Nessy.'' The COTP has determined that the operations
pose a potential safety hazard for anyone within a 500-yard radius of
``Nessy'' due to the live gunfire, unpredictable animal behavior, and
the highly dynamic marine environment in that area, which is
characterized by strong tides, river currents, and wind. As such, the
safety zone is needed to help ensure the safety of all waterways users
in the area. The safety zone is proposed under the authority in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1.
V. Discussion of the Rule
The COTP establishes a 500-yard safety zone around the small boat
``Nessy'' on April 3-6, April 10-13, April 17-20, April 24-27, May 1-4,
May 8-11, May 15-18, and May 22-25, 2017 from 7 a.m. to 3 p.m. while it
is operating in the area encompassed by these points: 46[deg]5'5'' 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. Additional
and/or changes to the dates (within the effective period of this rule)
and times that the safety zone will be enforced may be necessary due to
weather conditions and/or other variables and will be communicated to
the public via Broadcast Notice to Mariners and on-scene notification.
The safety zone is intended to protect persons and vessels from the
potential safety hazards associated with Double-Breasted Cormorant
removal operations being conducted by the U.S. Army Corps of Engineers
and U.S. Department of Agriculture Wildlife Services from ``Nessy'' and
will do so by prohibiting all persons and vessels from entering the
safety zone without permission from the COTP or a designated
representative. ``Nessy'' is described as a 20-foot black and gray
aluminum work skiff with an overhead light arch.
VI. 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 limited size,
location, duration, and time-of-day that the safety zone will be in
effect and the fact that vessel traffic would be able to safely transit
around the safety zone. In addition, mariners may request permission
from the COTP to enter the zone if necessary.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
VI.A above this rule would not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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
[[Page 12418]]
FURTHER INFORMATION CONTACT section above.
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 the establishment of a temporary safety zone. 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T13-0118 to read as follows:
Sec. 165.T13-0118 Safety Zone; Columbia River, Sand Island, WA.
(a) Location. The following area is a safety zone: all waters of
the Columbia River within 500 yards 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. ``Nessy''
is a 20-foot black and gray aluminum work skiff with an overhead light
arch.
(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 and other federal, state,
or local agencies in enforcing this section.
(d) Enforcement periods. This section is effective from April 3,
2017 through May 25, 2017. It will be enforced from 7 a.m. to 3 p.m.
each day on the follow dates: April 3 through 6, April 10 through 13,
April 17 through 20, April 24 through 27, May 1 through 4, May 8
through 11, May 15 through 18, and May 22 through 25, 2017. The Coast
Guard will inform mariners of any additions and/or changes to the dates
and times this section is enforced during its effective period via
Broadcast Notice to Mariners and on-scene notification.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2017-04196 Filed 3-2-17; 8:45 am]
BILLING CODE 9110-04-P