Safety Zone; Columbia River, Goble, OR, 26584-26586 [2017-11846]
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26584
Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
Schedule of the United States (HTSUS)),
1624.
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DEPARTMENT OF HOMELAND
SECURITY
*
Sections 12.42 through 12.44 also issued
under 19 U.S.C. 1307, Pub. L. 105–61 (111
Stat. 1272), and Public L. 114–125 (130 Stat.
122);
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■ 2. Amend § 12.42 as follows:
■ a. Revise the section heading;
■ b. In paragraph (a), remove the words
‘‘Commissioner of Customs’’ and add in
their place ‘‘Commissioner of CBP’’;
■ c. Revise paragraph (b);
■ d. In paragraphs (c), (d), (e), and (f)
remove the words ‘‘Commissioner of
Customs’’ and add in their place
‘‘Commissioner of CBP’’; and
■ e. In paragraph (g), remove the word
‘‘specifed’’ and add in its place
‘‘specified’’ and remove the word
‘‘Customs’’ and add in its place ‘‘CBP’’;
The revisions read as follows:
§ 12.42
Findings of Commissioner of CBP.
*
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(b) Any person outside CBP who has
reason to believe that merchandise
produced in the circumstances
mentioned in paragraph (a) of this
section is being, or is likely to be,
imported into the United States may
communicate his belief to any port
director or the Commissioner of CBP.
Every such communication shall
contain, or be accompanied by:
(1) A full statement of the reasons for
the belief;
(2) A detailed description or sample
of the merchandise; and
(3) All pertinent facts obtainable as to
the production of the merchandise
abroad.
*
*
*
*
*
§ 12.43
[Amended]
3. In § 12.43, in paragraphs (a) and (b),
remove the words ‘‘Commissioner of
Customs’’ and add in their place the
words ‘‘port director or Commissioner
of CBP’’.
■
§ 12.44
[Amended]
5. Amend § 12.44 as follows:
a. In paragraphs (a) and (b) remove all
instances of the words ‘‘Commissioner
of Customs’’ and add in their place
‘‘Commissioner of CBP’’; and
■ b. In paragraph (c) remove the word
‘‘Customs’’ and add in its place ‘‘CBP’’.
asabaliauskas on DSKBBXCHB2PROD with RULES
■
■
Dated: June 5, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and
Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017–11908 Filed 6–7–17; 8:45 am]
BILLING CODE 9111–14–P
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0456]
Drawbridge Operation Regulation;
Lake Washington Ship Canal, Seattle,
WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Ballard
Bridge, mile 1.1, the Fremont Bridge,
mile 2.6, and the University Bridge,
mile 4.3, all crossing the Lake
Washington Ship Canal at Seattle, WA.
The deviation is necessary to
accommodate the 4th of July fireworks
event. This deviation allows the bridges
to remain in the closed-to-navigation
position to allow for the safe movement
of event participants.
DATES: This deviation is effective from
9 p.m. on July 4, 2017, to 1 a.m. on July
5, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0456] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: Seattle
Department of Transportation, the
owner of the impacted drawbridges,
requested a temporary deviation from
the operating schedule for the Ballard
Bridge, mile 1.1, the Fremont Bridge,
mile 2.6, and the University Bridge,
mile 4.3, all crossing the Lake
Washington Ship Canal at Seattle, WA,
to facilitate safe passage of participants
in the 4th of July fireworks event. The
Ballard Bridge provides a vertical
clearance of 29 feet in the closed-tonavigation position; the University
Bridge provides a vertical clearance of
30 feet in the closed-to-navigation
position; the Fremont Bridge provides a
vertical clearance of 14 feet (31 feet of
vertical clearance for the center 36
horizontal feet) in the closed-tonavigation position. Vertical clearances
are referenced to the Mean Water Level
SUMMARY:
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of Lake Washington. The normal
operating schedule for the three subject
bridges is in 33 CFR 117.1051. During
this deviation period, the Ballard Bridge
and University Bridge need not open to
marine vessels from 10 p.m. on July 4,
2017, to 1:00 a.m. on July 5, 2017, and
the Fremont Bridge need not open to
marine vessels from 9 p.m. on July 4,
2017, to 00:30 a.m. on July 5, 2017.
Waterway usage on Lake Washington
Ship Canal ranges from commercial tug
and barge to small pleasure craft. The
Coast Guard conducted outreach to
known users of this waterway for
feedback on the deviation and received
no objections. Vessels able to pass
through the bridges in the closed-tonavigation position may do so at
anytime. Both bridges will be able to
open for emergencies, and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that 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: June 2, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2017–11901 Filed 6–7–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0488]
RIN 1625–AA00
Safety Zone; Columbia River, Goble,
OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
along the navigable waters of the
Columbia River in Goble, OR. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by vessel
removal and remediation operations
SUMMARY:
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
near the vessel RIVER QUEEN. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Columbia River or a designated
representative.
This rule is effective without
actual notice from June 8, 2017 until
11:59 p.m. on June 30, 2017. For the
purposes of enforcement, actual notice
will be used from June 1, 2017, until
June 8, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0488 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:
DATES:
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
asabaliauskas on DSKBBXCHB2PROD with RULES
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 to do
so would be impracticable since delayed
promulgation may result in injury to the
maritime public or response personnel,
and damage to vessels, equipment, and
the marine environment. in the vicinity
of the affected area from the hazards
associated with vessel removal and
remediation operations.
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
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because such a delay may result in
injury or damage to response personnel,
vessels, and equipment; the maritime
public; and/or the marine environment
in the vicinity of the affected area from
the hazards associated with vessel
removal and remediation operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Columbia River
(COTP) has determined that potential
hazards associated with vessel removal
and remediation operations starting
June 1, 2017, will be a safety concern for
anyone within a designated area
surrounding the vessel RIVER QUEEN.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the removal and remediation
operations are occurring.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8 a.m. June 1, 2017, through 11:59
p.m. June 30, 2017. If the safety
concerns are abated before June 30,
2017, the Captain of the Port, Columbia
River will issue a general permission to
enter the zone and a separate rule to
terminate the effective period of this
rule. This safety zone covers all
navigable waters of the Columbia River
surrounding the vessel RIVER QUEEN
located in Goble, OR, encompassed by
these points: 46°00.566 N., 122°52.34
W.; 46°00.657 N., 122°52.34 W.;
46°00.658 N., 122°52.45 W.; and
46°00.563 N., 122°52.43 W. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during vessel removal and
remediation operations. 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 13771 directs agencies
to control regulatory costs through a
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26585
budgeting process. This temporary final
rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB), and pursuant to OMB guidance
it is exempt from the requirements of
Executive Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which will
impact a small designated area of the
Columbia River in Goble, OR for a
month and during a time of year when
vessel traffic is normally low. Moreover,
the Coast Guard will issue Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone and the rule
allows 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 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 (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
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
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).
asabaliauskas on DSKBBXCHB2PROD with RULES
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
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
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Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that it is one of a category
of actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
adjusts rates in accordance with
applicable statutory and regulatory
mandates. It is categorically excluded
under section 2.B.2, figure 2–1,
paragraph 34(g) of the Instruction,
which pertains to minor regulatory
changes that are editorial or procedural
in nature. A Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated in the ADDRESSES
section of this preamble.
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
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.
2. Add § 165.T13–0488 to read as
follows:
■
§ 165.T13–0488 Safety Zone; Columbia
River, Goble, OR.
(a) Location. The following area is
designated safety zone: All navigable
waters of the Columbia River
surrounding the vessel RIVER QUEEN
located in Goble, OR, encompassed by
a line connecting the following points:
46°00.566 N., 122°52.34 W.; 46°00.657
N., 122°52.34 W.; 46°00.658 N.,
122°52.45 W.; and 46°00.563 N.,
122°52.43 W.
(b) Enforcement period. This safety
zone is in effect from June 1, 2017 until
June 30, 2017. It will be subject to
enforcement this entire period unless
the Captain of the Port, Columbia River
(COTP) determines it is no longer
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needed in which case the COTP will
issue a general permission to enter the
zone and a separate rule to terminate the
effective period of this rule. The Coast
Guard will inform mariners of any
change to this period of enforcement via
Broadcast Notice to Mariners.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart C, no person may enter or
remain in the safety zone created in this
section or bring, cause to be brought, or
allow to remain in the safety zone
created in this section any vehicle,
vessel, or object unless authorized by
the Captain of the Port or his designated
representative.
(c) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer
may enforce the rules in this section.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector Columbia River.
[FR Doc. 2017–11846 Filed 6–7–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0412]
RIN 1625–AA00
Safety Zone; Navy Underwater
Detonation (UNDET) Exercise, Apra
Outer Harbor, GU
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within Apra Outer
Harbor, Guam. The safety zone will
encompass a U.S. Navy render safe
underwater detonation (UNDET)
exercise. The Coast Guard believes this
safety zone regulation is necessary to
protect the public and exercise
participants within the affected area
from safety hazards associated with the
exercise. This safety zone will impact a
small designated area of navigable
waters in Apra Outer Harbor for 8 hours
or less. With the exception of exercise
participants, entry of vessels or persons
into the zone is prohibited unless
specifically authorized by the Captain of
the Port Guam.
DATES: This rule is effective from 8 a.m.
through 4 p.m. on June 21, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26584-26586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11846]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0488]
RIN 1625-AA00
Safety Zone; Columbia River, Goble, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone along
the navigable waters of the Columbia River in Goble, OR. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by vessel removal and
remediation operations
[[Page 26585]]
near the vessel RIVER QUEEN. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Columbia River or a designated representative.
DATES: This rule is effective without actual notice from June 8, 2017
until 11:59 p.m. on June 30, 2017. For the purposes of enforcement,
actual notice will be used from June 1, 2017, until June 8, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0488 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
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 to do so would be impracticable since
delayed promulgation may result in injury to the maritime public or
response personnel, and damage to vessels, equipment, and the marine
environment. in the vicinity of the affected area from the hazards
associated with vessel removal and remediation operations.
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 because such a delay may
result in injury or damage to response personnel, vessels, and
equipment; the maritime public; and/or the marine environment in the
vicinity of the affected area from the hazards associated with vessel
removal and remediation operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Columbia River (COTP) has determined that
potential hazards associated with vessel removal and remediation
operations starting June 1, 2017, will be a safety concern for anyone
within a designated area surrounding the vessel RIVER QUEEN. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the removal and
remediation operations are occurring.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. June 1, 2017,
through 11:59 p.m. June 30, 2017. If the safety concerns are abated
before June 30, 2017, the Captain of the Port, Columbia River will
issue a general permission to enter the zone and a separate rule to
terminate the effective period of this rule. This safety zone covers
all navigable waters of the Columbia River surrounding the vessel RIVER
QUEEN located in Goble, OR, encompassed by these points: 46[deg]00.566
N., 122[deg]52.34 W.; 46[deg]00.657 N., 122[deg]52.34 W.; 46[deg]00.658
N., 122[deg]52.45 W.; and 46[deg]00.563 N., 122[deg]52.43 W. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during vessel removal and
remediation operations. 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 13771 directs agencies to control
regulatory costs through a budgeting process. This temporary final rule
has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the NPRM has not been reviewed by
the Office of Management and Budget (OMB), and pursuant to OMB guidance
it is exempt from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which will impact a small
designated area of the Columbia River in Goble, OR for a month and
during a time of year when vessel traffic is normally low. Moreover,
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone and the rule allows 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 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 (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
[[Page 26586]]
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 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 it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. It is categorically excluded under section 2.B.2,
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor
regulatory changes that are editorial or procedural in nature. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.
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.T13-0488 to read as follows:
Sec. 165.T13-0488 Safety Zone; Columbia River, Goble, OR.
(a) Location. The following area is designated safety zone: All
navigable waters of the Columbia River surrounding the vessel RIVER
QUEEN located in Goble, OR, encompassed by a line connecting the
following points: 46[deg]00.566 N., 122[deg]52.34 W.; 46[deg]00.657 N.,
122[deg]52.34 W.; 46[deg]00.658 N., 122[deg]52.45 W.; and 46[deg]00.563
N., 122[deg]52.43 W.
(b) Enforcement period. This safety zone is in effect from June 1,
2017 until June 30, 2017. It will be subject to enforcement this entire
period unless the Captain of the Port, Columbia River (COTP) determines
it is no longer needed in which case the COTP will issue a general
permission to enter the zone and a separate rule to terminate the
effective period of this rule. The Coast Guard will inform mariners of
any change to this period of enforcement via Broadcast Notice to
Mariners.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative.
(c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2017-11846 Filed 6-7-17; 8:45 am]
BILLING CODE 9110-04-P
