81_FR_65468 81 FR 65284 - Safety Zone; Columbia River, Sand Island, WA

81 FR 65284 - Safety Zone; Columbia River, Sand Island, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 184 (September 22, 2016)

Page Range65284-65286
FR Document2016-22821

The Coast Guard is establishing a temporary safety zone for the 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 the Double-Crested Cormorant removal operations conducted by the U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River, or a designated representative.

Federal Register, Volume 81 Issue 184 (Thursday, September 22, 2016)
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Rules and Regulations]
[Pages 65284-65286]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22821]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the 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 the 
Double-Crested Cormorant removal operations conducted by the U.S. Army 
Corps of Engineers and U.S. Department of Agriculture Wildlife 
Services. This regulation prohibits persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Columbia 
River, or a designated representative.

DATES: This rule is effective from September 21, 2016 through October 
21, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0818 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email 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 Information and Regulatory History

    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. In response, on August 23, 2016, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone; Columbia River, Sand Island, WA 81 FR 57507. There we stated why 
we issued the NPRM, and invited comments on our proposed regulatory 
action related to this safety zone. During the comment period that 
ended September 12, 2016 we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because such delay would 
eliminate the safety zone's effectiveness and usefulness in preventing 
dangers to the boating public associated with the removal operations 
being conducted using firearms and live ammunition.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. Coast Guard Captains of the Port are granted authority to 
establish safety zones in 33 CFR 1.05-1(f) for safety purposes as 
described in 33 CFR part 165.
    The Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services will conduct a federally permitted removal operation 
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 operation will be a 
safety concern for anyone within a 500-yard radius of the small boat 
``Nessy,'' 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., and any 
associated support vessel(s). The safety zone is needed to protect 
personnel and vessels in the navigable waters within the safety zone 
during the removal operations.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 23, 2016. There are two changes in the regulatory text of this 
rule from the proposed rule in the NPRM. The change in paragraph (a) of 
the regulation is non-substantive and clarifies the language that 
describes the area that is designated a safety zone. The change in 
paragraph (c) of the regulation updates the language regarding 
assistance from state law enforcement to align with the statute cited.
    This rule establishes a safety zone from September 21, 2016, 
through October 21, 2016. The safety zone will cover all navigable 
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 will be 
enforced only when the small boat ``Nessy,'' and all involved 
associated support vessels, are conducting the removal operations, 
which will be three

[[Page 65285]]

days a week for four weeks. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a 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. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 65286]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 
1.05-1, 6.04-1, 6.04-6, 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 following area is the safety zone: 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. Where 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 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: September 16, 2016.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2016-22821 Filed 9-21-16; 8:45 am]
 BILLING CODE 9110-04-P



                                           65284            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations

                                              This deviation period is from 6 a.m.                  persons and vessels from being in the                 Guard Captains of the Port are granted
                                           to 6 p.m., each day, from September 26,                  safety zone unless authorized by the                  authority to establish safety zones in 33
                                           2016 to September 30, 2016 when the                      Captain of the Port Columbia River, or                CFR 1.05–1(f) for safety purposes as
                                           draw span will remain in the closed-to-                  a designated representative.                          described in 33 CFR part 165.
                                           navigation position. During this time the                DATES: This rule is effective from                      The Army Corps of Engineers and
                                           bridge owner will adjust the new pinion                  September 21, 2016 through October 21,                U.S. Department of Agriculture Wildlife
                                           bearings that are essential to the                       2016.                                                 Services will conduct a federally
                                           continued safe operation of the                          ADDRESSES: To view documents
                                                                                                                                                          permitted removal operation of the
                                           drawbridge. Navigation on the waterway                   mentioned in this preamble as being                   Double-Crested Cormorant starting
                                           consists primarily of commercial tows                    available in the docket, go to http://                September 21, 2016. This operation will
                                           and recreational watercraft and will not                 www.regulations.gov, type USCG–2016–                  involve the use of firearms and live
                                           be significantly impacted. This                          0818 in the ‘‘SEARCH’’ box and click                  ammunition. The Captain of the Port
                                           temporary deviation has been                             ‘‘SEARCH.’’ Click on Open Docket                      Sector Columbia River (COTP) has
                                           coordinated with waterway users. No                      Folder on the line associated with this               determined that potential hazards
                                           objections were received.                                                                                      associated with the removal operation
                                                                                                    rule.
                                              The bridge will not be able to open for                                                                     will be a safety concern for anyone
                                                                                                    FOR FURTHER INFORMATION CONTACT: If
                                           emergencies and there is no immediate                                                                          within a 500-yard radius of the small
                                                                                                    you have questions on this rule, call or              boat ‘‘Nessy,’’ while in the area
                                           alternate route for vessels to pass this                 email Mr. Kenneth Lawrenson,
                                           section of the Red River. The Coast                                                                            encompassing these points: 46°15′45″
                                                                                                    Waterways Management Division,                        N., 123°59′39″ W.; 46°15′24″ N.,
                                           Guard will also inform the users of the                  Marine Safety Unit Portland, U.S. Coast
                                           waterway through our Local and                                                                                 123°59′42″ W.; 46°13′32″ N., 123°57′18″
                                                                                                    Guard; telephone 503–240–9319, email                  W.; 46°15′9″ N., 123°55′24″ W.; and
                                           Broadcast Notices to Mariners of the                     msupdxwwm@uscg.mil.
                                           change in operating schedule for the                                                                           46°15′54″ N., 123°58′6″ W., and any
                                                                                                    SUPPLEMENTARY INFORMATION:                            associated support vessel(s). The safety
                                           bridge so the vessel operators can
                                           arrange their transits to minimize any                   I. Table of Abbreviations                             zone is needed to protect personnel and
                                           impact caused by the temporary                                                                                 vessels in the navigable waters within
                                           deviation.                                               CFR Code of Federal Regulations                       the safety zone during the removal
                                              In accordance with 33 CFR 117.35(e),                  DHS Department of Homeland Security                   operations.
                                           the drawbridge must return to its regular                FR Federal Register
                                                                                                    NPRM Notice of proposed rulemaking                    IV. Discussion of Comments, Changes,
                                           operating schedule immediately at the                                                                          and the Rule
                                                                                                    § Section
                                           end of the effective period of this                      U.S.C. United States Code
                                           temporary deviation. This deviation                                                                               As noted above, we received no
                                           from the operating regulations is                                                                              comments on our NPRM published
                                                                                                    II. Background Information and                        August 23, 2016. There are two changes
                                           authorized under 33 CFR 117.35.                          Regulatory History                                    in the regulatory text of this rule from
                                             Dated: September 16, 2016.                                The U.S. Army Corps of Engineers                   the proposed rule in the NPRM. The
                                           Eric A. Washburn,                                        and U.S. Department of Agriculture                    change in paragraph (a) of the regulation
                                           Bridge Administrator, Western Rivers.                    Wildlife Services notified the Coast                  is non-substantive and clarifies the
                                           [FR Doc. 2016–22822 Filed 9–21–16; 8:45 am]              Guard that they intend to conduct                     language that describes the area that is
                                           BILLING CODE 9110–04–P                                   federally permitted removal operations                designated a safety zone. The change in
                                                                                                    of the Double-Crested Cormorant                       paragraph (c) of the regulation updates
                                                                                                    starting September 21, 2016. In                       the language regarding assistance from
                                           DEPARTMENT OF HOMELAND                                   response, on August 23, 2016, the Coast               state law enforcement to align with the
                                           SECURITY                                                 Guard published a notice of proposed                  statute cited.
                                                                                                    rulemaking (NPRM) titled Safety Zone;                    This rule establishes a safety zone
                                           Coast Guard                                              Columbia River, Sand Island, WA 81 FR                 from September 21, 2016, through
                                                                                                    57507. There we stated why we issued                  October 21, 2016. The safety zone will
                                           33 CFR Part 165                                          the NPRM, and invited comments on                     cover all navigable waters of the
                                           [Docket Number USCG–2016–0818]                           our proposed regulatory action related                Columbia River within 500 yards of the
                                                                                                    to this safety zone. During the comment               small boat ‘‘Nessy,’’ and all involved
                                           RIN 1625–AA00                                            period that ended September 12, 2016                  associated support vessels being used by
                                                                                                    we received no comments.                              personnel during the removal operation,
                                           Safety Zone; Columbia River, Sand                                                                              conducted in the area encompassed by
                                                                                                       We are issuing this rule, and under 5
                                           Island, WA                                                                                                     these points: 46°15′45″ N., 123°59′39″
                                                                                                    U.S.C. 553(d)(3), the Coast Guard finds
                                           AGENCY:    Coast Guard, DHS.                             that good cause exists for making it                  W.; 46°15′24″ N., 123°59′42″ W.;
                                           ACTION:   Temporary final rule.                          effective less than 30 days after                     46°13′32″ N., 123°57′18″ W.; 46°15′9″
                                                                                                    publication in the Federal Register.                  N., 123°55′24″ W.; and 46°15′54″ N.,
                                           SUMMARY:   The Coast Guard is                            Delaying the effective date of this rule              123°58′6″ W. The 500 yard radius area
                                           establishing a temporary safety zone for                 would be impracticable because such                   of the safety zone is intended to protect
                                           the navigable waters of the Columbia                     delay would eliminate the safety zone’s               persons and vessels from the dangerous
                                           River within a 500-yard radius of the                    effectiveness and usefulness in                       combined effects of live gunfire,
                                           small boat ‘‘Nessy,’’ while in the area of               preventing dangers to the boating public              unpredictable animal behavior, and a
                                           Sand Island, near Chinook, WA, and all                   associated with the removal operations                highly dynamic marine environment
ehiers on DSK5VPTVN1PROD with RULES




                                           involved associated vessels in support                   being conducted using firearms and live               characterized by strong tides, river
                                           of the Double-Crested Cormorant                          ammunition.                                           currents and wind. This safety zone will
                                           removal operations conducted by the                                                                            be enforced only when the small boat
                                           U.S. Army Corps of Engineers and U.S.                    III. Legal Authority and Need for Rule                ‘‘Nessy,’’ and all involved associated
                                           Department of Agriculture Wildlife                          The Coast Guard is issuing this rule               support vessels, are conducting the
                                           Services. This regulation prohibits                      under authority in 33 U.S.C. 1231. Coast              removal operations, which will be three


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                                                            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations                                      65285

                                           days a week for four weeks. No vessel                       While some owners or operators of                  Government and Indian tribes. If you
                                           or person will be permitted to enter the                 vessels intending to transit the safety               believe this rule has implications for
                                           safety zone without obtaining                            zone may be small entities, for the                   federalism or Indian tribes, please
                                           permission from the COTP or a                            reasons stated in section V.A above, this             contact the person listed in the FOR
                                           designated representative.                               rule will not have a significant                      FURTHER INFORMATION CONTACT section.
                                                                                                    economic impact on any vessel owner
                                           V. Regulatory Analyses                                                                                         E. Unfunded Mandates Reform Act
                                                                                                    or operator.
                                             We developed this rule after                              Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                           considering numerous statutes and                        Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                           Executive orders related to rulemaking.                  Fairness Act of 1996 (Public Law 104–                 Federal agencies to assess the effects of
                                           Below we summarize our analyses                          121), we want to assist small entities in             their discretionary regulatory actions. In
                                           based on a number of these statutes and                  understanding this rule. If the rule                  particular, the Act addresses actions
                                           Executive orders, and we discuss First                   would affect your small business,                     that may result in the expenditure by a
                                           Amendment rights of protestors.                          organization, or governmental                         State, local, or tribal government, in the
                                                                                                    jurisdiction and you have questions                   aggregate, or by the private sector of
                                           A. Regulatory Planning and Review
                                                                                                    concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                              Executive Orders 12866 and 13563                      compliance, please contact the person                 more in any one year. Though this rule
                                           direct agencies to assess the costs and                  listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                           benefits of available regulatory                         CONTACT section.                                      we do discuss the effects of this rule
                                           alternatives and, if regulation is                          Small businesses may send comments                 elsewhere in this preamble.
                                           necessary, to select regulatory                          on the actions of Federal employees
                                           approaches that maximize net benefits.                                                                         F. Environment
                                                                                                    who enforce, or otherwise determine
                                           Executive Order 13563 emphasizes the                     compliance with, Federal regulations to                  We have analyzed this rule under
                                           importance of quantifying both costs                     the Small Business and Agriculture                    Department of Homeland Security
                                           and benefits, of reducing costs, of                      Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                           harmonizing rules, and of promoting                      and the Regional Small Business                       Commandant Instruction M16475.lD,
                                           flexibility. This rule has not been                      Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                           designated a ‘‘significant regulatory                    Ombudsman evaluates these actions                     complying with the National
                                           action,’’ under Executive Order 12866.                   annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                           Accordingly, it has not been reviewed                    responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                           by the Office of Management and                          wish to comment on actions by                         determined that this action is one of a
                                           Budget.                                                  employees of the Coast Guard, call 1–                 category of actions that do not
                                              This regulatory action determination                  888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                           is based on the size, location, duration,                Coast Guard will not retaliate against                significant effect on the human
                                           and time-of-day of the safety zone.                      small entities that question or complain              environment. This rule involves a safety
                                           Vessel traffic would be able to safely                   about this rule or any policy or action               zone lasting four weeks, for three days
                                           transit around this safety zone which                    of the Coast Guard.                                   a week, that will prohibit entry within
                                           would impact a small designated area of                                                                        500 yards of the small boat ‘‘Nessy’’ and
                                           the Columbia River in the area                           C. Collection of Information                          all involved associated support vessels,
                                           encompassing these points: 46°15′45″                       This rule will not call for a new                   while in the area encompassing these
                                           N., 123°59′39″ W.; 46°15′24″ N.,                         collection of information under the                   points: 46°15′45″ N., 123°59′39″ W.;
                                           123°59′42″ W.; 46°13′32″ N., 123°57′18″                  Paperwork Reduction Act of 1995 (44                   46°15′24″ N., 123°59′42″ W.; 46°13′32″
                                           W.; 46°15′9″ N., 123°55′24″ W.; and                      U.S.C. 3501–3520).                                    N., 123°57′18″ W.; 46°15′9″ N.,
                                           46°15′54″ N., 123°58′6″ W. Moreover,                                                                           123°55′24″ W.; and 46°15′54″ N.,
                                           the Coast Guard would issue a                            D. Federalism and Indian Tribal                       123°58′6″ W., while personnel are
                                           Broadcast Notice to Mariners via VHF–                    Governments                                           conducting the removal operations of
                                           FM marine channel 16 about the zone,                        A rule has implications for federalism             the Double-Crested Cormorant. It is
                                           and the rule would allow vessels to seek                 under Executive Order 13132,                          categorically excluded from further
                                           permission to enter the zone.                            Federalism, if it has a substantial direct            review under paragraph 34(g) of Figure
                                                                                                    effect on the States, on the relationship             2–1 of the Commandant Instruction. An
                                           B. Impact on Small Entities                              between the national government and                   environmental analysis checklist
                                              The Regulatory Flexibility Act of                     the States, or on the distribution of                 supporting this determination and a
                                           1980, 5 U.S.C. 601–612, as amended,                      power and responsibilities among the                  Categorical Exclusion Determination are
                                           requires Federal agencies to consider                    various levels of government. We have                 available in the docket where indicated
                                           the potential impact of regulations on                   analyzed this rule under that Order and               under ADDRESSES. We seek any
                                           small entities during rulemaking. The                    have determined that it is consistent                 comments or information that may lead
                                           term ‘‘small entities’’ comprises small                  with the fundamental federalism                       to the discovery of a significant
                                           businesses, not-for-profit organizations                 principles and preemption requirements                environmental impact from this rule.
                                           that are independently owned and                         described in Executive Order 13132.
                                           operated and are not dominant in their                      Also, this rule does not have tribal               G. Protest Activities
                                           fields, and governmental jurisdictions                   implications under Executive Order                      The Coast Guard respects the First
                                           with populations of less than 50,000.                    13175, Consultation and Coordination                  Amendment rights of protesters.
                                           The Coast Guard received no comments                     with Indian Tribal Governments,                       Protesters are asked to contact the
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                                           from the Small Business Administration                   because it does not have a substantial                person listed in the FOR FURTHER
                                           on this rulemaking. The Coast Guard                      direct effect on one or more Indian                   INFORMATION CONTACT section to
                                           certifies under 5 U.S.C. 605(b) that this                tribes, on the relationship between the               coordinate protest activities so that your
                                           rule will not have a significant                         Federal Government and Indian tribes,                 message can be received without
                                           economic impact on a substantial                         or on the distribution of power and                   jeopardizing the safety or security of
                                           number of small entities.                                responsibilities between the Federal                  people, places or vessels.


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                                           65286            Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations

                                           List of Subjects in 33 CFR Part 165                      Cormorant. The small boat ‘‘Nessy’’ is                solicit gifts and donations, or approve
                                             Harbors, Marine safety, Navigation                     described as a 20-foot black and gray                 the solicitation of gifts and donations
                                           (water), Reporting and recordkeeping                     aluminum work skiff with an overhead                  from the public. VA published a
                                           requirements, Security measures,                         light arch. The Coast Guard will inform               companion substantially-identical
                                           Waterways.                                               mariners of any change to this period of              proposed rule on the same date, at 81
                                                                                                    enforcement via Broadcast Notice to                   FR 44827, to serve as a proposal for the
                                             For the reasons discussed in the                       Mariners.                                             revisions in the direct final rule in case
                                           preamble, the Coast Guard amends 33                                                                            adverse comments were received. The
                                           CFR part 165 as follows:                                    Dated: September 16, 2016.
                                                                                                    D.F. Berliner,                                        direct final rule and proposed rule each
                                           PART 165—REGULATED NAVIGATION                            Captain, U.S. Coast Guard, Acting Captain
                                                                                                                                                          provided a 30-day comment period that
                                           AREAS AND LIMITED ACCESS AREAS                           of the Port, Sector Columbia River.                   ended on August 10, 2016. No adverse
                                                                                                    [FR Doc. 2016–22821 Filed 9–21–16; 8:45 am]
                                                                                                                                                          comments were received. Two
                                           ■ 1. The authority citation for part 165                                                                       comments that supported the
                                                                                                    BILLING CODE 9110–04–P
                                           continues to read as follows:                                                                                  rulemaking were received from the
                                                                                                                                                          general public. VA is not making any
                                             Authority: Authority: 33 U.S.C. 1231; 50
                                           U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,                                                                     changes to this rulemaking based on the
                                                                                                    DEPARTMENT OF VETERANS                                comments.
                                           160.5; Department of Homeland Security                   AFFAIRS
                                           Delegation No. 0170.1.                                                                                            Under the direct final rule procedures
                                                                                                    38 CFR Part 38                                        that were described in 81 FR 44827 and
                                           ■ 2. Add § 165.T13–0818 to read as
                                                                                                                                                          81 FR 44792, the direct final rule
                                           follows:                                                 RIN 2900–AP75                                         became effective on September 9, 2016,
                                           § 165.T13–0818       Safety Zone; Columbia                                                                     because no adverse comments were
                                                                                                    Authority To Solicit Gifts and                        received within the comment period. In
                                           River.
                                                                                                    Donations                                             a companion document in this issue of
                                              (a) Location. The following area is the
                                           safety zone: all navigable waters of the                 AGENCY:   Department of Veterans Affairs.             the Federal Register, VA is withdrawing
                                           Columbia River within 500 yards of the                   ACTION:  Direct final rule; confirmation of           the proposed rulemaking, RIN 2900–
                                           small boat ‘‘Nessy,’’ and all involved                   effective date.                                       AP74, published at 81 FR 44827, as
                                           associated support vessels, while in the                                                                       unnecessary.
                                           area encompassing these points:                          SUMMARY:    On July 11, 2016, the
                                                                                                    Department of Veterans Affairs (VA)                   Signing Authority
                                           46°15′45″ N., 123°59′39″ W.; 46°15′24″
                                           N., 123°59′42″ W.; 46°13′32″ N.,                         published a direct final rule amending                  The Secretary of Veterans Affairs, or
                                           123°57′18″ W.; 46°15′9″ N., 123°55′24″                   its regulation that governs soliciting                designee, approved this document and
                                           W.; and 46°15′54″ N., 123°58′6″ W.                       contributions from the public by                      authorized the undersigned to sign and
                                              (b) Regulations. In accordance with                   officials and employees of NCA, or                    submit the document to the Office of the
                                           the general regulations in subpart C of                  authorizing the use of officials’ or                  Federal Register for publication
                                           this part, no person may enter or remain                 employees’ names, name of the                         electronically as an official document of
                                           in the safety zone created in this section               Secretary, or the name of VA for the                  the Department of Veterans Affairs. Gina
                                           or bring, cause to be brought, or allow                  purpose of making a gift or donation to               S. Farrisee, Deputy Chief of Staff,
                                           to remain in the safety zone created in                  VA. VA received two supportive                        Department of Veterans Affairs,
                                           this section any vehicle, vessel, or object              comments and no adverse comments                      approved this document on September
                                           unless authorized by the Captain of the                  concerning the direct final rule and its              16, 2016, for publication.
                                           Port or his designated representative.                   companion substantially identical                       Dated: September 19, 2016.
                                              (c) Enforcement. Any Coast Guard                      proposed rule published in the Federal
                                                                                                                                                          Jeffrey Martin,
                                           commissioned, warrant, or petty officer                  Register on the same date. This
                                                                                                                                                          Office Program Manager, Office of Regulation
                                           may enforce the rules in this section.                   document confirms that the direct final
                                                                                                                                                          Policy & Management, Office of the Secretary,
                                           Where immediate action is required and                   rule became effective on September 9,                 Department of Veterans Affairs.
                                           representatives of the Coast Guard are                   2016. In a companion document in this
                                                                                                                                                          [FR Doc. 2016–22834 Filed 9–21–16; 8:45 am]
                                           not present or are not present in                        issue of the Federal Register, we are
                                                                                                                                                          BILLING CODE 8320–01–P
                                           sufficient force to provide effective                    withdrawing as unnecessary the
                                           enforcement of this section, any Oregon                  proposed rule.
                                           Law Enforcement Officer or Washington                    DATES: The effective date of September
                                                                                                    9, 2016, for the direct final rule                    ENVIRONMENTAL PROTECTION
                                           Law Enforcement Officer may enforce                                                                            AGENCY
                                           the rules contained in this section                      published July 11, 2016, 81 FR 44792,
                                           pursuant to 46 U.S.C. 70118. In                          is confirmed.
                                                                                                                                                          40 CFR Part 52
                                           addition, the Captain of the Port may be                 FOR FURTHER INFORMATION CONTACT:
                                           assisted by members of the U. S. Army                    Thomas Howard, Chief of Staff, National               [EPA–R04–OAR–2016–0209; FRL–9952–74–
                                           Corps of Engineers and U.S. Department                   Cemetery Administration (NCA),                        Region 4]
                                           of Agriculture Wildlife Services onboard                 Department of Veterans Affairs, (40A),
                                                                                                    810 Vermont Avenue NW., Washington,                   Air Plan Approval; Alabama and North
                                           the small boat ‘‘Nessy,’’ and other
                                                                                                    DC 20420, (202) 461–6215. (This is not                Carolina; Interstate Transport—2010
                                           federal, state, or local agencies in
                                                                                                    a toll-free number.)                                  NO2 Standards
                                           enforcing this section.
                                              (d) Enforcement period. This section                  SUPPLEMENTARY INFORMATION: In a direct                AGENCY:  Environmental Protection
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                                           is effective from September 21, 2016,                    final rule published in the Federal                   Agency.
                                           through October 21, 2016. It will be                     Register on July 11, 2016, at 81 FR                   ACTION: Final rule.
                                           enforced when the small boat ‘‘Nessy,’’                  44792, VA amended 38 Code of Federal
                                           and all involved associated support                      Regulations (CFR) 38.603(b), giving the               SUMMARY:  The Environmental Protection
                                           vessels, are conducting the removal                      Under Secretary of Memorial Affairs                   Agency (EPA) is approving a revision to
                                           operations of the Double-Crested                         (USMA), or his designee, authority to                 the North Carolina SIP, submitted by the


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Document Created: 2016-09-22 01:03:34
Document Modified: 2016-09-22 01:03:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from September 21, 2016 through October 21, 2016.
ContactIf you have questions on this rule, 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 Citation81 FR 65284 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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