83 FR 12303 - Special Local Regulation; USS PORTLAND Commissioning, Portland, OR
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 55 (March 21, 2018)
Coast Guard
Federal Register Volume 83, Issue 55 (March 21, 2018)
| Page Range | 12303-12305 | |
| FR Document | 2018-05685 |
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)] [Proposed Rules] [Pages 12303-12305] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05685] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0154] RIN 1625-AA08 Special Local Regulation; USS PORTLAND Commissioning, Portland, OR AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a temporary regulated area for certain waters of the Willamette River. This action is necessary to provide for the safety of life on these navigable waters near Port of Portland Terminal 2, Portland, OR during a naval vessel commissioning ceremony on April 14-23, 2018. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port [[Page 12304]] Columbia River or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before April 5, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0154 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 April 14-23, 2018 the U.S. Navy will be conducting ceremonial activities for the commissioning of the USS PORTLAND. The commissioning activities will take place at the Port of Portland Terminal 2, with a regulated area extending approximately 500 yards on each side of the naval vessel on the Willamette River in Portland, OR. To provide for the safety of participants, spectators, support and transiting vessels, the Coast Guard proposes to temporarily restrict vessel traffic during the commissioning activities. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within the regulated area, during, and after the scheduled event and to prevent any disruption to the commissioning ceremonies. 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 from 11:59 p.m. on April 14, 2018 to 11:59 p.m. on April 23, 2018. The regulated area would cover all navigable waters at Port of Portland Terminal 2 on the Willamette River. Specifically, the navigable waters bounded by the following points: 45[deg]33.34' N, 122[deg]42.34' W; 45[deg]33.12' N, 122[deg]42.51' W; 45[deg]32.71' N, 122[deg]41.37' W; and 45[deg]32.58' N, 122[deg]41.54' W. The duration of the regulated area is intended to ensure the safety of vessels, bystanders, and the navigable waters and to prevent any disruption of the events associated with the commissioning ceremony of the USS PORTLAND. 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 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, and duration of the regulated area. Although this proposal would prevent traffic from transiting portions of the Willamette River, the effect of this regulation would not be significant due to the limited duration that the regulated area would be in effect and would 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 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 [[Page 12305]] 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 Directive 023-01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321- 4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a regulated area lasting less than 10 days that would limit entry within approximately 500 yards of the USS PORTLAND. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Memorandum for Record supporting this determination is 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, visit http://www.regulations.gov/privacyNotice. 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 website'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; 33 CFR 1.05-1. 0 2. Add Sec. 100.T13-0154 to read as follows: Sec. 100.T13-0154 Special Local Regulations; USS PORTLAND Commissioning, Portland, OR. (a) Regulated area. The following area is designated as a regulated area: All navigable waters of the Willamette River within 500 yards of the USS PORTLAND while moored at the Port of Portland Terminal 2, specifically the navigable waters bounded by the following points: 45[deg]33.34' N, 122[deg]42.34' W; 45[deg]33.12' N, 122[deg]42.51' W; 45[deg]32.71' N, 122[deg]41.37' W; and 45[deg]32.58' N, 122[deg]41.54' W. (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 PATCOM. The PATCOM may control the movement of all vessels in the regulated area. When hailed or signaled to stop by an official patrol vessel, a vessel must 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 must maintain a separation of at least 100 yards away from the USS PORTLAND. (c) Enforcement period. This regulated area is subject to enforcement from 11:59 p.m. on April 14, 2018 to 11:59 p.m. on April 23, 2018. D.G. Throop, RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2018-05685 Filed 3-20-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules 12303
E. Takings (E.O. 12630) quality of the human environment. A Interior, Bureau of Indian Affairs,
This rule does not affect a taking of detailed statement under the National proposes to amend part 273 in Title 25
private property or otherwise have Environmental Policy Act of 1969 of the Code of Federal Regulations as
taking implications under Executive (NEPA) is not required because this is follows:
Order 12630 because this rule does not an administrative and procedural
regulation. (For further information see PART 273—EDUCATION CONTRACTS
affect individual property rights
43 CFR 46.210(i)). We have also UNDER JOHNSON-O’MALLEY ACT
protected by the Fifth Amendment or
involve a compensable ‘‘taking.’’ A determined that the rule does not
involve any of the extraordinary ■ 1. The authority citation for part 273
takings implication assessment is not continues to read as follows:
required. circumstances listed in 43 CFR 46.215
that would require further analysis Authority: Secs. 201–203, Pub. L. 93–638,
F. Federalism (E.O. 13132) under NEPA. 88 Stat. 2203, 2213–2214 (25 U.S.C. 455–
Under the criteria in section 1 of 457), unless otherwise noted.
K. Effects on the Energy Supply (E.O. ■ 2. Revise § 273.12 to read as follows:
Executive Order 13132, this rule does
13211)
not have sufficient federalism § 273.12 Eligible students.
implications to warrant the preparation This rule is not a significant energy
of a federalism summary impact action under the definition in Executive Indian students, from age 3 years
statement because the rule affects only Order 13211. A Statement of Energy through grade(s) 12, except those who
individuals’ eligibility under certain Effects is not required. are enrolled in Bureau or sectarian
education contracts. A federalism operated schools, shall be eligible for
L. Clarity of This Regulation benefits provided by a contract pursuant
summary impact statement is not
required. We are required by Executive Orders to this part if they are recognized by the
12866 (section 1(b)(12)), and 12988 Secretary as being eligible for Bureau
G. Civil Justice Reform (E.O. 12988) (section 3(b)(1)(B)), and 13563 (section services. Priority shall be given to
This rule complies with the 1(a)), and by the Presidential contracts:
requirements of Executive Order 12988. Memorandum of June 1, 1998, to write (a) Which would serve Indian
Specifically, this rule: (a) Meets the all rules in plain language. This means students on or near reservations; and
criteria of section 3(a) requiring that all that each rule we publish must: (b) Where a majority of such Indian
regulations be reviewed to eliminate (a) Be logically organized; students will be members of the Tribe(s)
errors and ambiguity and be written to (b) Use the active voice to address of such reservations (as defined in
minimize litigation; and (b) Meets the readers directly; § 273.2(o)).
criteria of section 3(b)(2) requiring that (c) Use clear language rather than Dated: February 27, 2018.
all regulations be written in clear jargon;
John Tahsuda,
language and contain clear legal (d) Be divided into short sections and
sentences; and, Principal Deputy Assistant Secretary—Indian
standards. Affairs, Exercising the Authority of the
(e) Use lists and tables wherever
H. Consultation With Indian Tribes Assistant Secretary—Indian Affairs.
possible.
(E.O. 13175) If you feel that we have not met these [FR Doc. 2018–05749 Filed 3–20–18; 8:45 am]
The Department of the Interior strives requirements, send us comments by one BILLING CODE 4337–15–P
to strengthen its government-to- of the methods listed in the ADDRESSES
government relationship with Indian section. To better help us revise the
Tribes through a commitment to rule, your comments should be as DEPARTMENT OF HOMELAND
consultation with Indian Tribes and specific as possible. For example, you SECURITY
recognition of their right to self- should tell us the numbers of the
sections or paragraphs that are unclearly Coast Guard
governance and Tribal sovereignty. We
have evaluated this rule under the written, which sections or sentences are
too long, the sections where you believe 33 CFR Part 100
Department’s consultation policy and
under the criteria in Executive Order lists or tables would be useful, etc. [Docket Number USCG–2018–0154]
13175 and have determined that it has M. Public Availability of Comments RIN 1625–AA08
no substantial direct effects on federally
recognized Indian Tribes and that Before including your address, phone
Special Local Regulation; USS
consultation under the Department’s number, email address, or other
PORTLAND Commissioning, Portland,
Tribal consultation policy is not personal identifying information in your
OR
required because the eligibility comment, you should be aware that
requirements established in this rule are your entire comment—including your AGENCY: Coast Guard, DHS.
already in effect and have been in effect personal identifying information—may ACTION: Notice of proposed rulemaking.
for many years. be made publicly available at any time.
While you can ask us in your comment SUMMARY: The Coast Guard proposes to
I. Paperwork Reduction Act to withhold your personal identifying establish a temporary regulated area for
This rule does not contain any information from public review, we certain waters of the Willamette River.
cannot guarantee that we will be able to This action is necessary to provide for
sradovich on DSK3GMQ082PROD with PROPOSALS
information collection requirements,
and a submission to the Office of do so. the safety of life on these navigable
Management and Budget under the waters near Port of Portland Terminal 2,
List of Subjects in 25 CFR Part 273
Paperwork Reduction Act is not Portland, OR during a naval vessel
required. Government contracts, Indians— commissioning ceremony on April 14–
education, Reporting and recordkeeping 23, 2018. This proposed rulemaking
J. National Environmental Policy Act requirements. would prohibit persons and vessels
This rule does not constitute a major For the reasons stated in the from being in the regulated area unless
Federal action significantly affecting the preamble, the Department of the authorized by the Captain of the Port
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![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules 12305
between the Federal Government and V. Public Participation and Request for navigable waters bounded by the
Indian tribes, or on the distribution of Comments following points: 45°33.34′ N,
power and responsibilities between the We view public participation as 122°42.34′ W; 45°33.12′ N, 122°42.51′
Federal Government and Indian tribes. essential to effective rulemaking, and W; 45°32.71′ N, 122°41.37′ W; and
If you believe this proposed rule has will consider all comments and material 45°32.58′ N, 122°41.54′ W.
implications for federalism or Indian (b) Special local regulations. (1) The
received during the comment period.
tribes, please contact the person listed Coast Guard may patrol the regulated
Your comment can help shape the
in the FOR FURTHER INFORMATION area under the direction of a designated
outcome of this rulemaking. If you
CONTACT section. Coast Guard Patrol Commander
submit a comment, please include the
(PATCOM). PATCOM may be contacted
docket number for this rulemaking,
E. Unfunded Mandates Reform Act on Channel 16 VHF–FM (156.8 MHz) by
indicate the specific section of this
the call sign ‘‘PATCOM.’’ Official patrol
The Unfunded Mandates Reform Act document to which each comment
vessels may consist of any Coast Guard,
of 1995 (2 U.S.C. 1531–1538) requires applies, and provide a reason for each
Coast Guard Auxiliary, state, or local
Federal agencies to assess the effects of suggestion or recommendation.
law enforcement vessels assigned or
their discretionary regulatory actions. In We encourage you to submit
approved by the Captain of the Port,
particular, the Act addresses actions comments through the Federal
Sector Columbia River.
that may result in the expenditure by a eRulemaking Portal at http://
(2) Entrance into the regulated area is
www.regulations.gov. If your material
State, local, or tribal government, in the prohibited unless authorized by the
cannot be submitted using http://
aggregate, or by the private sector of PATCOM. The PATCOM may control
www.regulations.gov, contact the person
$100,000,000 (adjusted for inflation) or the movement of all vessels in the
in the FOR FURTHER INFORMATION
more in any one year. Though this regulated area. When hailed or signaled
CONTACT section of this document for
proposed rule would not result in such to stop by an official patrol vessel, a
alternate instructions.
an expenditure, we do discuss the vessel must come to an immediate stop
We accept anonymous comments. All
effects of this rule elsewhere in this and comply with the lawful directions
comments received will be posted
preamble. issued. Failure to comply with a lawful
without change to http://
direction may result in expulsion from
F. Environment www.regulations.gov and will include
the area, citation for failure to comply,
any personal information you have
or both.
We have analyzed this proposed rule provided. For more about privacy and (3) All vessels permitted to transit the
under Department of Homeland the docket, visit http:// regulated area must maintain a
Security Directive 023–01, which guides www.regulations.gov/privacyNotice. separation of at least 100 yards away
the Coast Guard in complying with the Documents mentioned in this NPRM from the USS PORTLAND.
National Environmental Policy Act of as being available in the docket, and all (c) Enforcement period. This
1969 (42 U.S.C. 4321–4370f), and have public comments, will be in our online regulated area is subject to enforcement
made a preliminary determination that docket at http://www.regulations.gov from 11:59 p.m. on April 14, 2018 to
this action is one of a category of actions and can be viewed by following that 11:59 p.m. on April 23, 2018.
that do not individually or cumulatively website’s instructions. Additionally, if
you go to the online docket and sign up D.G. Throop,
have a significant effect on the human
for email alerts, you will be notified RADM, U.S. Coast Guard, Commander,
environment. This proposed rule
when comments are posted or a final Thirteenth Coast Guard District.
involves a regulated area lasting less
rule is published. [FR Doc. 2018–05685 Filed 3–20–18; 8:45 am]
than 10 days that would limit entry
BILLING CODE 9110–04–P
within approximately 500 yards of the List of Subjects in 33 CFR Part 100
USS PORTLAND. Normally such Marine Safety, Navigation (water),
actions are categorically excluded from Reporting and recordkeeping DEPARTMENT OF HOMELAND
further review under paragraph L61 of requirements, Waterways. SECURITY
Appendix A, Table 1 of DHS Instruction For the reasons discussed in the
Manual 023–01–001–01, Rev. 01. A preamble, the Coast Guard proposes to Coast Guard
preliminary Memorandum for Record amend 33 CFR part 100 as follows:
supporting this determination is 33 CFR Part 117
available in the docket where indicated PART 100—SAFETY OF LIFE ON [Docket No. USCG–2018–0128]
under ADDRESSES. We seek any NAVIGABLE WATERS
comments or information that may lead RIN 1625–AA09
to the discovery of a significant ■ 1. The authority citation for part 100
continues to read as follows: Drawbridge Operation Regulation;
environmental impact from this Ebey Slough, Marysville, WA
proposed rule. Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.
■ 2. Add § 100.T13–0154 to read as AGENCY: Coast Guard, DHS.
G. Protest Activities ACTION: Notice of proposed rulemaking.
follows:
The Coast Guard respects the First § 100.T13–0154 Special Local Regulations; SUMMARY: The Coast Guard proposes to
sradovich on DSK3GMQ082PROD with PROPOSALS
Amendment rights of protesters. USS PORTLAND Commissioning, Portland, modify the operating schedule that
Protesters are asked to contact the OR. governs the Burlington Northern Santa
person listed in the FOR FURTHER (a) Regulated area. The following area Fe Railroad Bridge 38.3 across Ebey
INFORMATION CONTACT section to is designated as a regulated area: All Slough, mile 1.5, at Marysville, WA.
coordinate protest activities so that your navigable waters of the Willamette River The modified schedule would change
message can be received without within 500 yards of the USS the operating schedule of the Burlington
jeopardizing the safety or security of PORTLAND while moored at the Port of Northern Santa Fe Railway (BNSF)
people, places, or vessels. Portland Terminal 2, specifically the Railroad Bridge 38.3 from on-demand
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Document Created: 2018-03-21 00:45:50
Document Modified: 2018-03-21 00:45:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before April 5, 2018. | |
| Contact | If you have questions about this proposed rulemaking, call or email LCDR Laura Springer, MSU Portland Waterways; 503-240-9319, email [email protected] | |
| FR Citation | 83 FR 12303 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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