81 FR 57507 - Safety Zone; Columbia River, Sand Island, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range		57507-57509
FR Document		2016-20132

The Coast Guard proposes to establish a temporary safety zone for navigable waters of the Columbia River within a 500-yard radius of the small boat ``Nessy,'' while in the area of Sand Island, near Chinook, WA, and all involved associated vessels in support of Double- Crested Cormorant removal operations conducted by the U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River, or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)

[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Proposed Rules]
[Pages 57507-57509]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20132]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0818]
RIN 1625-AA00


Safety Zone; Columbia River, Sand Island, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for navigable waters of the Columbia River within a 500-yard radius of 
the small boat ``Nessy,'' while in the area of Sand Island, near 
Chinook, WA, and all involved associated vessels in support of Double-
Crested Cormorant removal operations conducted by the U.S. Army Corps 
of Engineers and U.S. Department of Agriculture Wildlife Services. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port 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 September 12, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0818 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 Mr. Kenneth 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

    The U.S. Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services notified the Coast Guard that they intend to conduct 
federally permitted removal operations of the Double-Crested Cormorant 
starting September 21, 2016. This operation will involve the use of 
firearms and live ammunition. The Captain of the Port Sector Columbia 
River (COTP) has determined that potential hazards associated with the 
removal operations will be a safety concern for anyone within a 500-
yard radius of the small boat ``Nessy,'' and all involved associated 
support vessel(s). The safety zone is needed to protect personnel and 
vessels in the navigable waters within the safety zone.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after the scheduled 
operations. 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 regulation from 
September 21, 2016, through October 21, 2016. The safety zone will 
cover all navigable

[[Page 57508]]

waters of the Columbia River within 500 yards of the small boat 
``Nessy,'' and all involved associated support vessels being used by 
personnel during the removal operation, conducted in the area 
encompassed by these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W. The 500 yard radius area of the 
safety zone is intended to protect persons and vessels from the 
dangerous combined effects of live gunfire, unpredictable animal 
behavior, and a highly dynamic marine environment characterized by 
strong tides, river currents and wind. This safety zone would be 
enforced only when the small boat ``Nessy,'' and all involved 
associated support vessels, are conducting the removal operations. The 
duration of the zone is intended to protect personnel, vessels, and 
activists wanting to protest the event in these navigable waters while 
the removal operations are being conducted. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.
    We learned of the need for the safety zone regulation we are 
proposing on August 11 2016. We have provided an 18-day comment period 
for this proposed rule. If after considering comments we decide to 
issue a temporary final rule, we would need to make that rule effective 
less than 30 days after publication and would state our good cause for 
doing so under 5 U.S.C. 553(d)(3).

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. 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 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Columbia River in the area 
encompassing these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W. 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

[[Page 57509]]

involves a safety zone lasting four weeks, for three days a week, that 
will prohibit entry within 500 yards of the small boat ``Nessy'' and 
all involved associated support vessels, while in the area encompassing 
these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 46[deg]15'24'' N., 
123[deg]59'42'' W.; 46[deg]13'32'' N., 123[deg]57'18'' W.; 
46[deg]15'9'' N., 123[deg]55'24'' W.; and 46[deg]15'54'' N., 
123[deg]58'6'' W., while personnel are conducting the removal 
operations of the Double-Crested Cormorant. 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 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.T13-0818 to read as follows:


Sec.  165.T13-0818  Safety Zone; Columbia River.

    (a) Location. The safety zone covered by this rule will cover all 
navigable waters of the Columbia River within 500 yards of the small 
boat ``Nessy,'' and all involved associated support vessels, while in 
the area encompassing these points: 46[deg]15'45'' N., 123[deg]59'39'' 
W.; 46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his 
designated representative.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or are not present in sufficient force to provide effective 
enforcement of this section, any Federal Law Enforcement Officer or 
Oregon Law Enforcement Officer or Washington Law Enforcement Officer 
may enforce the rules contained in this section pursuant to 46 U.S.C. 
70118. In addition, the Captain of the Port may be assisted by members 
of the U.S. Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services onboard the small boat ``Nessy,'' and other federal, 
state, or local agencies in enforcing this section.
    (d) Enforcement period. This section is effective from September 
21, 2016, through October 21, 2016. It will be enforced when the small 
boat ``Nessy,'' and all involved associated support vessels, are 
conducting the removal operations of the Double-Crested Cormorant. The 
small boat ``Nessy'' is described as a 20-foot black and gray aluminum 
work skiff with an overhead light arch. The Coast Guard will inform 
mariners of any change to this period of enforcement via Broadcast 
Notice to Mariners.

    Dated: August 17, 2016.
W. R. Timmons,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-20132 Filed 8-22-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules 57507

(this is not a toll-free number). Hearing- • Tuesday, August 26, 2014, safety zone unless authorized by the
or speech-impaired individuals may Wednesday, August 27, 2014, and Captain of the Port Columbia River, or
access this number via TTY by calling Thursday, August 28, 2014; a designated representative. We invite
the toll-free Federal Relay Service at 1– • Tuesday, August 11, 2015, your comments on this proposed
800–877–8339. Wednesday, August 12, 2015, and rulemaking.
SUPPLEMENTARY INFORMATION: Thursday, August 13, 2015; and DATES: Comments and related material
• Tuesday, January 26, 2016, and
I. Background must be received by the Coast Guard on
Wednesday, January 27, 2016.
or before September 12, 2016.
The Native American Housing and
II. Ninth Committee Meeting ADDRESSES: You may submit comments
Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) The ninth meeting will be held on identified by docket number USCG–
(NAHASDA) changed the way that Tuesday, September 20, 2016, and 2016–0818 using the Federal
housing assistance is provided to Native Wednesday, September 21, 2016. On eRulemaking Portal at http://
Americans. NAHASDA eliminated each day, the session will begin at www.regulations.gov. See the ‘‘Public
several separate assistance programs approximately 8:30 a.m., and adjourn at Participation and Request for
and replaced them with a single block approximately 5:30 p.m. The meeting is Comments’’ portion of the
grant program, known as the Indian scheduled to take place at the Sheraton SUPPLEMENTARY INFORMATION section for
Housing Block Grant (IHBG) program. Midwest City Hotel at the Reed further instructions on submitting
The regulations governing the IHBG Conference Center, 5750 Will Rogers Rd, comments.
formula allocation are codified in Midwest City, OK, 73110. FOR FURTHER INFORMATION CONTACT: If
subpart D of part 1000 of HUD’s The meetings will be open to the you have questions about this proposed
regulations in title 24 of the Code of public without advance registration. rulemaking, call or email Mr. Kenneth
Federal Regulations. In accordance with Public attendance may be limited to the Lawrenson, Waterways Management
section 106 of NAHASDA, HUD space available. Members of the public Division, Marine Safety Unit Portland,
developed the regulations with active may make statements during the U.S. Coast Guard; telephone 503–240–
tribal participation using the procedures meetings, to the extent time permits, 9319, email msupdxwwm@uscg.mil.
of the Negotiated Rulemaking Act of and file written statements with the SUPPLEMENTARY INFORMATION:
1990 (5 U.S.C. 561–570). committee for its consideration. Written
Under the IHBG program, HUD makes statements should be submitted to the I. Table of Abbreviations
assistance available to eligible Indian address listed in the FOR FURTHER CFR Code of Federal Regulations
tribes for affordable housing activities. INFORMATION CONTACT section of this DHS Department of Homeland Security
The amount of assistance made document. FR Federal Register
available to each Indian tribe is Dated: August 17, 2016. NPRM Notice of proposed rulemaking
determined using a formula that was § Section
Lourdes Castro Ramı́rez,
developed as part of the NAHASDA U.S.C. United States Code
Principal Deputy Assistant Secretary for
negotiated process. Based on the Public and Indian Housing. II. Background, Purpose, and Legal
amount of funding appropriated for the [FR Doc. 2016–20115 Filed 8–22–16; 8:45 am] Basis
IHBG program, HUD calculates the
annual grant for each Indian tribe and
BILLING CODE 4210–67–P The U.S. Army Corps of Engineers
provides this information to the Indian and U.S. Department of Agriculture
tribes. An Indian Housing Plan for the Wildlife Services notified the Coast
Indian tribe is then submitted to HUD. DEPARTMENT OF HOMELAND Guard that they intend to conduct
If the Indian Housing Plan is found to SECURITY federally permitted removal operations
be in compliance with statutory and of the Double-Crested Cormorant
Coast Guard starting September 21, 2016. This
regulatory requirements, the grant is
made. operation will involve the use of
33 CFR Part 165 firearms and live ammunition. The
On June 5, 2013, HUD announced in
the Federal Register the list of proposed [Docket Number USCG–2016–0818] Captain of the Port Sector Columbia
members for the negotiated rulemaking River (COTP) has determined that
RIN 1625–AA00 potential hazards associated with the
committee, and requested additional
public comment on the proposed removal operations will be a safety
Safety Zone; Columbia River, Sand
membership. concern for anyone within a 500-yard
Island, WA
The first eight meetings of the radius of the small boat ‘‘Nessy,’’ and all
negotiated rulemaking committee were AGENCY: Coast Guard, DHS. involved associated support vessel(s).
held on the following dates: ACTION: Notice of proposed rulemaking. The safety zone is needed to protect
• August 27, 2013, and August 28, personnel and vessels in the navigable
2013; SUMMARY: The Coast Guard proposes to waters within the safety zone.
• Tuesday, September 17, 2013, establish a temporary safety zone for The purpose of this rulemaking is to
Wednesday, September 18, 2013, and navigable waters of the Columbia River ensure the safety of vessels and the
Thursday, September 19, 2013; within a 500-yard radius of the small navigable waters before, during, and
• Wednesday, April 23, 2014, boat ‘‘Nessy,’’ while in the area of Sand after the scheduled operations. The
srobinson on DSK5SPTVN1PROD with PROPOSALS

Thursday, April 24, 2014, and Friday, Island, near Chinook, WA, and all Coast Guard proposes this rulemaking
April 25, 2014; involved associated vessels in support under authority in 33 U.S.C. 1231.
• Wednesday, June 11, 2014, of Double-Crested Cormorant removal
operations conducted by the U.S. Army III. Discussion of Proposed Rule
Thursday, June 12, 2014, and Friday,
June 13, 2014; Corps of Engineers and U.S. Department The COTP proposes to establish a
• Tuesday, July 29, 2014, Wednesday, of Agriculture Wildlife Services. This safety zone regulation from September
July 30, 2014, and Thursday, July 31, proposed rulemaking would prohibit 21, 2016, through October 21, 2016. The
2014; persons and vessels from being in the safety zone will cover all navigable

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57508 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

waters of the Columbia River within 500 This regulatory action determination C. Collection of Information
yards of the small boat ‘‘Nessy,’’ and all is based on the size, location, duration, This proposed rule would not call for
involved associated support vessels and time-of-day of the safety zone. a new collection of information under
being used by personnel during the Vessel traffic would be able to safely the Paperwork Reduction Act of 1995
removal operation, conducted in the transit around this safety zone which (44 U.S.C. 3501–3520).
area encompassed by these points: would impact a small designated area of
46°15′45″ N., 123°59′39″ W.; 46°15′24″ the Columbia River in the area D. Federalism and Indian Tribal
N., 123°59′42″ W.; 46°13′32″ N., encompassing these points: 46°15′45″ Governments
123°57′18″ W.; 46°15′9″ N., 123°55′24″ N., 123°59′39″ W.; 46°15′24″ N., A rule has implications for federalism
W.; and 46°15′54″ N., 123°58′6″ W. The 123°59′42″ W.; 46°13′32″ N., 123°57′18″ under Executive Order 13132,
500 yard radius area of the safety zone W.; 46°15′9″ N., 123°55′24″ W.; and Federalism, if it has a substantial direct
is intended to protect persons and 46°15′54″ N., 123°58′6″ W. Moreover, effect on the States, on the relationship
vessels from the dangerous combined the Coast Guard would issue a between the national government and
effects of live gunfire, unpredictable Broadcast Notice to Mariners via VHF– the States, or on the distribution of
animal behavior, and a highly dynamic FM marine channel 16 about the zone, power and responsibilities among the
marine environment characterized by and the rule would allow vessels to seek various levels of government. We have
strong tides, river currents and wind. permission to enter the zone. analyzed this proposed rule under that
This safety zone would be enforced only Order and have determined that it is
when the small boat ‘‘Nessy,’’ and all B. Impact on Small Entities consistent with the fundamental
involved associated support vessels, are federalism principles and preemption
conducting the removal operations. The The Regulatory Flexibility Act of requirements described in Executive
duration of the zone is intended to 1980, 5 U.S.C. 601–612, as amended, Order 13132.
protect personnel, vessels, and activists requires Federal agencies to consider Also, this proposed rule does not have
wanting to protest the event in these the potential impact of regulations on tribal implications under Executive
navigable waters while the removal small entities during rulemaking. The Order 13175, Consultation and
operations are being conducted. No term ‘‘small entities’’ comprises small Coordination with Indian Tribal
vessel or person will be permitted to businesses, not-for-profit organizations Governments, because it would not have
enter the safety zone without obtaining that are independently owned and a substantial direct effect on one or
permission from the COTP or a operated and are not dominant in their more Indian tribes, on the relationship
designated representative. fields, and governmental jurisdictions between the Federal Government and
We learned of the need for the safety with populations of less than 50,000. Indian tribes, or on the distribution of
zone regulation we are proposing on The Coast Guard certifies under 5 U.S.C. power and responsibilities between the
August 11 2016. We have provided an 605(b) that this proposed rule would not Federal Government and Indian tribes.
18-day comment period for this have a significant economic impact on If you believe this proposed rule has
proposed rule. If after considering a substantial number of small entities. implications for federalism or Indian
comments we decide to issue a tribes, please contact the person listed
While some owners or operators of
temporary final rule, we would need to in the FOR FURTHER INFORMATION
vessels intending to transit the safety
CONTACT section.
make that rule effective less than 30 zone may be small entities, for the
days after publication and would state reasons stated in section IV.A above this E. Unfunded Mandates Reform Act
our good cause for doing so under 5 proposed rule would not have a The Unfunded Mandates Reform Act
U.S.C. 553(d)(3). significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
IV. Regulatory Analyses vessel owner or operator. Federal agencies to assess the effects of
If you think that your business, their discretionary regulatory actions. In
We developed this proposed rule after particular, the Act addresses actions
organization, or governmental
considering numerous statutes and that may result in the expenditure by a
jurisdiction qualifies as a small entity
Executive orders related to rulemaking. State, local, or tribal government, in the
and that this rule would have a
Below we summarize our analyses aggregate, or by the private sector of
significant economic impact on it,
based on a number of these statutes and $100,000,000 (adjusted for inflation) or
please submit a comment (see
Executive orders and we discuss First more in any one year. Though this
ADDRESSES) explaining why you think it
Amendment rights of protestors. proposed rule would not result in such
qualifies and how and to what degree
A. Regulatory Planning and Review this rule would economically affect it. an expenditure, we do discuss the
effects of this rule elsewhere in this
Executive Orders 12866 and 13563 Under section 213(a) of the Small preamble.
direct agencies to assess the costs and Business Regulatory Enforcement
benefits of available regulatory Fairness Act of 1996 (Pub. L. 104–121), F. Environment
alternatives and, if regulation is we want to assist small entities in We have analyzed this proposed rule
necessary, to select regulatory understanding this proposed rule. If the under Department of Homeland
approaches that maximize net benefits. rule would affect your small business, Security Management Directive 023–01
Executive Order 13563 emphasizes the organization, or governmental and Commandant Instruction
importance of quantifying both costs jurisdiction and you have questions M16475.lD, which guide the Coast
srobinson on DSK5SPTVN1PROD with PROPOSALS

and benefits, of reducing costs, of concerning its provisions or options for Guard in complying with the National
harmonizing rules, and of promoting compliance, please contact the person Environmental Policy Act of 1969 (42
flexibility. This NPRM has not been listed in the FOR FURTHER INFORMATION U.S.C. 4321–4370f), and have made a
designated a ‘‘significant regulatory CONTACT section. The Coast Guard will preliminary determination that this
action,’’ under Executive Order 12866. not retaliate against small entities that action is one of a category of actions that
Accordingly, the NPRM has not been question or complain about this do not individually or cumulatively
reviewed by the Office of Management proposed rule or any policy or action of have a significant effect on the human
and Budget. the Coast Guard. environment. This proposed rule

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Document Created: 2018-02-09 11:40:00
Document Modified: 2018-02-09 11:40:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before September 12, 2016.
Contact		If you have questions about this proposed rulemaking, call or email Mr. Kenneth Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation		81 FR 57507
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 57507 - Safety Zone; Columbia River, Sand Island, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 163 (August 23, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard