81_FR_14859 81 FR 14806 - Safety Zone; Willamette River, Portland, OR

81 FR 14806 - Safety Zone; Willamette River, Portland, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 53 (March 18, 2016)

Page Range14806-14808
FR Document2016-06113

The Coast Guard proposes to establish a safety zone for certain waters of the Willamette River in the vicinity of Tom McCall Waterfront Park, Portland, OR. This action is necessary to provide for the safety of life on these navigable waters for the duration of the marine event on July 10, 2016. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Columbia River or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 53 (Friday, March 18, 2016)
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14806-14808]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06113]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0163]
RIN 1625-AA00


Safety Zone; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for 
certain waters of the Willamette River in the vicinity of Tom McCall 
Waterfront Park, Portland, OR. This action is necessary to provide for 
the safety of life on these navigable waters for the duration of the 
marine event on July 10, 2016. This proposed rulemaking would prohibit 
persons and vessels from being in the safety zone unless authorized by 
the Captain of the Port Sector Columbia River or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 18, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0163 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Ken Lawrenson, 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, Purpose, and Legal Basis

    On December 22, 2015, the Human Access Project notified the Coast 
Guard that it will be conducting a marine event from 10 a.m. to 7 p.m. 
on July 10, 2016, for The Big Float. This event will be a group inner-
tube float of the Willamette River in downtown Portland from the 
Marquam Bridge to Tom McCall Waterfront Park. The Captain of the Port 
Sector Columbia River (COTP) has determined that the potential hazards 
associated with this marine event would be a safety concern for anyone 
transiting between the Hawthorne Bridge and Marquam Bridge. The purpose 
of this rulemaking is to ensure the safety of persons, vessels, and the 
navigable waters before, during, and after the scheduled event. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 10 a.m. to 7 p.m. 
on July 7, 2016. The safety zone would cover all navigable waters 
within a straight line from the Hawthorne Bridge to the Marquam Bridge 
extending approximately 200 yards from the shore east into the 
Willamette River. The duration of the zone is intended to ensure the 
safety of event participants, vessels and these navigable waters during 
the event scheduled from 10 a.m. to 7 p.m.. No vessel or person would 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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.

[[Page 14807]]

Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This NPRM 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic, 
including passenger vessels and barges, would be able to transit around 
this safety zone which would impact only a small designated area of the 
Willamette River. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone that would prohibit entry within 200 yards of the Tom McCall 
Waterfront Park between the Hawthorne Bridge and Marquam Bridge. 
Normally such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist 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 
proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all

[[Page 14808]]

public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.T13-0163 to read as follows:


Sec.  165.T13-0163  Safety Zone; The Big Float, Willamette River, 
Portland, OR

    (a) Regulated area. The following regulated area is a safety zone: 
all navigable waters of the Willamette River, in Portland, Oregon, 
enclosed by the Hawthorne Bridge, the Marquam Bridge, and west of a 
line beginning at the Hawthorne Bridge at approximate location 
45[deg]30'50'' N.; 122[deg]40'21'' W., and running south to the Marquam 
Bridge at approximate location 45[deg] 30'27'' N.; 122[deg]40'11'' W.
    (b) Definitions. As used in this section--
    Designated representative means Coast Guard Patrol Commanders, 
including Coast Guard coxswains, petty officers, and other officers 
operating Coast Guard vessels, and Federal, state, and local officers 
designated by or assisting the Captain of the Port Sector Columbia 
River in the enforcement of the regulated area.
    Non-participant persons and vessels means persons and vessels that 
are not participating in the event and are therefore prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Sector 
Columbia River or a designated representative.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165, subpart C, non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area identified in paragraph (a) of this 
section unless authorized by Captain of the Port Sector Columbia River 
or a designated representative.
    (2) Non-participant persons and vessels may request authorization 
to enter, transit through, anchor in, or remain within the regulated 
area by contacting the Captain of the Port Sector Columbia River or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port Sector Columbia River or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Sector Columbia River or a designated representative.
    (d) Enforcement period. This safety zone will be enforced for the 
duration of the marine event on July10, 2016.

    Dated: March 10, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-06113 Filed 3-17-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                      14806                              Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules

                                                      Airplane Directorate, 901 Locust Ave. Room                                 www.regulations.gov by searching for and                                       (5) The following aircraft service
                                                      301, Kansas City, MO; phone: 816–329–4165;                                 locating it in Docket No. FAA–2016–2042.                                    information contains FAA-approved
                                                      fax: 816–329–4090; email: Jim.Rutherford@                                    (4) BRP-Powertrain GmbH & Co KG Service                                   procedures for complying with paragraph
                                                      faa.gov.                                                                   Bulletin (SB) SB–912–068/SB–914–049 (one                                    (e)(3) of this AD and can be obtained from
                                                        (3) Refer to MCAI European Aviation                                      document), dated April 16, 2015, can be                                     BRP-Powertrain GmbH & Co. KG, using the
                                                      Safety Agency, AD 2015–0240, dated
                                                      December 18, 2015, for more information.                                   obtained from BRP-Powertrain GmbH & Co                                      contact information in paragraph (g)(6) of this
                                                      You may examine the MCAI in the AD                                         KG, using the contact information in                                        proposed AD:
                                                      docket on the Internet at http://                                          paragraph (g)(6) of this proposed AD.

                                                                             FIGURE 2 TO PARAGRAPH (G) OF THIS AD—AIRCRAFT TYPE/MODEL AND SERVICE INFORMATION
                                                                                                                                           Type/model(s)                                                                                                        SB

                                                      Aquila AT01 ......................................................................................................................................................................................   SB–AT01–029
                                                      TECNAM P92, P2002 and P2006T ..................................................................................................................................................                      SB–183–CS
                                                      TECNAM P2008 JC ..........................................................................................................................................................................           SB–185–CS
                                                      Diamond H 36 ‘‘Dimona’’ and HK 36 ‘‘Super Dimona’’ ....................................................................................................................                              OSB 36–111
                                                      Diamond DV 20 ‘‘Katana’’ ................................................................................................................................................................            OSB 20–066
                                                      Diamond (Canada) DA20–A1 ‘‘Katana’’ ...........................................................................................................................................                      SB Da20–72–04
                                                      M&D AVO 68 ‘‘Samburo’’ .................................................................................................................................................................             TM 808–31
                                                      Scheibe SF 25 C and SF 36 R ........................................................................................................................................................                 SI_02–14



                                                         (6) For service information identified in                               Captain of the Port Sector Columbia                                         associated with this marine event would
                                                      this proposed AD, contact BRP-Powertrain                                   River or a designated representative. We                                    be a safety concern for anyone transiting
                                                      GmbH & Co. KG, Rotaxstrasse 1, A–4623                                      invite your comments on this proposed                                       between the Hawthorne Bridge and
                                                      Gunskirchen, Austria; phone: +43 7246 6010;                                rulemaking.                                                                 Marquam Bridge. The purpose of this
                                                      fax: +43 7246 601 9130; email:
                                                      airworthiness@brp.com; Internet: www.rotax-                                DATES: Comments and related material                                        rulemaking is to ensure the safety of
                                                      aircraft-engines.com.                                                      must be received by the Coast Guard on                                      persons, vessels, and the navigable
                                                         (7) You may view this service information                               or before April 18, 2016.                                                   waters before, during, and after the
                                                      at the FAA, Engine & Propeller Directorate,                                ADDRESSES: You may submit comments                                          scheduled event. The Coast Guard
                                                      1200 District Avenue, Burlington, MA. For                                  identified by docket number USCG–                                           proposes this rulemaking under
                                                      information on the availability of this                                    2016–0163 using the Federal                                                 authority in 33 U.S.C. 1231.
                                                      material at the FAA, call 781–238–7125.                                    eRulemaking Portal at http://                                               III. Discussion of Proposed Rule
                                                        Issued in Burlington, Massachusetts, on                                  www.regulations.gov. See the ‘‘Public
                                                      March 11, 2016.                                                            Participation and Request for                                                  The COTP proposes to establish a
                                                      Colleen M. D’Alessandro,                                                   Comments’’ portion of the                                                   safety zone from 10 a.m. to 7 p.m. on
                                                                                                                                 SUPPLEMENTARY INFORMATION section for
                                                                                                                                                                                                             July 7, 2016. The safety zone would
                                                      Manager, Engine & Propeller Directorate,
                                                      Aircraft Certification Service.                                            further instructions on submitting                                          cover all navigable waters within a
                                                                                                                                 comments.                                                                   straight line from the Hawthorne Bridge
                                                      [FR Doc. 2016–06118 Filed 3–17–16; 8:45 am]
                                                                                                                                                                                                             to the Marquam Bridge extending
                                                      BILLING CODE 4910–13–P                                                     FOR FURTHER INFORMATION CONTACT: If                                         approximately 200 yards from the shore
                                                                                                                                 you have questions about this proposed                                      east into the Willamette River. The
                                                                                                                                 rulemaking, call or email Ken                                               duration of the zone is intended to
                                                      DEPARTMENT OF HOMELAND                                                     Lawrenson, Waterways Management                                             ensure the safety of event participants,
                                                      SECURITY                                                                   Division, Marine Safety Unit Portland,                                      vessels and these navigable waters
                                                                                                                                 U.S. Coast Guard; telephone 503–240–                                        during the event scheduled from 10 a.m.
                                                      Coast Guard                                                                9319, email msupdxwwm@uscg.mil.                                             to 7 p.m.. No vessel or person would be
                                                                                                                                 SUPPLEMENTARY INFORMATION:                                                  permitted to enter the safety zone
                                                      33 CFR Part 165                                                                                                                                        without obtaining permission from the
                                                                                                                                 I. Table of Abbreviations
                                                      [Docket Number USCG–2016–0163]
                                                                                                                                 CFR Code of Federal Regulations
                                                                                                                                                                                                             COTP or a designated representative.
                                                                                                                                 DHS Department of Homeland Security                                         The regulatory text we are proposing
                                                      RIN 1625–AA00
                                                                                                                                 FR Federal Register                                                         appears at the end of this document.
                                                      Safety Zone; Willamette River,                                             NPRM Notice of proposed rulemaking
                                                                                                                                                                                                             IV. Regulatory Analyses
                                                      Portland, OR                                                               § Section
                                                                                                                                 U.S.C. United States Code                                                     We developed this proposed rule after
                                                      AGENCY:       Coast Guard, DHS.                                                                                                                        considering numerous statutes and
                                                                                                                                 II. Background, Purpose, and Legal
                                                      ACTION:       Notice of proposed rulemaking.                                                                                                           Executive orders related to rulemaking.
                                                                                                                                 Basis
                                                                                                                                                                                                             Below we summarize our analyses
                                                      SUMMARY:   The Coast Guard proposes to                                        On December 22, 2015, the Human                                          based on a number of these statutes and
                                                      establish a safety zone for certain waters                                 Access Project notified the Coast Guard                                     Executive orders and we discuss First
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      of the Willamette River in the vicinity                                    that it will be conducting a marine event                                   Amendment rights of protestors.
                                                      of Tom McCall Waterfront Park,                                             from 10 a.m. to 7 p.m. on July 10, 2016,
                                                      Portland, OR. This action is necessary to                                  for The Big Float. This event will be a                                     A. Regulatory Planning and Review
                                                      provide for the safety of life on these                                    group inner-tube float of the Willamette                                       Executive Orders 12866 and 13563
                                                      navigable waters for the duration of the                                   River in downtown Portland from the                                         direct agencies to assess the costs and
                                                      marine event on July 10, 2016. This                                        Marquam Bridge to Tom McCall                                                benefits of available regulatory
                                                      proposed rulemaking would prohibit                                         Waterfront Park. The Captain of the Port                                    alternatives and, if regulation is
                                                      persons and vessels from being in the                                      Sector Columbia River (COTP) has                                            necessary, to select regulatory
                                                      safety zone unless authorized by the                                       determined that the potential hazards                                       approaches that maximize net benefits.


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                                                                                Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules                                           14807

                                                      Executive Order 13563 emphasizes the                    question or complain about this                       action is one of a category of actions that
                                                      importance of quantifying both costs                    proposed rule or any policy or action of              do not individually or cumulatively
                                                      and benefits, of reducing costs, of                     the Coast Guard.                                      have a significant effect on the human
                                                      harmonizing rules, and of promoting                                                                           environment. This proposed rule
                                                                                                              C. Collection of Information
                                                      flexibility. This NPRM has not been                                                                           involves a safety zone that would
                                                      designated a ‘‘significant regulatory                     This proposed rule would not call for               prohibit entry within 200 yards of the
                                                      action,’’ under Executive Order 12866.                  a new collection of information under                 Tom McCall Waterfront Park between
                                                      Accordingly, the NPRM has not been                      the Paperwork Reduction Act of 1995                   the Hawthorne Bridge and Marquam
                                                      reviewed by the Office of Management                    (44 U.S.C. 3501–3520).                                Bridge. Normally such actions are
                                                      and Budget.                                             D. Federalism and Indian Tribal                       categorically excluded from further
                                                         This regulatory action determination                                                                       review under paragraph 34(g) of Figure
                                                                                                              Governments
                                                      is based on the size, location, duration,                                                                     2–1 of Commandant Instruction
                                                      and time-of-day of the safety zone.                        A rule has implications for federalism             M16475.lD. A preliminary
                                                      Vessel traffic, including passenger                     under Executive Order 13132,                          environmental analysis checklist and
                                                      vessels and barges, would be able to                    Federalism, if it has a substantial direct            Categorical Exclusion Determination are
                                                      transit around this safety zone which                   effect on the States, on the relationship             available in the docket where indicated
                                                      would impact only a small designated                    between the national government and                   under ADDRESSES. We seek any
                                                      area of the Willamette River. Moreover,                 the States, or on the distribution of                 comments or information that may lead
                                                      the Coast Guard would issue a                           power and responsibilities among the                  to the discovery of a significant
                                                      Broadcast Notice to Mariners via VHF–                   various levels of government. We have                 environmental impact from this
                                                      FM marine channel 16 about the zone,                    analyzed this proposed rule under that                proposed rule.
                                                      and the rule would allow vessels to seek                Order and have determined that it is
                                                      permission to enter the zone.                           consistent with the fundamental                       G. Protest Activities
                                                                                                              federalism principles and preemption                    The Coast Guard respects the First
                                                      B. Impact on Small Entities                             requirements described in Executive                   Amendment rights of protesters.
                                                         The Regulatory Flexibility Act of                    Order 13132.                                          Protesters are asked to contact the
                                                      1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have             person listed in the FOR FURTHER
                                                      requires Federal agencies to consider                   tribal implications under Executive                   INFORMATION CONTACT section to
                                                      the potential impact of regulations on                  Order 13175, Consultation and                         coordinate protest activities so that your
                                                      small entities during rulemaking. The                   Coordination with Indian Tribal                       message can be received without
                                                      term ‘‘small entities’’ comprises small                 Governments, because it would not have                jeopardizing the safety or security of
                                                      businesses, not-for-profit organizations                a substantial direct effect on one or                 people, places, or vessels.
                                                      that are independently owned and                        more Indian tribes, on the relationship
                                                      operated and are not dominant in their                  between the Federal Government and                    V. Public Participation and Request for
                                                      fields, and governmental jurisdictions                  Indian tribes, or on the distribution of              Comments
                                                      with populations of less than 50,000.                   power and responsibilities between the                   We view public participation as
                                                      The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                 essential to effective rulemaking, and
                                                      605(b) that this proposed rule would not                If you believe this proposed rule has                 will consider all comments and material
                                                      have a significant economic impact on                   implications for federalism or Indian                 received during the comment period.
                                                      a substantial number of small entities.                 tribes, please contact the person listed              Your comment can help shape the
                                                         While some owners or operators of                    in the FOR FURTHER INFORMATION                        outcome of this rulemaking. If you
                                                      vessels intending to transit the safety                 CONTACT section.                                      submit a comment, please include the
                                                      zone may be small entities, for the                                                                           docket number for this rulemaking,
                                                      reasons stated in section IV.A above this               E. Unfunded Mandates Reform Act                       indicate the specific section of this
                                                      proposed rule would not have a                             The Unfunded Mandates Reform Act                   document to which each comment
                                                      significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                 applies, and provide a reason for each
                                                      vessel owner or operator.                               Federal agencies to assess the effects of             suggestion or recommendation.
                                                         If you think that your business,                     their discretionary regulatory actions. In               We encourage you to submit
                                                      organization, or governmental                           particular, the Act addresses actions                 comments through the Federal
                                                      jurisdiction qualifies as a small entity                that may result in the expenditure by a               eRulemaking Portal at http://
                                                      and that this rule would have a                         State, local, or tribal government, in the            www.regulations.gov. If your material
                                                      significant economic impact on it,                      aggregate, or by the private sector of                cannot be submitted using http://
                                                      please submit a comment (see                            $100,000,000 (adjusted for inflation) or              www.regulations.gov, contact the person
                                                      ADDRESSES) explaining why you think it                  more in any one year. Though this                     in the FOR FURTHER INFORMATION
                                                      qualifies and how and to what degree                    proposed rule would not result in such                CONTACT section of this document for
                                                      this rule would economically affect it.                 an expenditure, we do discuss the                     alternate instructions.
                                                         Under section 213(a) of the Small                    effects of this rule elsewhere in this                   We accept anonymous comments. All
                                                      Business Regulatory Enforcement                         preamble.                                             comments received will be posted
                                                      Fairness Act of 1996 (Pub. L. 104–121),                                                                       without change to http://
                                                      we want to assist small entities in                     F. Environment                                        www.regulations.gov and will include
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      understanding this proposed rule. If the                  We have analyzed this proposed rule                 any personal information you have
                                                      rule would affect your small business,                  under Department of Homeland                          provided. For more about privacy and
                                                      organization, or governmental                           Security Management Directive 023–01                  the docket, you may review a Privacy
                                                      jurisdiction and you have questions                     and Commandant Instruction                            Act notice regarding the Federal Docket
                                                      concerning its provisions or options for                M16475.lD, which guide the Coast                      Management System in the March 24,
                                                      compliance, please contact the person                   Guard in complying with the National                  2005, issue of the Federal Register (70
                                                      listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                  FR 15086).
                                                      CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                      Documents mentioned in this NPRM
                                                      not retaliate against small entities that               preliminary determination that this                   as being available in the docket, and all


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                                                      14808                     Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules

                                                      public comments, will be in our online                  area identified in paragraph (a) of this                 Hand Delivery: Gary Westefer, LR–8J,
                                                      docket at http://www.regulations.gov                    section unless authorized by Captain of               U.S. EPA, Region 5, 77 West Jackson
                                                      and can be viewed by following that                     the Port Sector Columbia River or a                   Boulevard, Chicago, Illinois 60604.
                                                      Web site’s instructions. Additionally, if               designated representative.                            Such deliveries are only accepted
                                                      you go to the online docket and sign up                   (2) Non-participant persons and                     during the normal business hours of
                                                      for email alerts, you will be notified                  vessels may request authorization to                  operation; special arrangements should
                                                      when comments are posted or a final                     enter, transit through, anchor in, or                 be made for deliveries of boxed
                                                      rule is published.                                      remain within the regulated area by                   information.
                                                                                                              contacting the Captain of the Port Sector                Instructions: Direct your comments to
                                                      List of Subjects in 33 CFR Part 165                                                                           Docket ID Number EPA–R05–RCRA–
                                                                                                              Columbia River or a designated
                                                        Harbors, Marine safety, Navigation                    representative via VHF radio on channel               2015–0555. EPA’s policy is that all
                                                      (water), Reporting and recordkeeping                    16. If authorization is granted by the                comments received will be included in
                                                      requirements, Security measures,                        Captain of the Port Sector Columbia                   the public docket without change and
                                                      Waterways.                                              River or a designated representative, all             may be made available online at
                                                        For the reasons discussed in the                      persons and vessels receiving such                    http://www.regulations.gov, including
                                                      preamble, the Coast Guard proposes to                   authorization must comply with the                    any personal information provided,
                                                      amend 33 CFR part 165 as follows:                       instructions of the Captain of the Port               unless the comment includes
                                                                                                              Sector Columbia River or a designated                 information claimed to be Confidential
                                                      PART 165—REGULATED NAVIGATION                           representative.                                       Business Information (CBI) or other
                                                      AREAS AND LIMITED ACCESS AREAS                            (d) Enforcement period. This safety                 information whose disclosure is
                                                                                                              zone will be enforced for the duration                restricted by statute. Do not submit
                                                      ■ 1. The authority citation for part 165                of the marine event on July10, 2016.                  information that you consider to be CBI
                                                      continues to read as follows:                                                                                 or otherwise protected through
                                                                                                                Dated: March 10, 2016.
                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   www.regulations.gov or email. The
                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               D.J. Travers,                                         www.regulations.gov Web site is an
                                                      Department of Homeland Security Delegation              Captain, U.S. Coast Guard, Captain of the             ‘‘anonymous access’’ system, which
                                                      No. 0170.1.                                             Port, Sector Columbia River.                          means EPA will not know your identity
                                                                                                              [FR Doc. 2016–06113 Filed 3–17–16; 8:45 am]           or contact information unless you
                                                      ■ 2. Add § 165.T13–0163 to read as
                                                      follows:                                                BILLING CODE 9110–04–P                                provide it in the body of your comment.
                                                                                                                                                                    If you send an email comment directly
                                                      § 165.T13–0163 Safety Zone; The Big                                                                           to EPA without going through
                                                      Float, Willamette River, Portland, OR                   ENVIRONMENTAL PROTECTION                              www.regulations.gov, your email
                                                         (a) Regulated area. The following                    AGENCY                                                address will be automatically captured
                                                      regulated area is a safety zone: all                                                                          and included as part of the comment
                                                      navigable waters of the Willamette                      40 CFR Part 271                                       that is placed in the public docket and
                                                      River, in Portland, Oregon, enclosed by                 [EPA–R05–RCRA–2015–0555; FRL–9943–                    made available on the Internet. If you
                                                      the Hawthorne Bridge, the Marquam                       72–Region 5]                                          submit an electronic comment, EPA
                                                      Bridge, and west of a line beginning at                                                                       recommends that you include your
                                                      the Hawthorne Bridge at approximate                     Illinois: Final Authorization of State                name and other contact information in
                                                      location 45°30′50″ N.; 122°40′21″ W.,                   Hazardous Waste Management                            the body of your comment and with any
                                                      and running south to the Marquam                        Program Revision                                      disk or CD–ROM you submit. If EPA
                                                      Bridge at approximate location 45°                                                                            cannot read your comment due to
                                                      30′27″ N.; 122°40′11″ W.                                AGENCY:  Environmental Protection                     technical difficulties and cannot contact
                                                         (b) Definitions. As used in this                     Agency (EPA).                                         you for clarification, EPA may not be
                                                      section—                                                ACTION: Proposed rule.                                able to consider your comment.
                                                         Designated representative means                                                                            Electronic files should avoid the use of
                                                      Coast Guard Patrol Commanders,                          SUMMARY:   Illinois has applied to EPA for
                                                                                                                                                                    special characters or any form of
                                                      including Coast Guard coxswains, petty                  Final Authorization of the changes to its
                                                                                                                                                                    encryption, and be free of any defects or
                                                      officers, and other officers operating                  hazardous waste program under the
                                                                                                                                                                    viruses. For additional information
                                                      Coast Guard vessels, and Federal, state,                Resource Conservation and Recovery
                                                                                                                                                                    about EPA’s public docket, visit the EPA
                                                      and local officers designated by or                     Act (RCRA). EPA has reviewed Illinois’
                                                                                                                                                                    Docket Center homepage at http://
                                                      assisting the Captain of the Port Sector                application with regards to federal
                                                                                                                                                                    www.epagov/epahome/dockets.htm.
                                                      Columbia River in the enforcement of                    requirements, and is proposing to                        Docket: All documents in the docket
                                                      the regulated area.                                     authorize the state’s changes.                        are listed in the www.regulations.gov
                                                         Non-participant persons and vessels                  DATES: Comments on this proposed rule                 index. Although listed in the index,
                                                      means persons and vessels that are not                  must be received on or before April 18,               some of the information is not publicly
                                                      participating in the event and are                      2016.                                                 available; e.g., CBI or other information
                                                      therefore prohibited from entering,                     ADDRESSES: Submit your comments,                      for which disclosure is restricted by
                                                      transiting through, anchoring in, or                    identified by Docket ID No. EPA–R05–                  statute. Certain other material, such as
                                                      remaining within the regulated area                     RCRA–2015–0555 by one of the                          copyrighted material, will be publicly
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      unless authorized by the Captain of the                 following methods:                                    available only in hard copy. Publicly
                                                      Port Sector Columbia River or a                           http://www.regulations.gov: Follow                  available docket materials are available
                                                      designated representative.                              the on-line instructions for submitting               either electronically in http://
                                                         (c) Regulations. (1) In accordance with              comments.                                             www.regulations.gov or in hard copy.
                                                      the general regulations in 33 CFR part                    Email: westefer.gary@epa.gov.                       You may view and copy Illinois’
                                                      165, subpart C, non-participant persons                   Mail: Gary Westefer, Illinois                       application from 9 a.m. to 4 p.m. at the
                                                      and vessels are prohibited from                         Regulatory Specialist, LR–8J, U.S. EPA,               following addresses: U.S. EPA Region 5,
                                                      entering, transiting through, anchoring                 Region 5, 77 West Jackson Boulevard,                  LR–8J, 77 West Jackson Boulevard,
                                                      in, or remaining within the regulated                   Chicago, Illinois 60604.                              Chicago, Illinois, contact: Gary Westefer


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Document Created: 2018-02-02 15:13:52
Document Modified: 2018-02-02 15:13:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 18, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Ken Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503- 240-9319, email [email protected]
FR Citation81 FR 14806 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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