82_FR_12457 82 FR 12416 - Safety Zone; Columbia River, Sand Island, WA

82 FR 12416 - Safety Zone; Columbia River, Sand Island, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 41 (March 3, 2017)

Page Range12416-12418
FR Document2017-04196

The Coast Guard is establishing a temporary safety zone on the Columbia River within a 500-yard radius of the small boat ``Nessy'' while in the area of Sand Island, near Chinook, WA, during Double- Crested Cormorant removal operations being conducted by the U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services. This rule prohibits all persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Columbia River (COTP), or a designated representative. We invite your comments on this rulemaking.

Federal Register, Volume 82 Issue 41 (Friday, March 3, 2017)
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12416-12418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04196]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0118]
RIN 1625-AA00


Safety Zone; Columbia River, Sand Island, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Columbia River within a 500-yard radius of the small boat ``Nessy'' 
while in the area of Sand Island, near Chinook, WA, during Double-
Crested Cormorant removal operations being conducted by the U.S. Army 
Corps of Engineers and U.S. Department of Agriculture Wildlife 
Services. This rule prohibits all persons and vessels from being in the 
safety zone unless authorized by the Captain of the Port Sector 
Columbia River (COTP), or a designated representative. We invite your 
comments on this rulemaking.

DATES: This rule is effective from April 3, 2017, through May 25, 2017. 
Comments and related material must be received by the Coast Guard on or 
before March 24, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0118 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. To view documents mentioned in 
this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0118 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Laura Springer, Waterways Management Division, 
Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, 
email [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
COTP Captain of the Port Sector Columbia River

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Double-Crested Cormorant removal 
operations are scheduled to begin on April 3, 2017 and there is not 
sufficient time to publish an NPRM and take comments prior to the 
safety zone being needed to help ensure the safety of waterways users. 
The Coast Guard received the specific dates that the removal operations 
will take place on February 27, 2017.
    The Coast Guard is soliciting public comments on this temporary 
interim rule. Although we need to make this interim rule effective 
starting April 3, 2017, we will consider public comments and may issue 
a temporary final rule that will supersede this interim rule based on 
your comment.

III. 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

[[Page 12417]]

any personal information you have provided. For more about privacy and 
the docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this temporary interim rule 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.

IV. Legal Authority and Need for Rule

    The U.S. Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services notified the Coast Guard that they intend to conduct 
removal operations of Double-Crested Cormorant in the area of Sand 
Island on the Columbia River, near Chinook, WA, on the following dates 
from 7 a.m. to 3 p.m. each day: April 3-6, April 10-13, April 17-20, 
April 24-27, May 1-4, May 8-11, May 15-18, and May 22-25, 2017. These 
operations will involve the use of firearms and live ammunition from 
the small boat ``Nessy.'' The COTP has determined that the operations 
pose a potential safety hazard for anyone within a 500-yard radius of 
``Nessy'' due to the live gunfire, unpredictable animal behavior, and 
the highly dynamic marine environment in that area, which is 
characterized by strong tides, river currents, and wind. As such, the 
safety zone is needed to help ensure the safety of all waterways users 
in the area. The safety zone is proposed under the authority in 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.

V. Discussion of the Rule

    The COTP establishes a 500-yard safety zone around the small boat 
``Nessy'' on April 3-6, April 10-13, April 17-20, April 24-27, May 1-4, 
May 8-11, May 15-18, and May 22-25, 2017 from 7 a.m. to 3 p.m. while it 
is operating in the area encompassed by these points: 46[deg]5'5'' 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. Additional 
and/or changes to the dates (within the effective period of this rule) 
and times that the safety zone will be enforced may be necessary due to 
weather conditions and/or other variables and will be communicated to 
the public via Broadcast Notice to Mariners and on-scene notification. 
The safety zone is intended to protect persons and vessels from the 
potential safety hazards associated with Double-Breasted Cormorant 
removal operations being conducted by the U.S. Army Corps of Engineers 
and U.S. Department of Agriculture Wildlife Services from ``Nessy'' and 
will do so by prohibiting all persons and vessels from entering the 
safety zone without permission from the COTP or a designated 
representative. ``Nessy'' is described as a 20-foot black and gray 
aluminum work skiff with an overhead light arch.

VI. 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 limited size, 
location, duration, and time-of-day that the safety zone will be in 
effect and the fact that vessel traffic would be able to safely transit 
around the safety zone. In addition, mariners may request permission 
from the COTP to enter the zone if necessary.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
VI.A above this rule would not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's 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

[[Page 12418]]

FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
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 the establishment of a temporary safety zone. 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-0118 to read as follows:


Sec.  165.T13-0118   Safety Zone; Columbia River, Sand Island, WA.

    (a) Location. The following area is a safety zone: all waters of 
the Columbia River within 500 yards 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. ``Nessy'' 
is a 20-foot black and gray aluminum work skiff with an overhead light 
arch.
    (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 and other federal, state, 
or local agencies in enforcing this section.
    (d) Enforcement periods. This section is effective from April 3, 
2017 through May 25, 2017. It will be enforced from 7 a.m. to 3 p.m. 
each day on the follow dates: April 3 through 6, April 10 through 13, 
April 17 through 20, April 24 through 27, May 1 through 4, May 8 
through 11, May 15 through 18, and May 22 through 25, 2017. The Coast 
Guard will inform mariners of any additions and/or changes to the dates 
and times this section is enforced during its effective period via 
Broadcast Notice to Mariners and on-scene notification.

D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2017-04196 Filed 3-2-17; 8:45 am]
BILLING CODE 9110-04-P



                                                12416                Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations

                                                Blynman Canal, Gloucester, MA’’ in the                  DEPARTMENT OF HOMELAND                                § Section
                                                Federal Register (81 FR 89007). The                     SECURITY                                              U.S.C. United States Code
                                                temporary deviation allows the bridge to                                                                      COTP Captain of the Port Sector Columbia
                                                                                                        Coast Guard                                             River
                                                be opened with a two hour advance
                                                notice during the hours of 8 p.m.                                                                             II. Background Information and
                                                through 4 a.m. from December 6, 2016                    33 CFR Part 165                                       Regulatory History
                                                through April 30, 2017.                                 [Docket Number USCG–2017–0118]                           The Coast Guard is issuing this
                                                   The owner of the bridge, the                         RIN 1625–AA00                                         temporary rule without prior notice and
                                                Massachusetts Department of                                                                                   opportunity to comment pursuant to
                                                Transportation, has requested a                         Safety Zone; Columbia River, Sand                     authority under section 4(a) of the
                                                modification of the currently published                 Island, WA                                            Administrative Procedure Act (APA) (5
                                                deviation in order to close the bridge to                                                                     U.S.C. 553(b)). This provision
                                                                                                        AGENCY: Coast Guard, DHS.                             authorizes an agency to issue a rule
                                                navigation from 7 a.m. on Monday,
                                                                                                        ACTION:Temporary interim rule; request                without prior notice and opportunity to
                                                March 13, 2017 through 4 p.m. on
                                                                                                        for comments.                                         comment when the agency for good
                                                Sunday, March 19, 2017, for necessary
                                                repairs. Two bascule leaf motors will be                                                                      cause finds that those procedures are
                                                                                                        SUMMARY:   The Coast Guard is
                                                                                                                                                              ‘‘impracticable, unnecessary, or contrary
                                                removed off site to be rehabilitated and                establishing a temporary safety zone on
                                                                                                                                                              to the public interest.’’ Under 5 U.S.C.
                                                reinstalled. During the period of this                  the Columbia River within a 500-yard
                                                                                                                                                              553(b)(B), the Coast Guard finds that
                                                modification the draw span will be                      radius of the small boat ‘‘Nessy’’ while
                                                                                                                                                              good cause exists for not publishing a
                                                inoperable.                                             in the area of Sand Island, near
                                                                                                                                                              notice of proposed rulemaking (NPRM)
                                                   The waterways are transited primarily                Chinook, WA, during Double-Crested
                                                                                                                                                              with respect to this rule because the
                                                by seasonal recreational vessels of                     Cormorant removal operations being
                                                                                                                                                              Double-Crested Cormorant removal
                                                                                                        conducted by the U.S. Army Corps of
                                                various sizes. On average, twelve                                                                             operations are scheduled to begin on
                                                                                                        Engineers and U.S. Department of
                                                requests were made annually during the                                                                        April 3, 2017 and there is not sufficient
                                                                                                        Agriculture Wildlife Services. This rule
                                                seven day period in March for which                                                                           time to publish an NPRM and take
                                                                                                        prohibits all persons and vessels from
                                                the modification is requested. The                                                                            comments prior to the safety zone being
                                                                                                        being in the safety zone unless
                                                bridge will not be able to open for                                                                           needed to help ensure the safety of
                                                                                                        authorized by the Captain of the Port
                                                emergencies. The Coast Guard contacted                                                                        waterways users. The Coast Guard
                                                                                                        Sector Columbia River (COTP), or a
                                                local waterway users regarding the                                                                            received the specific dates that the
                                                                                                        designated representative. We invite
                                                Commonwealth’s request for this                                                                               removal operations will take place on
                                                                                                        your comments on this rulemaking.
                                                modification and received no                                                                                  February 27, 2017.
                                                                                                        DATES: This rule is effective from April                 The Coast Guard is soliciting public
                                                objections. The height of the bridge in                 3, 2017, through May 25, 2017.
                                                the closed position is eight feet. Vessels                                                                    comments on this temporary interim
                                                                                                        Comments and related material must be                 rule. Although we need to make this
                                                able to pass through the bridge in the                  received by the Coast Guard on or before              interim rule effective starting April 3,
                                                closed position may continue to do so.                  March 24, 2017.                                       2017, we will consider public comments
                                                The northern entrance to the                            ADDRESSES: You may submit comments                    and may issue a temporary final rule
                                                Annisquam River can be used as an                       identified by docket number USCG–                     that will supersede this interim rule
                                                alternate route for vessels to Ipswich                  2017–0118 using the Federal                           based on your comment.
                                                Bay and the Atlantic Ocean.                             eRulemaking Portal at http://
                                                                                                        www.regulations.gov. See the ‘‘Public                 III. Public Participation and Request for
                                                   The Coast Guard will inform users of
                                                                                                        Participation and Request for                         Comments
                                                the bridge closure through our Local
                                                and Broadcast Notices to Mariners so                    Comments’’ portion of the                                We view public participation as
                                                vessel operators can arrange their transit              SUPPLEMENTARY INFORMATION section for                 essential to effective rulemaking, and
                                                to minimize impacts. The drawbridge                     further instructions on submitting                    will consider all comments and material
                                                schedule will return to regular operation               comments. To view documents                           received during the comment period.
                                                on April 30, 2017. This deviation from                  mentioned in this preamble as being                   Your comment can help shape the
                                                the operating regulations is authorized                 available in the docket, go to http://                outcome of this rulemaking. If you
                                                                                                        www.regulations.gov, type USCG–2017–                  submit a comment, please include the
                                                under 33 CFR 117.35.
                                                                                                        0118 in the ‘‘SEARCH’’ box and click                  docket number for this rulemaking,
                                                  Dated: February 27, 2017.                             ‘‘SEARCH.’’ Click on Open Docket                      indicate the specific section of this
                                                C.J. Bisignano,                                         Folder on the line associated with this               document to which each comment
                                                Supervisory Bridge Management Specialist,               rule.                                                 applies, and provide a reason for each
                                                First Coast Guard District.                             FOR FURTHER INFORMATION CONTACT: If                   suggestion or recommendation.
                                                [FR Doc. 2017–04110 Filed 3–2–17; 8:45 am]              you have questions on this rule, call or                 We encourage you to submit
                                                BILLING CODE 9110–04–P                                  email LCDR Laura Springer, Waterways                  comments through the Federal
                                                                                                        Management Division, Marine Safety                    eRulemaking Portal at http://
                                                                                                        Unit Portland, U.S. Coast Guard;                      www.regulations.gov. If your material
                                                                                                        telephone 503–240–9319, email                         cannot be submitted using http://
                                                                                                        msupdxwwm@uscg.mil.                                   www.regulations.gov, contact the person
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        SUPPLEMENTARY INFORMATION:                            in the FOR FURTHER INFORMATION
                                                                                                                                                              CONTACT section of this document for
                                                                                                        I. Table of Abbreviations                             alternate instructions.
                                                                                                        CFR Code of Federal Regulations                          We accept anonymous comments. All
                                                                                                        DHS Department of Homeland Security                   comments received will be posted
                                                                                                        FR Federal Register                                   without change to http://
                                                                                                        NPRM Notice of proposed rulemaking                    www.regulations.gov and will include


                                           VerDate Sep<11>2014   16:07 Mar 02, 2017   Jkt 241001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\03MRR1.SGM   03MRR1


                                                                     Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations                                         12417

                                                any personal information you have                       safety hazards associated with Double-                rule would not have a significant
                                                provided. For more about privacy and                    Breasted Cormorant removal operations                 economic impact on any vessel owner
                                                the docket, visit http://                               being conducted by the U.S. Army                      or operator.
                                                www.regulations.gov/privacyNotice.                      Corps of Engineers and U.S. Department                   Under section 213(a) of the Small
                                                   Documents mentioned in this                          of Agriculture Wildlife Services from                 Business Regulatory Enforcement
                                                temporary interim rule as being                         ‘‘Nessy’’ and will do so by prohibiting               Fairness Act of 1996 (Pub. L. 104–121),
                                                available in the docket, and all public                 all persons and vessels from entering                 we want to assist small entities in
                                                comments, will be in our online docket                  the safety zone without permission from               understanding this rule. If the rule
                                                at http://www.regulations.gov and can                   the COTP or a designated                              would affect your small business,
                                                be viewed by following that Web site’s                  representative. ‘‘Nessy’’ is described as             organization, or governmental
                                                instructions. Additionally, if you go to                a 20-foot black and gray aluminum work                jurisdiction and you have questions
                                                the online docket and sign up for email                 skiff with an overhead light arch.                    concerning its provisions or options for
                                                alerts, you will be notified when                                                                             compliance, please contact the person
                                                comments are posted or a final rule is                  VI. Regulatory Analyses                               listed in the FOR FURTHER INFORMATION
                                                published.                                                We developed this rule after                        CONTACT section.
                                                                                                        considering numerous statutes and                        Small businesses may send comments
                                                IV. Legal Authority and Need for Rule                                                                         on the actions of Federal employees
                                                                                                        Executive orders related to rulemaking.
                                                   The U.S. Army Corps of Engineers                     Below we summarize our analyses                       who enforce, or otherwise determine
                                                and U.S. Department of Agriculture                      based on a number of these statutes and               compliance with, Federal regulations to
                                                Wildlife Services notified the Coast                    Executive orders, and we discuss First                the Small Business and Agriculture
                                                Guard that they intend to conduct                       Amendment rights of protestors.                       Regulatory Enforcement Ombudsman
                                                removal operations of Double-Crested                                                                          and the Regional Small Business
                                                Cormorant in the area of Sand Island on                 A. Regulatory Planning and Review                     Regulatory Fairness Boards. The
                                                the Columbia River, near Chinook, WA,                      Executive Orders 12866 and 13563                   Ombudsman evaluates these actions
                                                on the following dates from 7 a.m. to 3                 direct agencies to assess the costs and               annually and rates each agency’s
                                                p.m. each day: April 3–6, April 10–13,                  benefits of available regulatory                      responsiveness to small business. If you
                                                April 17–20, April 24–27, May 1–4, May                  alternatives and, if regulation is                    wish to comment on actions by
                                                8–11, May 15–18, and May 22–25, 2017.                   necessary, to select regulatory                       employees of the Coast Guard, call 1–
                                                These operations will involve the use of                approaches that maximize net benefits.                888–REG–FAIR (1–888–734–3247). The
                                                firearms and live ammunition from the                   Executive Order 13563 emphasizes the                  Coast Guard will not retaliate against
                                                small boat ‘‘Nessy.’’ The COTP has                      importance of quantifying both costs                  small entities that question or complain
                                                determined that the operations pose a                   and benefits, of reducing costs, of                   about this rule or any policy or action
                                                potential safety hazard for anyone                      harmonizing rules, and of promoting                   of the Coast Guard.
                                                within a 500-yard radius of ‘‘Nessy’’ due               flexibility. This rule has not been
                                                to the live gunfire, unpredictable animal               designated a ‘‘significant regulatory                 C. Collection of Information
                                                behavior, and the highly dynamic                        action,’’ under Executive Order 12866.                  This rule will not call for a new
                                                marine environment in that area, which                  Accordingly, it has not been reviewed                 collection of information under the
                                                is characterized by strong tides, river                 by the Office of Management and                       Paperwork Reduction Act of 1995 (44
                                                currents, and wind. As such, the safety                 Budget.                                               U.S.C. 3501–3520).
                                                zone is needed to help ensure the safety                   This regulatory action determination
                                                of all waterways users in the area. The                                                                       D. Federalism and Indian Tribal
                                                                                                        is based on the limited size, location,
                                                safety zone is proposed under the                                                                             Governments
                                                                                                        duration, and time-of-day that the safety
                                                authority in 33 U.S.C. 1231; 50 U.S.C.                  zone will be in effect and the fact that                 A rule has implications for federalism
                                                191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and                 vessel traffic would be able to safely                under Executive Order 13132,
                                                160.5; Department of Homeland                           transit around the safety zone. In                    Federalism, if it has a substantial direct
                                                Security Delegation No. 0170.1.                         addition, mariners may request                        effect on the States, on the relationship
                                                                                                        permission from the COTP to enter the                 between the national government and
                                                V. Discussion of the Rule                                                                                     the States, or on the distribution of
                                                                                                        zone if necessary.
                                                   The COTP establishes a 500-yard                                                                            power and responsibilities among the
                                                safety zone around the small boat                       B. Impact on Small Entities                           various levels of government. We have
                                                ‘‘Nessy’’ on April 3–6, April 10–13,                       The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                                April 17–20, April 24–27, May 1–4, May                  1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                                8–11, May 15–18, and May 22–25, 2017                    requires Federal agencies to consider                 with the fundamental federalism
                                                from 7 a.m. to 3 p.m. while it is                       the potential impact of regulations on                principles and preemption requirements
                                                operating in the area encompassed by                    small entities during rulemaking. The                 described in Executive Order 13132.
                                                these points: 46°5′5″ N., 123°59′39″ W.;                term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                                46°15′24″ N., 123°59′42″ W.; 46°13′32″                  businesses, not-for-profit organizations              implications under Executive Order
                                                N., 123°57′18″ W.; 46°15′9″ N.,                         that are independently owned and                      13175, Consultation and Coordination
                                                123°55′24″ W.; and 46°15′54″ N.,                        operated and are not dominant in their                with Indian Tribal Governments,
                                                123°58′6″ W. Additional and/or changes                  fields, and governmental jurisdictions                because it does not have a substantial
                                                to the dates (within the effective period               with populations of less than 50,000.                 direct effect on one or more Indian
                                                of this rule) and times that the safety                 The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
mstockstill on DSK3G9T082PROD with RULES




                                                zone will be enforced may be necessary                  605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                                due to weather conditions and/or other                  significant economic impact on a                      or on the distribution of power and
                                                variables and will be communicated to                   substantial number of small entities.                 responsibilities between the Federal
                                                the public via Broadcast Notice to                         While some owners or operators of                  Government and Indian tribes. If you
                                                Mariners and on-scene notification. The                 vessels intending to transit the safety               believe this rule has implications for
                                                safety zone is intended to protect                      zone may be small entities, for the                   federalism or Indian tribes, please
                                                persons and vessels from the potential                  reasons stated in section VI.A above this             contact the person listed in the FOR


                                           VerDate Sep<11>2014   16:07 Mar 02, 2017   Jkt 241001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\03MRR1.SGM   03MRR1


                                                12418                Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations

                                                FURTHER INFORMATION CONTACT             section         PART 165—REGULATED NAVIGATION                         Notice to Mariners and on-scene
                                                above.                                                  AREAS AND LIMITED ACCESS AREAS                        notification.
                                                E. Unfunded Mandates Reform Act                                                                               D.F. Berliner,
                                                                                                        ■ 1. The authority citation for part 165              Captain, U.S. Coast Guard, Acting Captain
                                                  The Unfunded Mandates Reform Act                      continues to read as follows:                         of the Port, Sector Columbia River.
                                                of 1995 (2 U.S.C. 1531–1538) requires                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           [FR Doc. 2017–04196 Filed 3–2–17; 8:45 am]
                                                Federal agencies to assess the effects of               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             BILLING CODE 9110–04–P
                                                their discretionary regulatory actions. In              Department of Homeland Security Delegation
                                                particular, the Act addresses actions                   No. 0170.1.
                                                that may result in the expenditure by a                                                                       DEPARTMENT OF TRANSPORTATION
                                                State, local, or tribal government, in the              ■ 2. Add § 165.T13–0118 to read as
                                                aggregate, or by the private sector of                  follows:                                              Saint Lawrence Seaway Development
                                                $100,000,000 (adjusted for inflation) or                § 165.T13–0118 Safety Zone; Columbia
                                                                                                                                                              Corporation
                                                more in any one year. Though this rule                  River, Sand Island, WA.
                                                will not result in such an expenditure,                                                                       33 CFR Part 401
                                                we do discuss the effects of this rule                     (a) Location. The following area is a
                                                                                                                                                              [Docket No. SLSDC–2016–0006]
                                                elsewhere in this preamble.                             safety zone: all waters of the Columbia
                                                                                                        River within 500 yards of the small boat              RIN 2135–AA42
                                                F. Environment                                          ‘‘Nessy’’ while in the area encompassing
                                                                                                        these points: 46°15′45″ N., 123°59′39″                Seaway Regulations and Rules:
                                                  We have analyzed this rule under                                                                            Periodic Update, Various Categories
                                                                                                        W.; 46°15′24″ N., 123°59′42″ W.;
                                                Department of Homeland Security
                                                                                                        46°13′32″ N., 123°57′18″ W.; 46°15′9″                 AGENCY:  Saint Lawrence Seaway
                                                Management Directive 023–01 and
                                                                                                        N., 123°55′24″ W.; and 46°15′54″ N.,                  Development Corporation, DOT.
                                                Commandant Instruction M16475.lD,
                                                                                                        123°58′6″ W. ‘‘Nessy’’ is a 20-foot black             ACTION: Final rule.
                                                which guide the Coast Guard in
                                                                                                        and gray aluminum work skiff with an
                                                complying with the National
                                                                                                        overhead light arch.                                  SUMMARY:   The Saint Lawrence Seaway
                                                Environmental Policy Act of 1969 (42
                                                                                                           (b) Regulations. In accordance with                Development Corporation (SLSDC) and
                                                U.S.C. 4321–4370f), and have
                                                                                                        the general regulations in subpart C of               the St. Lawrence Seaway Management
                                                determined that this action is one of a
                                                                                                        this part, no person may enter or remain              Corporation (SLSMC) of Canada, under
                                                category of actions that do not                                                                               international agreement, jointly publish
                                                individually or cumulatively have a                     in the safety zone created in this section
                                                                                                        or bring, cause to be brought, or allow               and presently administer the St.
                                                significant effect on the human                                                                               Lawrence Seaway Regulations and
                                                environment. This rule involves the                     to remain in the safety zone created in
                                                                                                        this section any vehicle, vessel, or object           Rules (Practices and Procedures in
                                                establishment of a temporary safety                                                                           Canada) in their respective jurisdictions.
                                                zone. It is categorically excluded from                 unless authorized by the Captain of the
                                                                                                        Port or his designated representative.                Under agreement with the SLSMC, the
                                                further review under paragraph 34(g) of                                                                       SLSDC is amending the joint regulations
                                                Figure 2–1 of the Commandant                               (c) Enforcement. Any Coast Guard                   by updating the Seaway Regulations and
                                                Instruction. An environmental analysis                  commissioned, warrant, or petty officer               Rules in various categories. The changes
                                                checklist supporting this determination                 may enforce the rules in this section.                update the following sections of the
                                                and a Categorical Exclusion                             Where immediate action is required and                Regulations and Rules: Condition of
                                                Determination are available in the                      representatives of the Coast Guard are                Vessels; Seaway Navigation; Radio
                                                docket where indicated under                            not present or are not present in                     Communications; General; and, Vessels
                                                ADDRESSES. We seek any comments or                      sufficient force to provide effective                 Transiting U.S. Waters. These
                                                information that may lead to the                        enforcement of this section, any Oregon               amendments are necessary to take
                                                discovery of a significant environmental                Law Enforcement Officer or Washington                 account of updated procedures and will
                                                impact from this rule.                                  Law Enforcement Officer may enforce                   enhance the safety of transits through
                                                                                                        the rules contained in this section                   the Seaway. Several of the amendments
                                                G. Protest Activities                                   pursuant to 46 U.S.C. 70118. In                       are merely editorial or for clarification
                                                  The Coast Guard respects the First                    addition, the Captain of the Port may be              of existing requirements. The joint
                                                Amendment rights of protesters.                         assisted by members of the U. S. Army                 regulations will become effective in
                                                Protesters are asked to contact the                     Corps of Engineers and U.S. Department                Canada on March 20, 2017.
                                                person listed in the FOR FURTHER                        of Agriculture Wildlife Services and                  DATES: This rule is effective on March
                                                INFORMATION CONTACT section to
                                                                                                        other federal, state, or local agencies in            20, 2017.
                                                coordinate protest activities so that your              enforcing this section.                               ADDRESSES: Docket: For access to the
                                                message can be received without                            (d) Enforcement periods. This section              docket to read background documents
                                                jeopardizing the safety or security of                  is effective from April 3, 2017 through               or comments received, go to http://
                                                people, places or vessels.                              May 25, 2017. It will be enforced from                www.Regulations.gov; or in person at
                                                                                                        7 a.m. to 3 p.m. each day on the follow               the Docket Management Facility; U.S.
                                                List of Subjects in 33 CFR Part 165                     dates: April 3 through 6, April 10                    Department of Transportation, 1200
                                                                                                        through 13, April 17 through 20, April                New Jersey Avenue SE., West Building
                                                  Harbors, Marine safety, Navigation
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        24 through 27, May 1 through 4, May 8                 Ground Floor, Room W12–140,
                                                (water), Reporting and recordkeeping                                                                          Washington, DC 20590–001, between 9
                                                                                                        through 11, May 15 through 18, and
                                                requirements, Security measures,                                                                              a.m. and 5 p.m., Monday through
                                                                                                        May 22 through 25, 2017. The Coast
                                                Waterways.                                                                                                    Friday, except Federal holidays.
                                                                                                        Guard will inform mariners of any
                                                  For the reasons discussed in the                      additions and/or changes to the dates                 FOR FURTHER INFORMATION CONTACT:
                                                preamble, the Coast Guard amends 33                     and times this section is enforced                    Carrie Mann Lavigne, Chief Counsel,
                                                CFR part 165 as follows:                                during its effective period via Broadcast             Saint Lawrence Seaway Development


                                           VerDate Sep<11>2014   17:11 Mar 02, 2017   Jkt 241001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\03MRR1.SGM   03MRR1



Document Created: 2018-02-01 14:46:07
Document Modified: 2018-02-01 14:46:07
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 interim rule; request for comments.
DatesThis rule is effective from April 3, 2017, through May 25, 2017. Comments and related material must be received by the Coast Guard on or before March 24, 2017.
ContactIf you have questions on this rule, call or email LCDR Laura Springer, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation82 FR 12416 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR