Special Local Regulation; Coos Bay, North Bend, OR, 25960-25962 [2017-11634]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
listed in the ADDRESSES section of this
document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
amends Class E airspace extending
upward from 700 feet above the surface
within a 7-mile radius of Kyle-Oakley
Field Airport, Murray, KY, due to the
decommissioning of the Calloway NDB
and cancellation of the NDB approach.
Therefore, these changes are necessary
for continued safety and management of
IFR operations at the airport. The
geographic coordinates of the airport are
amended to coincide with the FAAs
aeronautical database, and the airport
designation header, as noted in FAA
Order 7400.11A, is updated to include
the airport name.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, effective
September 15, 2016, is amended as
follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ASO KY E5 Kyle-Oakley Field, Murray, KY
[Amended]
Kyle-Oakley Field Airport, KY
(Lat. 36°39′52″ N., long. 88°22′22″ W.)
That airspace extending upward from 700
feet above the surface within a 7 mile radius
of Kyle-Oakley Field Airport.
Issued in College Park, Georgia, on May 19,
2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2017–11377 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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Environmental Review
33 CFR Part 100
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
[Docket Number USCG–2017–0207]
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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Special Local Regulation; Coos Bay,
North Bend, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary regulated area
during the inbound and outbound
transit of the tall ships participating in
the Festival of Sail to be held on the
waters of Coos Bay. This action is
necessary to safeguard participants and
spectators from the hazards associated
SUMMARY:
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with the limited maneuverability of the
tall ships and to ensure public safety
during their transit. This regulation
prohibits persons and vessels from
being in the regulated area unless
authorized by the patrol commander or
a designated representative.
This rule is effective without
actual notice from June 6, 2017 through
June 5, 2017. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed, May
31, 2017, through June 6, 2017.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG-20170207 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email LCDR Laura Springer, MSU
Portland Waterways; 503–240–9319,
email msupdxwwm@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
On June 1, 2017, and again on June 5,
2017, several class A and B tall sailing
ships will be transiting the waters of
Coos Bay as part of the Festival of Sail
Coos Bay. To provide for the safety of
participants, spectators, support and
transiting vessels, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulation; Coos Bay, North Bend, OR.
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action. During the
comment period that ended May 15,
2017, 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 this rule would be impractical
as it would prevent the Coast Guard
from ensuring the safety of participants,
spectators, support and transiting
vessels during the transit of the sailing
ships and immediate action is necessary
to prevent possible loss of life and
property.
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Sector Columbia
River has determined that potential
hazards exist with the limited
maneuverability of tall sailing ships.
Many other factors amplify the potential
hazards of the situation, including:
Large numbers of recreational and
fishing vessels; a narrow channel; and,
limited maneuverability of the tall
ships. The purpose of this rule is to
ensure safety of participants, spectators,
support and transiting vessels during
the inbound and outbound transits.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated area.
Although this proposal would prevent
traffic from transiting portions of Coos
Bay, the effect of this regulation would
not be significant due to the limited
duration that the regulated area will be
in effect and the fact that the patrol
commander may allow waterway users
to enter or transit through the zone
when deemed safe to do so. Moreover,
the Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 to notify mariners about the
regulated area.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 13, 2017. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a temporary
regulated area during the inbound and
outbound transit of the tall sailing ships
participating in the Festival of Sail to be
held on the waters of Coos Bay. The
regulated area will be all navigable
waters of Coos Bay, from the sea buoy
to the Ferndale Lower Range in North
Bend, OR. The duration of the regulated
area is intended to ensure the safety of
participants, spectators, support and
transiting vessels, during the tall ships’
inbound and outbound transits. No
vessel or person would be permitted to
enter the regulated area without
obtaining permission from the patrol
commander or a designated
representative.
B. Impact on Small Entities
E.O.s 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. Executive Order 13771
(‘‘Reducing Regulation and Controlling
Regulatory Costs’’), directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’’’ (February 2, 2017).
While some owners or operators of
vessels intending to transit the regulated
area 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 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
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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.
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25961
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
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
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
Special Local Regulation for a regulated
area lasting less than 3 hours during
each transit period that will prohibit
vessels from entering an area
encompassing Coos Bay from the sea
buoy to the Ferndale Lower Range
unless given permission to do so by the
on-scene patrol commander or his
designated representative. This rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of Commandant Instruction
M16475.1D. A Record of Environmental
Consideration and 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.
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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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
2. Add § 100.T13–0207 to read as
follows:
■
§ 100.T13–0207 Special Local Regulations;
Festival of Sail Coos Bay.
(a) Regulated Area. The following area
is designated as a regulated area: All
navigable waters of Coos Bay, from the
sea buoy to the Ferndale Lower Range.
(b) Special Local Regulations. (1) The
Coast Guard may patrol the regulated
area under the direction of a designated
Coast Guard Patrol Commander
(PATCOM). PATCOM may be contacted
on Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM.’’ Official patrol
vessels may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local
law enforcement vessels assigned or
approved by the Captain of the Port,
Sector Columbia River.
(2) Entrance into the regulated area is
prohibited unless authorized by the
PATCOM. The PATCOM may control
the movement of all vessels in the
regulated area. When hailed or signaled
to stop by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the lawful directions
issued. Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(3) All vessels permitted to transit the
regulated area shall maintain a
separation of at least 100 yards away
from the participating tall sailing ships
and a distance of at least 50 yards away
while transiting in the vicinity of the
McCullough Memorial Bridge and the
Coos Bay railroad bridge.
(c) Enforcement Period. This
regulated area is in effect while the tall
sailing ships are transiting Coos Bay,
inbound on June 1, 2017 and outbound
on June 5, 2017.
Dated: May 31, 2017.
B.C. McPherson,
Captain, U.S. Coast Guard, Acting
Commander, Coast Guard Thirteenth District.
[FR Doc. 2017–11634 Filed 6–5–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0300]
RIN 1625–AA00
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
VerDate Sep<11>2014
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Safety Zone; Upper Mississippi River,
Minneapolis and St. Paul, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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The Coast Guard is
establishing a temporary safety zone on
the Upper Mississippi River (UMR)
between miles 846 and 847. This action
is necessary to provide for the safety of
life on these navigable waters near
Minneapolis and St. Paul, MN during a
rope pull event on June 10, 2017. This
temporary safety zone is necessary to
protect persons and property from
potential damage and safety hazards
during a rope pull event across the
UMR. During the period of enforcement,
entry into the safety zone is prohibited
unless specifically authorized by the
Captain of the Port Upper Mississippi
River (COTP) or a designated
representative.
DATES: This rule is effective from 10
a.m. to 3 p.m. on June 10, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0300 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 about this
rulemaking, call or email LCDR Sean
Peterson, Chief of Prevention, U.S. Coast
Guard; telephone 314–269–2332, email
Sean.M.Peterson@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
UMR Upper Mississippi 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 it is
impracticable. We must establish this
safety zone by June 10, 2017 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
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]]>Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25960-25962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11634]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0207]
RIN 1625-AA08
Special Local Regulation; Coos Bay, North Bend, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary regulated area
during the inbound and outbound transit of the tall ships participating
in the Festival of Sail to be held on the waters of Coos Bay. This
action is necessary to safeguard participants and spectators from the
hazards associated with the limited maneuverability of the tall ships
and to ensure public safety during their transit. This regulation
prohibits persons and vessels from being in the regulated area unless
authorized by the patrol commander or a designated representative.
DATES: This rule is effective without actual notice from June 6, 2017
through June 5, 2017. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, May 31, 2017, through
June 6, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0207 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, MSU Portland Waterways; 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
On June 1, 2017, and again on June 5, 2017, several class A and B
tall sailing ships will be transiting the waters of Coos Bay as part of
the Festival of Sail Coos Bay. To provide for the safety of
participants, spectators, support and transiting vessels, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Special
Local Regulation; Coos Bay, North Bend, OR. There we stated why we
issued the NPRM, and invited comments on our proposed regulatory
action. During the comment period that ended May 15, 2017, 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 this rule
would be impractical as it would prevent the Coast Guard from ensuring
the safety of participants, spectators, support and transiting vessels
during the transit of the sailing ships and immediate action is
necessary to prevent possible loss of life and property.
[[Page 25961]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Columbia River has determined that
potential hazards exist with the limited maneuverability of tall
sailing ships. Many other factors amplify the potential hazards of the
situation, including: Large numbers of recreational and fishing
vessels; a narrow channel; and, limited maneuverability of the tall
ships. The purpose of this rule is to ensure safety of participants,
spectators, support and transiting vessels during the inbound and
outbound transits.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
13, 2017. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a temporary regulated area during the inbound
and outbound transit of the tall sailing ships participating in the
Festival of Sail to be held on the waters of Coos Bay. The regulated
area will be all navigable waters of Coos Bay, from the sea buoy to the
Ferndale Lower Range in North Bend, OR. The duration of the regulated
area is intended to ensure the safety of participants, spectators,
support and transiting vessels, during the tall ships' inbound and
outbound transits. No vessel or person would be permitted to enter the
regulated area without obtaining permission from the patrol commander
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 regulated area. Although
this proposal would prevent traffic from transiting portions of Coos
Bay, the effect of this regulation would not be significant due to the
limited duration that the regulated area will be in effect and the fact
that the patrol commander may allow waterway users to enter or transit
through the zone when deemed safe to do so. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
to notify mariners about the regulated area.
B. Impact on Small Entities
E.O.s 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. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs''' (February 2, 2017).
While some owners or operators of vessels intending to transit the
regulated area 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 (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 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
[[Page 25962]]
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 Special Local Regulation for a regulated area lasting
less than 3 hours during each transit period that will prohibit vessels
from entering an area encompassing Coos Bay from the sea buoy to the
Ferndale Lower Range unless given permission to do so by the on-scene
patrol commander or his designated representative. This rule is
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of Commandant Instruction M16475.1D. A Record of
Environmental Consideration and 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T13-0207 to read as follows:
Sec. 100.T13-0207 Special Local Regulations; Festival of Sail Coos
Bay.
(a) Regulated Area. The following area is designated as a regulated
area: All navigable waters of Coos Bay, from the sea buoy to the
Ferndale Lower Range.
(b) Special Local Regulations. (1) The Coast Guard may patrol the
regulated area under the direction of a designated Coast Guard Patrol
Commander (PATCOM). PATCOM may be contacted on Channel 16 VHF-FM (156.8
MHz) by the call sign ``PATCOM.'' Official patrol vessels may consist
of any Coast Guard, Coast Guard Auxiliary, state, or local law
enforcement vessels assigned or approved by the Captain of the Port,
Sector Columbia River.
(2) Entrance into the regulated area is prohibited unless
authorized by the PATCOM. The PATCOM may control the movement of all
vessels in the regulated area. When hailed or signaled to stop by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the lawful directions issued. Failure to comply with a
lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
(3) All vessels permitted to transit the regulated area shall
maintain a separation of at least 100 yards away from the participating
tall sailing ships and a distance of at least 50 yards away while
transiting in the vicinity of the McCullough Memorial Bridge and the
Coos Bay railroad bridge.
(c) Enforcement Period. This regulated area is in effect while the
tall sailing ships are transiting Coos Bay, inbound on June 1, 2017 and
outbound on June 5, 2017.
Dated: May 31, 2017.
B.C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Coast Guard Thirteenth
District.
[FR Doc. 2017-11634 Filed 6-5-17; 8:45 am]
BILLING CODE 9110-04-P
