82_FR_17850 82 FR 17780 - Special Local Regulation; Coos Bay, North Bend, OR

82 FR 17780 - Special Local Regulation; Coos Bay, North Bend, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 70 (April 13, 2017)

Page Range17780-17782
FR Document2017-07513

The Coast Guard proposes to establish a temporary regulated area during the inbound and outbound transit of the tall ships participating in the Festival of Sail to be held on the waters of Coos Bay. This action is necessary to safeguard participants and spectators from the hazards associated with the limited maneuverability of tall ships and to ensure public safety during their transit. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 70 (Thursday, April 13, 2017)
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Proposed Rules]
[Pages 17780-17782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07513]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0207]
RIN 1625-AA08


Special Local Regulation; Coos Bay, North Bend, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY:  The Coast Guard proposes to establish a temporary regulated 
area during the inbound and outbound transit of the tall ships 
participating in the Festival of Sail to be held on the waters of Coos 
Bay. This action is necessary to safeguard participants and spectators 
from the hazards associated with the limited maneuverability of tall 
ships and to ensure public safety during their transit. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 15, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
USCG-2017-0207 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Laura Springer, MSU Portland 
Waterways; 503-240-9319, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On June 1, 2017, and again on June 5, 2017, several class A and B 
tall sailing ships will be transiting the waters of Coos Bay as part of 
the Festival of Sail Coos Bay. To provide for the safety of 
participants, spectators, support and transiting vessels, the Coast 
Guard proposes to temporarily restrict vessel traffic during the the 
inbound and outbound transit of the tall sailing ships.
    The purpose of this rulemaking is to protect the tall ships from 
potential harm and to protect the public from the hazards associated 
with the limited maneuverability of these types of ships. Many factors 
amplify the potential hazardousness of the situation, including: large 
numbers of local recreational and fishing vessels; a narrow channel; 
and, low maneuverability of the tall ships. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a regulated area during the 
inbound and outbound transit of participating tall sailing ships on 
June 1, 2017 and June 5, 2017. The regulated area would cover all 
navigable waters of Coos Bay from the sea buoy to the Ferndale Lower 
Range in North Bend, OR. The duration of the regulated area is intended 
to ensure the safety of vessels, bystanders, and the navigable waters 
during the tall ships' inbound and outbound transits. The Coast Guard, 
at its discretion, would allow the passage of affected vessels. No 
vessel or person would be permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs''' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. Although 
this proposal would prevent traffic from transiting portions of Coos 
Bay, the effect of this regulation would not be significant due to the 
limited duration that the regulated area will be in effect and will 
allow waterway users to enter or transit through the zone when deemed 
safe by the on-scene patrol commander. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the regulated area.

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

[[Page 17781]]

operated and are not dominant in their fields, and governmental 
jurisdictions with populations of less than 50,000. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposed rule would not have 
a significant economic impact on a substantial number of small 
entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves a Special Local 
Regulation for a regulated area lasting less than 3 hours during each 
transit period that will prohibit vessels from entering an area 
encompassing Coos Bay from the sea buoy to the Ferndale Lower Range 
unless given permission to do so by the on-scene patrol commander or 
his designated representative. Normally such actions are categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and Categorical Exclusion Determination are available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T13-0207 to read as follows:

[[Page 17782]]

Sec.  100.T13-0207   Special Local Regulations; Festival of Sail Coos 
Bay

    (a) Regulated Area. The following area is designated as a regulated 
area: All navigable waters of Coos Bay, from the sea buoy to the 
Ferndale Lower Range.
    (b) Special Local Regulations. (1) The Coast Guard may patrol the 
regulated area under the direction of a designated Coast Guard Patrol 
Commander (PATCOM). PATCOM may be contacted on Channel 16 VHF-FM (156.8 
MHz) by the call sign ``PATCOM.'' Official patrol vessels may consist 
of any Coast Guard, Coast Guard Auxiliary, state, or local law 
enforcement vessels assigned or approved by the Captain of the Port, 
Sector Columbia River.
    (2) Entrance into the regulated area is prohibited unless 
authorized by the Patrol Commander. The Patrol Commander may control 
the movement of all vessels in the regulated area. When hailed or 
signaled to stop by an official patrol vessel, a vessel shall come to 
an immediate stop and comply with the lawful directions issued. Failure 
to comply with a lawful direction may result in expulsion from the 
area, citation for failure to comply, or both.
    (3) All vessels permitted to transit the regulated area shall 
maintain a separation of at least 100 yards away from the participating 
tall sailing ships and a distance of at least 50 yards away while 
transiting in the vicinity of the McCullough Memorial Bridge and the 
Coos Bay railroad bridge.
    (c) Enforcement Period. This regulated area is in effect while the 
tall sailing ships are transiting Coos Bay, inbound on June 1, 2017 and 
outbound on June 5, 2017.

    Dated: April 3, 2017.
M.E. Butt,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2017-07513 Filed 4-12-17; 8:45 am]
BILLING CODE 9110-04-P



                                                 17780                    Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules

                                                 Points, dated August 3, 2016, and                       rulemaking, call or email LCDR Laura                   Executive orders and we discuss First
                                                 effective September 15, 2016, is                        Springer, MSU Portland Waterways;                      Amendment rights of protestors.
                                                 amended as follows:                                     503–240–9319, email msupdxwwm@
                                                                                                                                                                A. Regulatory Planning and Review
                                                 Paragraph 6005      Class E Airspace Areas.
                                                                                                         uscg.mil.
                                                                                                                                                                   E.O.s 12866 (‘‘Regulatory Planning
                                                 *      *     *       *      *                           SUPPLEMENTARY INFORMATION:                             and Review’’) and 13563 (‘‘Improving
                                                 ASW OK E5        Pauls Valley, OK                       I. Table of Abbreviations                              Regulation and Regulatory Review’’)
                                                                                                                                                                direct agencies to assess the costs and
                                                 Pauls Valley Municipal Airport, OK                      CFR Code of Federal Regulations                        benefits of available regulatory
                                                   (Lat. 34° 42′34″ N., long. 97° 13′24″ W.)             DHS Department of Homeland Security                    alternatives and, if regulation is
                                                                                                         FR Federal Register
                                                   That airspace extending upward from 700
                                                                                                         NPRM Notice of proposed rulemaking
                                                                                                                                                                necessary, to select regulatory
                                                 feet above the surface within a 6.6-mile                                                                       approaches that maximize net benefits
                                                                                                         § Section
                                                 radius of Pauls Valley Municipal Airport,                                                                      including potential economic,
                                                                                                         U.S.C. United States Code
                                                 and within 4 miles each side of the 000°                                                                       environmental, public health and safety
                                                 bearing from the airport extending from the             II. Background, Purpose, and Legal                     effects, distributive impacts, and equity.
                                                 6.6-mile radius to 11.6 miles north of the              Basis
                                                 airport.
                                                                                                                                                                E.O. 13563 emphasizes the importance
                                                                                                            On June 1, 2017, and again on June 5,               of quantifying both costs and benefits, of
                                                   Issued in Fort Worth, Texas, on April 4,                                                                     reducing costs, of harmonizing rules,
                                                 2017.                                                   2017, several class A and B tall sailing
                                                                                                         ships will be transiting the waters of                 and of promoting flexibility. Executive
                                                 Walter Tweedy,                                                                                                 Order 13771 (‘‘Reducing Regulation and
                                                                                                         Coos Bay as part of the Festival of Sail
                                                 Acting Manager, Operations Support Group,                                                                      Controlling Regulatory Costs’’), directs
                                                 ATO Central Service Center.
                                                                                                         Coos Bay. To provide for the safety of
                                                                                                         participants, spectators, support and                  agencies to reduce regulation and
                                                 [FR Doc. 2017–07378 Filed 4–12–17; 8:45 am]
                                                                                                         transiting vessels, the Coast Guard                    control regulatory costs and provides
                                                 BILLING CODE 4910–13–P
                                                                                                         proposes to temporarily restrict vessel                that ‘‘for every one new regulation
                                                                                                         traffic during the the inbound and                     issued, at least two prior regulations be
                                                                                                         outbound transit of the tall sailing ships.            identified for elimination, and that the
                                                 DEPARTMENT OF HOMELAND                                                                                         cost of planned regulations be prudently
                                                                                                            The purpose of this rulemaking is to
                                                 SECURITY                                                                                                       managed and controlled through a
                                                                                                         protect the tall ships from potential
                                                                                                                                                                budgeting process.’’
                                                 Coast Guard                                             harm and to protect the public from the                   The Office of Management and Budget
                                                                                                         hazards associated with the limited                    (OMB) has not designated this rule a
                                                 33 CFR Part 100                                         maneuverability of these types of ships.               significant regulatory action under
                                                                                                         Many factors amplify the potential                     section 3(f) of Executive Order 12866.
                                                 [Docket Number USCG–2017–0207]                          hazardousness of the situation,                        Accordingly, the Office of Management
                                                 RIN 1625–AA08                                           including: large numbers of local                      and Budget (OMB) has not reviewed it.
                                                                                                         recreational and fishing vessels; a                       As this rule is not a significant
                                                 Special Local Regulation; Coos Bay,                     narrow channel; and, low                               regulatory action, this rule is exempt
                                                 North Bend, OR                                          maneuverability of the tall ships. The                 from the requirements of Executive
                                                                                                         Coast Guard proposes this rulemaking                   Order 13771. See OMB’s Memorandum
                                                 AGENCY:    Coast Guard, DHS.                            under authority in 33 U.S.C. 1233.
                                                 ACTION:    Notice of proposed rulemaking.                                                                      titled ‘‘Interim Guidance Implementing
                                                                                                         III. Discussion of Proposed Rule                       Section 2 of the Executive Order of
                                                 SUMMARY:    The Coast Guard proposes to                                                                        January 30, 2017 titled ‘Reducing
                                                 establish a temporary regulated area                       The Coast Guard proposes to establish               Regulation and Controlling Regulatory
                                                 during the inbound and outbound                         a regulated area during the inbound and                Costs’’’ (February 2, 2017).
                                                 transit of the tall ships participating in              outbound transit of participating tall                    This regulatory action determination
                                                 the Festival of Sail to be held on the                  sailing ships on June 1, 2017 and June                 is based on the size, location, duration,
                                                 waters of Coos Bay. This action is                      5, 2017. The regulated area would cover                and time-of-day of the regulated area.
                                                 necessary to safeguard participants and                 all navigable waters of Coos Bay from                  Although this proposal would prevent
                                                 spectators from the hazards associated                  the sea buoy to the Ferndale Lower                     traffic from transiting portions of Coos
                                                 with the limited maneuverability of tall                Range in North Bend, OR. The duration                  Bay, the effect of this regulation would
                                                 ships and to ensure public safety during                of the regulated area is intended to                   not be significant due to the limited
                                                 their transit. We invite your comments                  ensure the safety of vessels, bystanders,              duration that the regulated area will be
                                                 on this proposed rulemaking.                            and the navigable waters during the tall               in effect and will allow waterway users
                                                                                                         ships’ inbound and outbound transits.                  to enter or transit through the zone
                                                 DATES: Comments and related material
                                                                                                         The Coast Guard, at its discretion,                    when deemed safe by the on-scene
                                                 must be received by the Coast Guard on
                                                                                                         would allow the passage of affected                    patrol commander. Moreover, the Coast
                                                 or before May 15, 2017.
                                                                                                         vessels. No vessel or person would be                  Guard would issue a Broadcast Notice to
                                                 ADDRESSES: You may submit comments                      permitted to enter the regulated area                  Mariners via VHF–FM marine channel
                                                 identified by docket number USCG–                       without obtaining permission from the                  16 about the regulated area.
                                                 USCG–2017–0207 using the Federal                        COTP or a designated representative.
                                                 eRulemaking Portal at http://                           The regulatory text we are proposing                   B. Impact on Small Entities
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 www.regulations.gov. See the ‘‘Public                   appears at the end of this document.                     The Regulatory Flexibility Act of
                                                 Participation and Request for                                                                                  1980, 5 U.S.C. 601–612, as amended,
                                                 Comments’’ portion of the                               IV. Regulatory Analyses
                                                                                                                                                                requires Federal agencies to consider
                                                 SUPPLEMENTARY INFORMATION section for                     We developed this proposed rule after                the potential impact of regulations on
                                                 further instructions on submitting                      considering numerous statutes and                      small entities during rulemaking. The
                                                 comments.                                               Executive orders related to rulemaking.                term ‘‘small entities’’ comprises small
                                                 FOR FURTHER INFORMATION CONTACT:   If                   Below we summarize our analyses                        businesses, not-for-profit organizations
                                                 you have questions about this proposed                  based on a number of these statutes and                that are independently owned and


                                            VerDate Sep<11>2014   14:43 Apr 12, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1


                                                                         Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules                                            17781

                                                 operated and are not dominant in their                  between the Federal Government and                     message can be received without
                                                 fields, and governmental jurisdictions                  Indian tribes, or on the distribution of               jeopardizing the safety or security of
                                                 with populations of less than 50,000.                   power and responsibilities between the                 people, places, or vessels.
                                                 The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.
                                                 605(b) that this proposed rule would not                If you believe this proposed rule has                  V. Public Participation and Request for
                                                 have a significant economic impact on                   implications for federalism or Indian                  Comments
                                                 a substantial number of small entities.                 tribes, please contact the person listed                  We view public participation as
                                                    While some owners or operators of                    in the FOR FURTHER INFORMATION                         essential to effective rulemaking, and
                                                 vessels intending to transit the safety                 CONTACT section.
                                                                                                                                                                will consider all comments and material
                                                 zone may be small entities, for the
                                                                                                         E. Unfunded Mandates Reform Act                        received during the comment period.
                                                 reasons stated in section IV.A above this
                                                                                                            The Unfunded Mandates Reform Act                    Your comment can help shape the
                                                 proposed rule would not have a
                                                                                                         of 1995 (2 U.S.C. 1531–1538) requires                  outcome of this rulemaking. If you
                                                 significant economic impact on any
                                                                                                         Federal agencies to assess the effects of              submit a comment, please include the
                                                 vessel owner or operator.
                                                    If you think that your business,                     their discretionary regulatory actions. In             docket number for this rulemaking,
                                                 organization, or governmental                           particular, the Act addresses actions                  indicate the specific section of this
                                                 jurisdiction qualifies as a small entity                that may result in the expenditure by a                document to which each comment
                                                 and that this rule would have a                         State, local, or tribal government, in the             applies, and provide a reason for each
                                                 significant economic impact on it,                      aggregate, or by the private sector of                 suggestion or recommendation.
                                                 please submit a comment (see                            $100,000,000 (adjusted for inflation) or                  We encourage you to submit
                                                 ADDRESSES) explaining why you think it                  more in any one year. Though this                      comments through the Federal
                                                 qualifies and how and to what degree                    proposed rule would not result in such                 eRulemaking Portal at http://
                                                 this rule would economically affect it.                 an expenditure, we do discuss the                      www.regulations.gov. If your material
                                                    Under section 213(a) of the Small                    effects of this rule elsewhere in this                 cannot be submitted using http://
                                                 Business Regulatory Enforcement                         preamble.                                              www.regulations.gov, contact the person
                                                 Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                         in the FOR FURTHER INFORMATION
                                                 we want to assist small entities in                                                                            CONTACT section of this document for
                                                 understanding this proposed rule. If the                   We have analyzed this proposed rule                 alternate instructions.
                                                 rule would affect your small business,                  under Department of Homeland
                                                                                                         Security Management Directive 023–01                      We accept anonymous comments. All
                                                 organization, or governmental                                                                                  comments received will be posted
                                                 jurisdiction and you have questions                     and Commandant Instruction
                                                                                                         M16475.lD, which guide the Coast                       without change to http://
                                                 concerning its provisions or options for                                                                       www.regulations.gov and will include
                                                 compliance, please contact the person                   Guard in complying with the National
                                                                                                         Environmental Policy Act of 1969 (42                   any personal information you have
                                                 listed in the FOR FURTHER INFORMATION                                                                          provided. For more about privacy and
                                                 CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a
                                                                                                         preliminary determination that this                    the docket, you may review a Privacy
                                                 not retaliate against small entities that                                                                      Act notice regarding the Federal Docket
                                                 question or complain about this                         action is one of a category of actions that
                                                                                                         do not individually or cumulatively                    Management System in the March 24,
                                                 proposed rule or any policy or action of                                                                       2005, issue of the Federal Register (70
                                                 the Coast Guard.                                        have a significant effect on the human
                                                                                                         environment. This rule involves a                      FR 15086).
                                                 C. Collection of Information                            Special Local Regulation for a regulated                  Documents mentioned in this NPRM
                                                   This proposed rule would not call for                 area lasting less than 3 hours during                  as being available in the docket, and all
                                                 a new collection of information under                   each transit period that will prohibit                 public comments, will be in our online
                                                 the Paperwork Reduction Act of 1995                     vessels from entering an area                          docket at http://www.regulations.gov
                                                 (44 U.S.C. 3501–3520).                                  encompassing Coos Bay from the sea                     and can be viewed by following that
                                                                                                         buoy to the Ferndale Lower Range                       Web site’s instructions. Additionally, if
                                                 D. Federalism and Indian Tribal                         unless given permission to do so by the                you go to the online docket and sign up
                                                 Governments                                             on-scene patrol commander or his                       for email alerts, you will be notified
                                                    A rule has implications for federalism               designated representative. Normally                    when comments are posted or a final
                                                 under Executive Order 13132,                            such actions are categorically excluded                rule is published.
                                                 Federalism, if it has a substantial direct              from further review under paragraph
                                                 effect on the States, on the relationship                                                                      List of Subjects in 33 CFR Part 100
                                                                                                         34(h) of Figure 2–1 of Commandant
                                                 between the national government and                     Instruction M16475.lD. A preliminary                     Marine Safety, Navigation (water),
                                                 the States, or on the distribution of                   environmental analysis checklist and                   Reporting and recordkeeping
                                                 power and responsibilities among the                    Categorical Exclusion Determination are                requirements, Waterways.
                                                 various levels of government. We have                   available in the docket where indicated
                                                 analyzed this proposed rule under that                  under ADDRESSES. We seek any                             For the reasons discussed in the
                                                 Order and have determined that it is                    comments or information that may lead                  preamble, the Coast Guard proposes to
                                                 consistent with the fundamental                         to the discovery of a significant                      amend 33 CFR part 100 as follows:
                                                 federalism principles and preemption                    environmental impact from this
                                                 requirements described in Executive                     proposed rule.                                         PART 100—SAFETY OF LIFE ON
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 Order 13132.                                                                                                   NAVIGABLE WATERS
                                                    Also, this proposed rule does not have               G. Protest Activities
                                                 tribal implications under Executive                       The Coast Guard respects the First                   ■ 1. The authority citation for part 100
                                                 Order 13175, Consultation and                           Amendment rights of protesters.                        continues to read as follows:
                                                 Coordination with Indian Tribal                         Protesters are asked to contact the                        Authority: 33 U.S.C. 1233.
                                                 Governments, because it would not have                  person listed in the FOR FURTHER
                                                 a substantial direct effect on one or                   INFORMATION CONTACT section to                         ■ 2. Add § 100.T13–0207 to read as
                                                 more Indian tribes, on the relationship                 coordinate protest activities so that your             follows:


                                            VerDate Sep<11>2014   14:43 Apr 12, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1


                                                 17782                    Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules

                                                 § 100.T13–0207 Special Local Regulations;               SUMMARY:   The Coast Guard is proposing                with these annually recurring events.
                                                 Festival of Sail Coos Bay                               to update the special local regulations                Known events were assessed for their
                                                    (a) Regulated Area. The following area               and permanent safety zones in Coast                    likelihood to recur in subsequent years
                                                 is designated as a regulated area: All                  Guard Sector Northern New England                      or to discontinue, and were added to or
                                                 navigable waters of Coos Bay, from the                  Captain of the Port Zone for annual                    deleted from the tables accordingly. In
                                                 sea buoy to the Ferndale Lower Range.                   recurring marine events. When                          addition, minor changes to existing
                                                    (b) Special Local Regulations. (1) The               enforced, these proposed special local                 events were made to ensure the
                                                 Coast Guard may patrol the regulated                    regulations and safety zones would                     accuracy of event details. The purpose
                                                 area under the direction of a designated                restrict vessels from portions of water                of this rulemaking is to reduce
                                                 Coast Guard Patrol Commander                            areas during certain annually recurring                administrative overhead, expedite
                                                 (PATCOM). PATCOM may be contacted                       events. The proposed special local                     public notification of events, and ensure
                                                 on Channel 16 VHF–FM (156.8 MHz) by                     regulations and safety zones are                       the protection of the maritime public
                                                 the call sign ‘‘PATCOM.’’ Official patrol               intended to expedite public notification               during marine events in the Sector
                                                 vessels may consist of any Coast Guard,                 and ensure the protection of the                       Northern New England area.
                                                 Coast Guard Auxiliary, state, or local                  maritime public and event participants                 III. Discussion of Proposed Rule
                                                 law enforcement vessels assigned or                     from the hazards associated with certain
                                                 approved by the Captain of the Port,                    maritime events. We invite your                           The proposed rule would update the
                                                 Sector Columbia River.                                  comments on this proposed rulemaking.                  tables of annual recurring events in the
                                                    (2) Entrance into the regulated area is                                                                     existing regulation for the Coast Guard
                                                                                                         DATES: Comments and related material
                                                 prohibited unless authorized by the                                                                            Sector Northern New England COTP
                                                                                                         must be received by the Coast Guard on
                                                 Patrol Commander. The Patrol                                                                                   Zone, deleting outdated zones and
                                                                                                         or before May 15, 2017.
                                                 Commander may control the movement                                                                             providing updated information on dates,
                                                                                                         ADDRESSES: You may submit comments                     times, and locations. The tables provide
                                                 of all vessels in the regulated area.                   identified by docket number USCG–
                                                 When hailed or signaled to stop by an                                                                          the event name, sponsor, and type, as
                                                                                                         2016–0998 using the Federal                            well as approximate times, dates, and
                                                 official patrol vessel, a vessel shall come             eRulemaking Portal at http://
                                                 to an immediate stop and comply with                                                                           locations of the events. Advanced
                                                                                                         www.regulations.gov. See the ‘‘Public                  public notification of specific times,
                                                 the lawful directions issued. Failure to                Participation and Request for
                                                 comply with a lawful direction may                                                                             dates, regulated areas, and enforcement
                                                                                                         Comments’’ portion of the                              periods for each event will be provided
                                                 result in expulsion from the area,                      SUPPLEMENTARY INFORMATION section for
                                                 citation for failure to comply, or both.                                                                       through appropriate means, which may
                                                                                                         instructions on submitting comments.                   include, but are not limited to, the Local
                                                    (3) All vessels permitted to transit the             FOR FURTHER INFORMATION CONTACT: If
                                                 regulated area shall maintain a                                                                                Notice to Mariners, Broadcast Notice to
                                                                                                         you have questions on this proposed                    Mariners, or a Notice of Enforcement
                                                 separation of at least 100 yards away                   rulemaking, call or email Chief Marine
                                                 from the participating tall sailing ships                                                                      published in the Federal Register at
                                                                                                         Science Technician Chris Bains, Sector                 least 30 days prior to the event date. If
                                                 and a distance of at least 50 yards away                Northern New England Waterways
                                                 while transiting in the vicinity of the                                                                        an event does not have a date and time
                                                                                                         Management Division, U.S. Coast                        listed in this regulation, then the precise
                                                 McCullough Memorial Bridge and the                      Guard; telephone 207–347–5003, email
                                                 Coos Bay railroad bridge.                                                                                      dates and times of the enforcement
                                                                                                         Chris.D.Bains@uscg.mil.                                period for that event will be announced
                                                    (c) Enforcement Period. This
                                                                                                         SUPPLEMENTARY INFORMATION:                             through a Local Notice to Mariners and,
                                                 regulated area is in effect while the tall
                                                 sailing ships are transiting Coos Bay,                  I. Table of Abbreviations                              if time permits, a Notice of Enforcement
                                                 inbound on June 1, 2017 and outbound                                                                           in the Federal Register.
                                                                                                         CFR Code of Federal Regulations
                                                 on June 5, 2017.                                        DHS Department of Homeland Security                    IV. Regulatory Analyses
                                                   Dated: April 3, 2017.                                 E.O. Executive order                                     We developed this proposed rule after
                                                                                                         FR Federal Register
                                                 M.E. Butt,                                                                                                     considering numerous statutes and
                                                                                                         NPRM Notice of Proposed Rulemaking
                                                 RADM, U.S. Coast Guard, Commander,                      NAD 83 North American Datum of 1983                    Executive orders related to rulemaking.
                                                 Thirteenth Coast Guard District.                        Pub. L. Public Law                                     Below we summarize our analyses
                                                 [FR Doc. 2017–07513 Filed 4–12–17; 8:45 am]             § Section                                              based on a number of these statutes and
                                                 BILLING CODE 9110–04–P                                  U.S.C. United States Code                              Executive orders and we discuss First
                                                                                                                                                                Amendment rights of protestors.
                                                                                                         II. Background, Purpose, and Legal
                                                                                                         Basis                                                  A. Regulatory Planning and Review
                                                 DEPARTMENT OF HOMELAND
                                                 SECURITY                                                   Swim events, fireworks displays, and                   E.O.s 12866 (‘‘Regulatory Planning
                                                                                                         marine events are held on an annual                    and Review’’) and 13563 (‘‘Improving
                                                 Coast Guard                                             recurring basis on the navigable waters                Regulation and Regulatory Review’’)
                                                                                                         within the Coast Guard Sector Northern                 direct agencies to assess the costs and
                                                 33 CFR Part 100 and 165                                 New England COTP Zone. The Coast                       benefits of available regulatory
                                                 [Docket Number USCG–2016–0998]
                                                                                                         Guard has established special local                    alternatives and, if regulation is
                                                                                                         regulations, regulated areas, and safety               necessary, to select regulatory
                                                 RIN 1625–AA08; AA00                                     zones for these annual recurring events                approaches that maximize net benefits
nlaroche on DSK30NT082PROD with PROPOSALS




                                                                                                         on a case by case basis to ensure the                  including potential economic,
                                                 Special Local Regulations and Safety                    protection of the maritime public and                  environmental, public health and safety
                                                 Zones; Recurring Marine Events Held                     event participants from the hazards                    effects, distributive impacts, and equity.
                                                 in the Coast Guard Sector Northern                      associated with these events. In the past,             E.O. 13563 emphasizes the importance
                                                 New England Captain of the Port Zone                    the Coast Guard has not received public                of quantifying both costs and benefits, of
                                                 AGENCY:   Coast Guard, DHS.                             comments or concerns regarding the                     reducing costs, of harmonizing rules,
                                                                                                         impact to waterway traffic from the                    and of promoting flexibility. Executive
                                                 ACTION:   Notice of proposed rulemaking.
                                                                                                         Coast Guard’s regulations associated                   Order 13771 (‘‘Reducing Regulation and


                                            VerDate Sep<11>2014   14:43 Apr 12, 2017   Jkt 241001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\13APP1.SGM   13APP1



Document Created: 2017-04-13 01:08:49
Document Modified: 2017-04-13 01:08:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 15, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LCDR Laura Springer, MSU Portland Waterways; 503-240-9319, email [email protected]
FR Citation82 FR 17780 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR