82 FR 31903 - Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia River

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range		31903-31906
FR Document		2017-14512
The Coast Guard is establishing a special local regulation in the Coast Guard Captain of the Port Columbia River Zone for recurring marine events. During the recurring events, these regulated areas would be activated and would restrict vessels from portions of the waterway. These events were previously published as safety zones, temporary safety zones or individual regulated areas and have been revised and consolidated into a single as special local regulation in order to expedite public notification of events and ensure the protection of the maritime public from hazards associated with the annual events.
Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017)
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31903-31906]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14512]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2017-0224]
RIN 1625-AA08, AA00


Special Local Regulations; Safety Zones; Recurring Marine Events 
in Sector Columbia River

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation in 
the Coast Guard Captain of the Port Columbia River Zone for recurring 
marine events. During the recurring events, these regulated areas would 
be activated and would restrict vessels from portions of the waterway. 
These events were previously published as safety zones, temporary 
safety zones or individual regulated areas and have been revised and 
consolidated into a single as special local regulation in order to 
expedite public notification of events and ensure the protection of the 
maritime public from hazards associated with the annual events.

DATES: This rule is effective July 11, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://

[[Page 31904]]

www.regulations.gov, type USCG-2017-0244 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, Coast Guard; telephone 503-240-9319, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is establishing a new special local regulation for 
nine recurring marine events in the Sector Columbia River. On May 9, 
2017, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled, ``Special Local Regulations; Safety Zones; Recurring Marine 
Events in Sector Columbia River'' (82 FR 21495). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to the regulated areas. During the comment period that ended 
June 8, 2017, we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register, due to The Big Float 
marine event occurring on July 15, 2017. This event was previously 
covered under a Temporary Final Rule. Delaying this rule would be 
impracticable due to the date of the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Columbia River has determined that 
large numbers of spectator vessels and marine traffic are expected to 
congregate around these event locations, and regulated areas are needed 
to protect both spectators and participants from the safety hazards 
associated with the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
9, 2017. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    The Coast Guard is revising and renaming 33 CFR 100.1302 to cover 
marine events within the Captain of the Port Zone Columbia River and 
removing Sec. Sec.  100.1303 (Annual Kennewick, Washington, Columbia 
Unlimited Hydroplane Races), 100.1305 (Richland, Washington, west coast 
outboard championship hydro races), 165.1341 (Portland Dragon Boat 
Races, Portland, OR), and 165.1342 (Annual Roy Webster Cross-Channel 
Swim, Columbia River, Hood River, OR).
    These changes convert two existing safety zones (those currently in 
Sec. Sec.  165.1341 and 165.1342) and temporary safety zones 
established annually for four events (The Big Float, Swim the Snake, 
Richland Regatta, and Columbia Crossing) into regulated areas in Sec.  
100.1302. This will consolidate and simplify our existing special local 
regulations.
    Additionally, this rule reorganizes and consolidates existing 
Sector Columbia River COTP Zone marine event regulations in 33 CFR part 
100 and marine event safety zones under 33 CFR part 165. This action 
eliminates the burden and confusion caused by the current configuration 
of numerous individual regulations spread across two CFR parts.
    As large numbers of spectator vessels and marine traffic are 
expected to congregate around the event location, the regulated areas 
are needed to protect both spectators and participants from the safety 
hazards associated with the event. During the enforcement period of the 
regulated areas, persons and vessels would be prohibited from entering, 
transiting through, remaining, anchoring or mooring within the zone 
unless specifically authorized by the COTP or the designated 
representative. The Coast Guard may be assisted by other Federal, State 
and local agencies in the enforcement of these regulated areas. These 
events are listed below in the text of the regulation.
    Certain special local regulations are listed without known dates or 
times. Coast Guard Sector Columbia River will cause notice of the 
enforcement of these regulated areas to be made by all appropriate 
means to affect the widest publicity among the effected segments of the 
public, including publication in the Federal Register, Local Notice to 
Mariners and Broadcast Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated areas. Vessels 
will only be restricted from special local regulation areas for a short 
duration of time. Vessels may transit in portions of the affected 
waterway except for those areas covered by the proposed regulated 
areas. Notifications of exact dates and times of the enforcement period 
will be made through notices of enforcements published in the Federal 
Register. In addition, we will inform the local maritime community via 
the Local Notice to Mariners, Broadcast Notice to Mariners, or both. No 
new or additional restrictions would be imposed on vessel traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments

[[Page 31905]]

from the Small Business Administration on this rulemaking. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (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 FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves regulated areas for swim events and other marine events. 
It is categorically excluded from further review under paragraph 34(h) 
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 Parts 100 and 165

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


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 100 and 165 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. Revise Sec.  [thinsp]100.1302 to read as follows:


Sec.  100.1302  Special Local Regulations; Marine Events within the 
Captain of the Port Zone Columbia River.

    This section applies to the marine events listed in Table 1 of this 
section. The regulations in this section will be enforced for the 
duration of each event, on or about the dates indicated in Table 1 of 
this section. Annual notice of the exact dates and times of the 
effective period of the regulations in this section with respect to 
each event, the geographical description of each regulated area, and 
details concerning the nature of the event and the number of 
participants and type(s) of vessels involved will be provided to the 
local maritime community through the Local Notice to Mariners, 
Broadcast Notice to Mariners, or both, well in advance of the events. 
If the event does not have a date listed, then the exact dates and 
times of the enforcement will be announced through a Notice of 
Enforcement in the Federal Register. Mariners should consult the 
Federal Register or their LNM to remain apprised of minor schedule or 
event changes. Thirteenth Coast Guard District LNM can be found at: 
http://www.navcen.uscg.gov/. The application requirements of Sec.  
100.15 apply to all marine events listed in the Table of this section.
    (a) The Coast Guard may patrol each event 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.
    (b) PATCOM may control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel 
shall come

[[Page 31906]]

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.
    (c) PATCOM may delay or terminate any marine event in this subpart 
at any time it is deemed necessary to ensure the safety of life or 
property. Such action may be justified as a result of weather, traffic 
density, spectator operation or participant behavior.
    (d) Vessels may not transit the regulated areas without PATCOM 
approval. Vessels permitted to transit must operate at a no wake speed, 
in a manner which will not endanger participants or other crafts in the 
event.
    (e) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through LNM, unless authorized by an official patrol 
vessel.

                                                     Table 1
                         [All coordinates listed in the Table reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
     Number               Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
1...............  First or second      Rose Fest Dragon    Portland-Kaohsiung  Portland, OR. Regulated area
                   weekend in June.     Boat Races.         Sister              includes all waters of the
                                                            Association.        Willamette River shore to shore,
                                                                                bordered on the north by the
                                                                                Hawthorne Bridge, and on the
                                                                                south by the Marquam Bridge.
2...............  One day in May or    Spring Testing      Tri-Cities Water    Kennewick, WA. Regulated area
                   June.                Hydroplane races.   Follies             includes all navigable waters
                                                            Association.        within the Columbia River in the
                                                                                vicinity of Columbia Park,
                                                                                commencing at the Interstate 395
                                                                                Bridge and continuing up river
                                                                                approximately 2.0 miles and
                                                                                terminating at the northern end
                                                                                of Wade Island.
3...............  Second weekend in    Richland Regatta    Northwest Power     Richland, WA. Regulated area
                   June.                Hydroplane races.   Boat Association.   includes all navigable waters of
                                                                                the Columbia River in the
                                                                                vicinity of Howard Amon Park,
                                                                                between River Miles 337 and 338.
4...............  Last Tuesday         Kennewick           Tri-Cities Water    Kennewick, WA. Regulated area
                   through Sunday in    Hydroplane Races.   Follies             includes all navigable waters
                   July.                                    Association.        within the Columbia River in the
                                                                                vicinity of Columbia Park,
                                                                                commencing at the Interstate 395
                                                                                Bridge and continuing up river
                                                                                approximately 2.0 miles and
                                                                                terminating at the northern end
                                                                                of Wade Island.
5...............  One Saturday in      The Big Float,      Human Access        Portland, OR. Regulated area
                   July.                group inner-tube    Project.            includes all navigable waters of
                                        float.                                  the Willamette River, in
                                                                                Portland, Oregon, enclosed by
                                                                                the Hawthorne Bridge, the
                                                                                Marquam Bridge, and west of a
                                                                                line beginning at the Hawthorne
                                                                                Bridge at approximate location
                                                                                45[deg]30'50'' N.;
                                                                                122[deg]40'21'' W., and running
                                                                                south to the Marquam Bridge at
                                                                                approximate location
                                                                                45[deg]30'27'' N.;
                                                                                122[deg]40'11'' W.
6...............  Second Saturday in   Swim the Snake....  Blue Mountain       Perry, WA. Regulated area
                   August.                                  Resource            includes all navigable waters,
                                                            Conservation and    bank-to-bank of the Snake River,
                                                            Development.        500 yards upstream and 500 yards
                                                                                downstream from the Washington
                                                                                State Highway 261 Bridge at the
                                                                                approximate position of
                                                                                46[deg]35'23'' N.;
                                                                                118[deg]13'10'' W.
7...............  Annually on Labor    Roy Webster Cross   Hood River County   Hood River, OR. Regulated area
                   Day.                 Channel Swim.       Chamber of          includes all waters of the
                                                            Commerce.           Columbia River between River
                                                                                Mile 169 and River Mile 170.
8...............  First or second      Portland Dragon     DragonSports USA..  Portland, OR. Regulated area
                   weekend in           Boat Races.                             includes the western side of the
                   September.                                                   Willamette River extending from
                                                                                Tom McCall Waterfront Park
                                                                                between the Hawthorne and
                                                                                Marquam Bridges, Portland, OR:
                                                                                Line one starting at 45-30'49''
                                                                                N./122-40'24'' W. then heading
                                                                                east to 45-30'49'' N./122-
                                                                                40'22'' W. then heading south to
                                                                                45-30'29'' N./122-40'08'' W.
                                                                                then heading west to 45-30'26''
                                                                                N./122-40'14'' W. then heading
                                                                                north ending at 45-30'49'' N./
                                                                                122-40'24'' W.
9...............  First Saturday       Columbia Crossing   3 Rivers Road       Pasco, WA. Regulated area
                   after Labor Day      Swim.               Runners.            includes all navigable waters,
                   weekend.                                                     bank-to-bank of the Columbia
                                                                                River in Pasco, Washington,
                                                                                between river mile 332 and river
                                                                                mile 335.
----------------------------------------------------------------------------------------------------------------

Sec. Sec.  100.1303 and 100.1305  [Removed]

0
3. Remove Sec. Sec.  100.1303 and 100.1305.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
4. 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.


Sec. Sec.  165.1341 and 165.1342  [Removed]

0
5. Remove Sec. Sec. [thinsp]165.1341 and 165.1342.

    Dated: June 28, 2017.
B.C. Mcpherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-14512 Filed 7-10-17; 8:45 am]
BILLING CODE 9110-04-P
Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations 31903

and subsequent loss of control of the 06XX, P/N 332A08–1391–00, or P/N (3) For Airbus Helicopters service
helicopter. 332A08–1391–01 on any helicopter. information identified in this AD, contact
Airbus Helicopters, 2701 N. Forum Drive,
(c) Effective Date (f) Credit for Actions Previously Completed
Grand Prairie, TX 75052; telephone (972)
This AD becomes effective August 15, Compliance with Airbus Helicopters 641–0000 or (800) 232–0323; fax (972) 641–
2017. Emergency Alert Service Bulletin (EASB) No. 3775; or at https://
53.01.47, and EASB No. 53A001, both www.airbushelicopters.com/techpub/FO/
(d) Compliance Revision 4, and both dated September 27, scripts/myFO_login.php.
You are responsible for performing each 2011, before the effective date of this AD is (4) You may view this service information
action required by this AD within the considered acceptable for compliance with at FAA, Office of the Regional Counsel,
specified compliance time unless it has the initial inspections specified in Southwest Region, 10101 Hillwood Pkwy,
already been accomplished prior to that time. paragraphs (e)(1) and (e)(2) of this AD, but Room 6N–321, Fort Worth, TX 76177. For
does not constitute terminating action for the information on the availability of this
(e) Required Actions repetitive inspections required by this AD. material at the FAA, call (817) 222–5110.
(1) Within 15 hours time-in-service (TIS) (g) Alternative Methods of Compliance (5) You may view this service information
and thereafter at intervals not to exceed 15 (AMOCs) that is incorporated by reference at the
hours TIS, visually inspect the IGB fairing National Archives and Records
and the left- and right-hand attachment (1) The Manager, Safety Management
Administration (NARA). For information on
supports for a crack as shown in Figure 2 of Group, FAA, may approve AMOCs for this
AD. Send your proposal to: David Hatfield, the availability of this material at NARA, call
Airbus Helicopters Emergency Alert Service (202) 741–6030, or go to: http://
Bulletin (EASB) No. 53.01.47, Revision 5, Aviation Safety Engineer, Safety Management
Group, Rotorcraft Directorate, FAA, 10101 www.archives.gov/federal-register/cfr/ibr-
dated March 9, 2015 (EASB No. 53.01.47) or locations.html.
EASB No. 53A001, Revision 5, dated March Hillwood Pkwy, Fort Worth, TX 76177;
9, 2015 (EASB No. 53A001), as appropriate telephone (817) 222–5116; email 9-ASW- Issued in Fort Worth, Texas, on May 5,
FTW-AMOC-Requests@faa.gov. 2017.
for your model helicopter.
(2) For operations conducted under a 14 Scott A. Horn,
(i) If there is a crack in an attachment
CFR part 119 operating certificate or under
support, replace the attachment support. Acting Manager, Rotorcraft Directorate,
14 CFR part 91, subpart K, we suggest that
(ii) If there is a crack in the fairing, replace Aircraft Certification Service.
you notify your principal inspector, or
the IGB fairing with IGB fairing P/N 332A24– lacking a principal inspector, the manager of [FR Doc. 2017–14232 Filed 7–10–17; 8:45 am]
0322–00 in accordance with the the local flight standards district office or BILLING CODE 4910–13–P
Accomplishment Instructions, paragraph certificate holding district office, before
3.B.2, of Airbus Helicopters Service Bulletin operating any aircraft complying with this
No. AS332–53.01.78, Revision 0, dated AD through an AMOC.
March 9, 2015 (SB No. AS332–53.01.78) or DEPARTMENT OF HOMELAND
Service Bulletin No. EC225–53–041, Revision (h) Additional Information SECURITY
0, dated March 9, 2015 (SB No. EC225–53– The subject of this AD is addressed in
041), as appropriate for your model European Aviation Safety Agency (EASA) AD Coast Guard
helicopter. No. 2015–0092, dated May 26, 2015. You
(2) For helicopters with IGB fairing P/N may view the EASA AD on the Internet at 33 CFR Parts 100 and 165
332A24–0303–05XX or P/N 332A24–0303– http://www.regulations.gov in Docket No.
06XX, within 15 hours TIS and thereafter at FAA–2016–6693. [Docket Number USCG–2017–0224]
intervals not to exceed 15 hours TIS, visually
inspect for a crack in the fairing gutter as (i) Subject RIN 1625–AA08, AA00
shown in Figure 1 of EASB No. 53.01.47 or Joint Aircraft Service Component (JASC)
EASB No. 53A001. If there is a crack in the Code: 5350 Aerodynamic Fairings. Special Local Regulations; Safety
fairing gutter: Zones; Recurring Marine Events in
(j) Material Incorporated by Reference Sector Columbia River
(i) Inspect for interference and separation
of the fairing gutter. If there is any (1) The Director of the Federal Register
interference between the gutter and the tail approved the incorporation by reference of AGENCY: Coast Guard, DHS.
rotor inclined drive shaft tube, replace the the service information listed in this ACTION: Final rule.
tail rotor inclined drive shaft tube. If there is paragraph under 5 U.S.C. 552(a) and 1 CFR
any interference between the gutter and a part 51. SUMMARY: The Coast Guard is
hydraulic pipe, repair or replace the (2) You must use this service information establishing a special local regulation in
hydraulic pipe. If there is any interference as applicable to do the actions required by the Coast Guard Captain of the Port
between the gutter and the flight controls, this AD, unless the AD specifies otherwise.
(i) Airbus Helicopters Emergency Alert Columbia River Zone for recurring
repair the flight controls in accordance with
Service Bulletin No. 53.01.47, Revision 5, marine events. During the recurring
FAA-approved procedures. If there is any
separation of the gutter, remove the gutter. dated March 9, 2015. events, these regulated areas would be
(ii) Replace the IGB fairing with IGB fairing Note 1 to paragraphs (j)(2)(i) and (ii): activated and would restrict vessels
P/N 332A24–0322–00 in accordance with the Airbus Helicopters Emergency Alert Service from portions of the waterway. These
Accomplishment Instructions, paragraph Bulletin No. 53.01.47 and No. 53A001, both events were previously published as
3.B.2, of SB No. AS332–53.01.78 or SB No. Revision 5, and both dated March 9, 2015, safety zones, temporary safety zones or
EC225–53–041. are co-published as one document along with individual regulated areas and have
(3) Within 150 hours TIS, replace the IGB Airbus Helicopters Emergency Alert Service been revised and consolidated into a
fairing P/N 332A24–0303–05XX, 332A24– Bulletin No. 53.00.48, Revision 5, dated
single as special local regulation in
0303–06XX, 332A08–1391–00, or 332A08– March 9, 2015, which is not incorporated by
reference in this AD. order to expedite public notification of
1391–01 with IGB fairing P/N 332A24–0322–
00 in accordance with the Accomplishment events and ensure the protection of the
(ii) Airbus Helicopters Emergency Alert
Instructions, paragraph 3.B.2, of SB No. maritime public from hazards associated
mstockstill on DSK30JT082PROD with RULES

Service Bulletin No. 53A001, Revision 5,
AS332–53.01.78 or SB No. EC225–53–041. dated March 9, 2015. with the annual events.
(4) Replacing the IGB fairing with IGB (iii) Airbus Helicopters Service Bulletin DATES: This rule is effective July 11,
fairing P/N 332A24–0322–00 is terminating No. AS332–53.01.78, Revision 0, dated 2017.
action for the repetitive inspections required March 9, 2015.
by this AD. (iv) Airbus Helicopters Service Bulletin ADDRESSES: To view documents
(5) Do not install an IGB fairing P/N No. EC225–53–041, Revision 0, dated March mentioned in this preamble as being
332A24–0303–05XX, P/N 332A24–0303– 9, 2015. available in the docket, go to http://

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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations 31905

from the Small Business Administration because it does not have a substantial List of Subjects in 33 CFR Parts 100 and
on this rulemaking. The Coast Guard direct effect on one or more Indian 165
certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the Marine safety, Navigation (water),
rule will not have a significant Federal Government and Indian tribes, Reporting and recordkeeping
economic impact on a substantial or on the distribution of power and requirements, Waterways, Harbors,
number of small entities. responsibilities between the Federal Security measures.
While some owners or operators of Government and Indian tribes. If you
vessels intending to transit the regulated For the reasons discussed in the
believe this rule has implications for preamble, the Coast Guard amends 33
areas may be small entities, for the
federalism or Indian tribes, please CFR parts 100 and 165 as follows:
reasons stated in section V.A above, this
contact the person listed in the FOR
rule will not have a significant
FURTHER INFORMATION CONTACT section. PART 100—SAFETY OF LIFE ON
economic impact on any vessel owner
or operator. NAVIGABLE WATERS
E. Unfunded Mandates Reform Act
Under section 213(a) of the Small ■ 1. The authority citation for part 100
Business Regulatory Enforcement The Unfunded Mandates Reform Act
continues to read as follows:
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
we want to assist small entities in Federal agencies to assess the effects of Authority: 33 U.S.C. 1233.
understanding this rule. If the rule their discretionary regulatory actions. In ■ 2. Revise § 100.1302 to read as
would affect your small business, particular, the Act addresses actions follows:
organization, or governmental that may result in the expenditure by a
jurisdiction and you have questions § 100.1302 Special Local Regulations;
State, local, or tribal government, in the Marine Events within the Captain of the Port
concerning its provisions or options for aggregate, or by the private sector of Zone Columbia River.
compliance, please contact the person $100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION This section applies to the marine
more in any one year. Though this rule events listed in Table 1 of this section.
CONTACT section. will not result in such an expenditure,
Small businesses may send comments The regulations in this section will be
we do discuss the effects of this rule enforced for the duration of each event,
on the actions of Federal employees
elsewhere in this preamble. on or about the dates indicated in Table
who enforce, or otherwise determine
compliance with, Federal regulations to F. Environment 1 of this section. Annual notice of the
the Small Business and Agriculture exact dates and times of the effective
Regulatory Enforcement Ombudsman We have analyzed this rule under period of the regulations in this section
and the Regional Small Business Department of Homeland Security with respect to each event, the
Regulatory Fairness Boards. The Management Directive 023–01 and geographical description of each
Ombudsman evaluates these actions Commandant Instruction M16475.lD, regulated area, and details concerning
annually and rates each agency’s which guide the Coast Guard in the nature of the event and the number
responsiveness to small business. If you complying with the National of participants and type(s) of vessels
wish to comment on actions by Environmental Policy Act of 1969 (42 involved will be provided to the local
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have maritime community through the Local
888–REG–FAIR (1–888–734–3247). The Notice to Mariners, Broadcast Notice to
determined that this action is one of a
Coast Guard will not retaliate against Mariners, or both, well in advance of the
category of actions that do not
small entities that question or complain events. If the event does not have a date
individually or cumulatively have a listed, then the exact dates and times of
about this rule or any policy or action significant effect on the human
of the Coast Guard. the enforcement will be announced
environment. This rule involves through a Notice of Enforcement in the
C. Collection of Information regulated areas for swim events and Federal Register. Mariners should
This rule will not call for a new other marine events. It is categorically consult the Federal Register or their
collection of information under the excluded from further review under LNM to remain apprised of minor
Paperwork Reduction Act of 1995 (44 paragraph 34(h) of Figure 2–1 of the schedule or event changes. Thirteenth
U.S.C. 3501–3520). Commandant Instruction. An Coast Guard District LNM can be found
environmental analysis checklist at: http://www.navcen.uscg.gov/. The
D. Federalism and Indian Tribal supporting this determination and a application requirements of § 100.15
Governments Categorical Exclusion Determination are apply to all marine events listed in the
A rule has implications for federalism available in the docket where indicated Table of this section.
under Executive Order 13132, under ADDRESSES. We seek any (a) The Coast Guard may patrol each
Federalism, if it has a substantial direct comments or information that may lead event area under the direction of a
effect on the States, on the relationship to the discovery of a significant designated Coast Guard Patrol
between the national government and environmental impact from this rule. Commander (PATCOM). PATCOM may
the States, or on the distribution of be contacted on Channel 16 VHF–FM
power and responsibilities among the G. Protest Activities (156.8 MHz) by the call sign
various levels of government. We have ‘‘PATCOM.’’ Official patrol vessels may
The Coast Guard respects the First
analyzed this rule under that Order and consist of any Coast Guard, Coast Guard
Amendment rights of protesters. Auxiliary, state, or local law
have determined that it is consistent
Protesters are asked to contact the
mstockstill on DSK30JT082PROD with RULES

with the fundamental federalism enforcement vessels assigned or
principles and preemption requirements person listed in the FOR FURTHER approved by the Captain of the Port,
described in Executive Order 13132. INFORMATION CONTACT section to Sector Columbia River.
Also, this rule does not have tribal coordinate protest activities so that your (b) PATCOM may control the
implications under Executive Order message can be received without movement of all vessels in the regulated
13175, Consultation and Coordination jeopardizing the safety or security of area. When hailed or signaled by an
with Indian Tribal Governments, people, places or vessels. official patrol vessel, a vessel shall come

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective July 11, 2017.
Contact		If you have questions on this rule, call or email LCDR Laura Springer, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation		82 FR 31903
RIN Number		1625-AA08
CFR Citation		33 CFR 100 33 CFR 165
CFR Associated		Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Waterways; Harbors and Security Measures
82 FR 31903 - Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia River

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 131 (July 11, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
