Safety Zone; Columbia River, Cascade Locks, OR, 55101-55102 [2018-23955]
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Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0998]
RIN 1625–AA00
Safety Zone; Columbia River, Cascade
Locks, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Columbia River
between river mile 142 and 143 in
vicinity of Cascade Locks, Oregon. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by salvage operations of the tug
DIANE. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Columbia River.
DATES: This rule is effective without
actual notice from November 2, 2018
through November 16, 2018. For the
purposes of enforcement, actual notice
will be used from October 27, 2018
through November 2, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0998 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 Dixon Whitley, 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
§ 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
VerDate Sep<11>2014
16:11 Nov 01, 2018
Jkt 247001
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 and delayed
promulgation may result in injury or
damage to the maritime public and/or
the marine environment on the
Columbia River due to the safety
hazards associated with associated pile
driving, cofferdam installation, diving,
and vessel recovery operations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with pile driving, cofferdam
installation, diving, and vessel recovery
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 pile driving,
cofferdam installation, diving and vessel
recovery operations will be a safety
concern for anyone transiting between
Columbia River Mile 142 and 143 in
vicinity of Cascade Locks, Oregon. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while salvage operations are
occurring.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. until 5 p.m. on October 27,
2018 through November 16, 2018. The
safety zone will cover all navigable
waters on the Columbia River between
river mile 142 and 143. The duration of
the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
while salvage operations are occurring.
Due to the unpredictable and potentially
dangerous nature of diving and vessel
recovery operations it was determined
that it is best to exclude vessel traffic
around all vessels engaged in diving and
vessel recovery operations. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
55101
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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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, duration,
and time-of-year of the safety zone. 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
E:\FR\FM\02NOR1.SGM
02NOR1
55102
Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Rules and Regulations
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
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
VerDate Sep<11>2014
16:11 Nov 01, 2018
Jkt 247001
$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
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting less than 30 days that will
prohibit vessel traffic to transit between
Columbia River Mile 142 and 143
during diving and vessel recovery
operations. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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.T13–0998 to read as
follows:
■
§ 165.T13–0998 Safety Zone; Columbia
River, Cascade Locks, OR.
(a) Location. The following area is
designated safety zone: All navigable
waters of the Columbia River, from
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
surface to bottom, between river mile
142 and 143.
(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.
(2) To seek permission to enter,
contact Derrick Barge DB 125 or tug
RUTH via VHF–FM marine channel 14.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(c) Enforcement period. This safety
zone is in effect from 7 a.m. until 5 p.m.
on October 27, 2018 through November
16, 2018. It will be subject to
enforcement this entire period unless
the Captain of the Port, Columbia River
(COTP) determines it is no longer
needed. The Coast Guard will inform
mariners of any change to this period of
enforcement via Broadcast Notice to
Mariners.
Dated: October 26, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Columbia River.
[FR Doc. 2018–23955 Filed 11–1–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO–P–2018–0030]
Interim Procedure for Requesting
Recalculation of the Patent Term
Adjustment With Respect to
Information Disclosure Statements
Accompanied by a Safe Harbor
Statement
United States Patent and
Trademark Office, Commerce.
ACTION: Notification of interim
procedure.
AGENCY:
The patent laws provide for
patent term adjustment in the event that
the issuance of the patent is delayed due
to certain enumerated administrative
delays. The USPTO makes the patent
term adjustment determination included
on the patent by a computer program
that uses the information recorded in
the USPTO’s Patent Application
Locating and Monitoring (PALM)
system. The USPTO will be modifying
SUMMARY:
E:\FR\FM\02NOR1.SGM
02NOR1
Agencies
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Rules and Regulations]
[Pages 55101-55102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23955]
[[Page 55101]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0998]
RIN 1625-AA00
Safety Zone; Columbia River, Cascade Locks, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Columbia River between river mile 142 and 143
in vicinity of Cascade Locks, Oregon. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by salvage operations of the tug DIANE. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Columbia River.
DATES: This rule is effective without actual notice from November 2,
2018 through November 16, 2018. For the purposes of enforcement, actual
notice will be used from October 27, 2018 through November 2, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0998 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 Dixon Whitley, Waterways Management Division, Marine
Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email
[email protected].
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 and
delayed promulgation may result in injury or damage to the maritime
public and/or the marine environment on the Columbia River due to the
safety hazards associated with associated pile driving, cofferdam
installation, diving, and vessel recovery operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with pile driving,
cofferdam installation, diving, and vessel recovery 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 pile driving, cofferdam installation,
diving and vessel recovery operations will be a safety concern for
anyone transiting between Columbia River Mile 142 and 143 in vicinity
of Cascade Locks, Oregon. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while salvage operations are occurring.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. until 5 p.m. on
October 27, 2018 through November 16, 2018. The safety zone will cover
all navigable waters on the Columbia River between river mile 142 and
143. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters while
salvage operations are occurring. Due to the unpredictable and
potentially dangerous nature of diving and vessel recovery operations
it was determined that it is best to exclude vessel traffic around all
vessels engaged in diving and vessel recovery 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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, duration, and time-of-year of the safety zone. 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
[[Page 55102]]
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 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
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting less than 30 days that will prohibit vessel
traffic to transit between Columbia River Mile 142 and 143 during
diving and vessel recovery operations. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
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.T13-0998 to read as follows:
Sec. 165.T13-0998 Safety Zone; Columbia River, Cascade Locks, OR.
(a) Location. The following area is designated safety zone: All
navigable waters of the Columbia River, from surface to bottom, between
river mile 142 and 143.
(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.
(2) To seek permission to enter, contact Derrick Barge DB 125 or
tug RUTH via VHF-FM marine channel 14. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(c) Enforcement period. This safety zone is in effect from 7 a.m.
until 5 p.m. on October 27, 2018 through November 16, 2018. It will be
subject to enforcement this entire period unless the Captain of the
Port, Columbia River (COTP) determines it is no longer needed. The
Coast Guard will inform mariners of any change to this period of
enforcement via Broadcast Notice to Mariners.
Dated: October 26, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Columbia
River.
[FR Doc. 2018-23955 Filed 11-1-18; 8:45 am]
BILLING CODE 9110-04-P