83_FR_17699 83 FR 17621 - Special Local Regulation; USS PORTLAND Commissioning, Portland, OR

83 FR 17621 - Special Local Regulation; USS PORTLAND Commissioning, Portland, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 78 (April 23, 2018)

Page Range17621-17623
FR Document2018-08413

The Coast Guard is establishing 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 through 23, 2018. This regulation prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port Columbia River or a designated representative.

Federal Register, Volume 83 Issue 78 (Monday, April 23, 2018)
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Rules and Regulations]
[Pages 17621-17623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08413]


=======================================================================
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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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 through 23, 2018. This regulation prohibits 
persons and vessels from being in the regulated area unless authorized 
by the Captain of the Port Columbia River or a designated 
representative.

DATES: This rule is effective from 12:01 a.m. to 11:59 p.m. on April 
23, 2018. For the purposes of enforcement, actual notice will be used 
from 11:59 p.m. on April 14, 2018, until April 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0154 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, MSU Portland Waterways; 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

    From April 14 through 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.
    In response, on March 21, 2018, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Special Local Regulation; USS 
PORTLAND Commissioning, Portland, OR'' (83 FR 12303). There we proposed 
to establish a regulated area extending approximately 500 yards on each 
side of the naval vessel on the Willamette River in Portland, OR during 
the commissioning ceremonies and invited comments on our proposed 
regulatory action related to this event. During the comment period that 
ended April 5, 2018, we received 3 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because it needs to be effective 
starting April 14, 2018 to ensure the safety of vessels and the 
navigable waters within the regulated area during the ceremonial 
activities and to prevent any disruption to the commissioning 
ceremonies.

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 (COTP) has 
determined that to provide for the safety of participants, spectators, 
support and transiting vessels, it is necessary to temporarily restrict 
vessel traffic from April 14 through 23, 2018. The purpose of this rule 
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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three comments on our NPRM published 
March 21, 2018 (83 FR 12303). The first comment was in support of the 
regulated area. The second comment was from a yacht club requesting 
clarification for transiting the regulated area. Vessels desiring to 
transit the regulated area will be able with approval from the patrol 
commander. This issue was addressed in the published proposed 
regulatory text. Procedures for transiting the area will also be 
published in the Local Notice to Mariners. The third comment was beyond 
the scope of this rulemaking. We made no changes in the regulatory text 
from what we proposed in the NPRM.
    This rule establishes a regulated area from 11:59 p.m. on April 14, 
2018, to 11:59 p.m. on April 23, 2018. The

[[Page 17622]]

regulated area will cover 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. But no 
vessel or person will be permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 area 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 and 
publish information in the Local Notice to Mariners 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area 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 
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 determined that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. This rule involves a regulated area lasting less 
than 10 days that would limit entry within approximately 500 yards of 
the USS PORTLAND. It is categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Memorandum for Record supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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

[[Page 17623]]

jeopardizing the safety or security of people, places or vessels.

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 amends 
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.

    Dated: April 11, 2018.
D.G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-08413 Filed 4-20-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Rules and Regulations                                         17621

                                                3. Executive Order 13771                                    DEPARTMENT OF HOMELAND                                   In response, on March 21, 2018, the
                                                   While the cost savings of the rule                       SECURITY                                              Coast Guard published a notice of
                                                cannot be estimated at this time, this                                                                            proposed rulemaking (NPRM) titled
                                                final rule is considered a deregulatory                     Coast Guard                                           ‘‘Special Local Regulation; USS
                                                action under Executive Order 13771.9                                                                              PORTLAND Commissioning, Portland,
                                                                                                            33 CFR Part 100                                       OR’’ (83 FR 12303). There we proposed
                                                List of Subjects in 31 CFR Part 148                                                                               to establish a regulated area extending
                                                                                                            [Docket Number USCG–2018–0154]
                                                  Reporting and recordkeeping                                                                                     approximately 500 yards on each side of
                                                requirements.                                               RIN 1625–AA08                                         the naval vessel on the Willamette River
                                                                                                                                                                  in Portland, OR during the
                                                Authority and Issuance                                      Special Local Regulation; USS                         commissioning ceremonies and invited
                                                  For the reasons set forth in the                          PORTLAND Commissioning, Portland,                     comments on our proposed regulatory
                                                preamble, the Department of the                             OR                                                    action related to this event. During the
                                                Treasury amends part 148 to 31 CFR as                       AGENCY:    Coast Guard, DHS.                          comment period that ended April 5,
                                                follows:                                                                                                          2018, we received 3 comments.
                                                                                                            ACTION:   Temporary final rule.
                                                                                                                                                                     Under 5 U.S.C. 553(d)(3), the Coast
                                                PART 148—QUALIFIED FINANCIAL                                SUMMARY:   The Coast Guard is                         Guard finds that good cause exists for
                                                CONTRACTS RECORDKEEPING                                     establishing a temporary regulated area               making this rule effective less than 30
                                                RELATED TO THE FDIC ORDERLY                                 for certain waters of the Willamette                  days after publication in the Federal
                                                LIQUIDATION AUTHORITY                                       River. This action is necessary to                    Register. Delaying the effective date of
                                                                                                            provide for the safety of life on these               this rule would be impracticable
                                                ■ 1. The authority citation for part 148                                                                          because it needs to be effective starting
                                                continues to read as follows:                               navigable waters near Port of Portland
                                                                                                            Terminal 2, Portland, OR, during a                    April 14, 2018 to ensure the safety of
                                                  Authority: 31 U.S.C. 321(b) and 12 U.S.C.                 naval vessel commissioning ceremony                   vessels and the navigable waters within
                                                5390(c)(8)(H).                                                                                                    the regulated area during the ceremonial
                                                                                                            on April 14 through 23, 2018. This
                                                ■ 2. Amend § 148.1 by revising                              regulation prohibits persons and vessels              activities and to prevent any disruption
                                                paragraphs (d)(1)(i) introductory text,                     from being in the regulated area unless               to the commissioning ceremonies.
                                                (d)(1)(i)(A) introductory text, (d)(1)(i)(B)                authorized by the Captain of the Port                 III. Legal Authority and Need for Rule
                                                introductory text, (d)(1)(i)(C)                             Columbia River or a designated
                                                introductory text, and (d)(1)(i)(D) to read                                                                          The Coast Guard is issuing this rule
                                                                                                            representative.
                                                as follows:                                                                                                       under authority in 33 U.S.C. 1233. The
                                                                                                            DATES:  This rule is effective from 12:01             Captain of the Port Sector Columbia
                                                § 148.1 Scope, purpose, effective date, and                 a.m. to 11:59 p.m. on April 23, 2018. For             River (COTP) has determined that to
                                                compliance dates.                                           the purposes of enforcement, actual                   provide for the safety of participants,
                                                *      *     *     *      *                                 notice will be used from 11:59 p.m. on                spectators, support and transiting
                                                   (d) * * *                                                April 14, 2018, until April 23, 2018.                 vessels, it is necessary to temporarily
                                                   (1) * * *                                                ADDRESSES: To view documents                          restrict vessel traffic from April 14
                                                   (i) A records entity subject to this part                mentioned in this preamble as being                   through 23, 2018. The purpose of this
                                                on the effective date must comply with                      available in the docket, go to http://                rule is to ensure the safety of vessels
                                                § 148.3(a)(2) on the date that is 90 days                   www.regulations.gov, type USCG–2018–                  and the navigable waters within the
                                                after the effective date and with all other                 0154 in the ‘‘SEARCH’’ box and click                  regulated area, during, and after the
                                                applicable requirements of this part on:                    ‘‘SEARCH.’’ Click on Open Docket                      scheduled event and to prevent any
                                                   (A) March 31, 2019 for a records                         Folder on the line associated with this               disruption to the commissioning
                                                entity that:                                                rule.                                                 ceremonies.
                                                *      *     *     *      *                                 FOR FURTHER INFORMATION CONTACT: If
                                                   (B) June 30, 2019 for any records                                                                              IV. Discussion of Comments, Changes,
                                                                                                            you have questions on this rule, call or              and the Rule
                                                entity that is not subject to the                           email LCDR Laura Springer, MSU
                                                compliance date set forth in paragraph                                                                               As noted above, we received three
                                                                                                            Portland Waterways; telephone 503–
                                                (d)(1)(i)(A) of this section and:                                                                                 comments on our NPRM published
                                                                                                            240–9319, email msupdxwwm@
                                                *      *     *     *      *                                                                                       March 21, 2018 (83 FR 12303). The first
                                                                                                            uscg.mil.
                                                   (C) June 30, 2020 for any records                                                                              comment was in support of the
                                                entity that is not subject to the                           SUPPLEMENTARY INFORMATION:                            regulated area. The second comment
                                                compliance dates set forth in paragraph                     I. Table of Abbreviations                             was from a yacht club requesting
                                                (d)(1)(i)(A) or (B) of this section and:                                                                          clarification for transiting the regulated
                                                *      *     *     *      *                                 CFR Code of Federal Regulations                       area. Vessels desiring to transit the
                                                   (D) June 30, 2021 for any records                        DHS Department of Homeland Security                   regulated area will be able with
                                                entity that is not subject to the                           FR Federal Register                                   approval from the patrol commander.
                                                                                                            NPRM Notice of proposed rulemaking                    This issue was addressed in the
                                                compliance dates set forth in paragraph
                                                                                                            § Section                                             published proposed regulatory text.
                                                (d)(1)(i)(A), (B), or (C) of this section.                  U.S.C. United States Code
                                                *      *     *     *      *                                                                                       Procedures for transiting the area will
                                                                                                                                                                  also be published in the Local Notice to
                                                  Dated: April 13, 2018.                                    II. Background Information and
                                                                                                                                                                  Mariners. The third comment was
jstallworth on DSKBBY8HB2PROD with RULES




                                                Clay Berry,                                                 Regulatory History
                                                                                                                                                                  beyond the scope of this rulemaking.
                                                Deputy Assistant Secretary for Financial                      From April 14 through 23, 2018, the                 We made no changes in the regulatory
                                                Markets.                                                    U.S. Navy will be conducting                          text from what we proposed in the
                                                [FR Doc. 2018–08388 Filed 4–20–18; 8:45 am]                 ceremonial activities for the                         NPRM.
                                                BILLING CODE 4810–25–P                                      commissioning of the USS PORTLAND.                       This rule establishes a regulated area
                                                                                                            The commissioning activities will take                from 11:59 p.m. on April 14, 2018, to
                                                    9 82   FR 9339 (Feb. 3, 2017).                          place at the Port of Portland Terminal 2.             11:59 p.m. on April 23, 2018. The


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                                                17622               Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Rules and Regulations

                                                regulated area will cover navigable                     requires Federal agencies to consider                 various levels of government. We have
                                                waters at Port of Portland Terminal 2 on                the potential impact of regulations on                analyzed this rule under that Order and
                                                the Willamette River. Specifically, the                 small entities during rulemaking. The                 have determined that it is consistent
                                                navigable waters bounded by the                         term ‘‘small entities’’ comprises small               with the fundamental federalism
                                                following points: 45°33.34′ N, 122°                     businesses, not-for-profit organizations              principles and preemption requirements
                                                42.34′ W; 45°33.12′ N, 122°42.51′ W;                    that are independently owned and                      described in Executive Order 13132.
                                                45°32.71′ N, 122°41.37′ W; and                          operated and are not dominant in their                   Also, this rule does not have tribal
                                                45°32.58′ N, 122°41.54′ W. The duration                 fields, and governmental jurisdictions                implications under Executive Order
                                                of the regulated area is intended to                    with populations of less than 50,000.                 13175, Consultation and Coordination
                                                ensure the safety of vessels, bystanders,               The Coast Guard received no comments                  with Indian Tribal Governments,
                                                and the navigable waters and to prevent                 from the Small Business Administration                because it does not have a substantial
                                                any disruption of the events associated                 on this rulemaking. The Coast Guard                   direct effect on one or more Indian
                                                with the commissioning ceremony of                      certifies under 5 U.S.C. 605(b) that this             tribes, on the relationship between the
                                                the USS PORTLAND. The Coast Guard,                      rule will not have a significant                      Federal Government and Indian tribes,
                                                at its discretion, would allow the                      economic impact on a substantial                      or on the distribution of power and
                                                passage of affected vessels. But no                     number of small entities.                             responsibilities between the Federal
                                                vessel or person will be permitted to                      While some owners or operators of                  Government and Indian tribes. If you
                                                enter the regulated area without                        vessels intending to transit the regulated            believe this rule has implications for
                                                obtaining permission from the COTP or                   area may be small entities, for the                   federalism or Indian tribes, please
                                                a designated representative.                            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.
                                                V. Regulatory Analyses                                  economic impact on any vessel owner
                                                  We developed this rule after                                                                                E. Unfunded Mandates Reform Act
                                                                                                        or operator.
                                                considering numerous statutes and                          Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                                Executive orders related to rulemaking.                 Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                                Below we summarize our analyses                         Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                                based on a number of these statutes and                 we want to assist small entities in                   their discretionary regulatory actions. In
                                                Executive orders, and we discuss First                  understanding this rule. If the rule                  particular, the Act addresses actions
                                                Amendment rights of protestors.                         would affect your small business,                     that may result in the expenditure by a
                                                                                                        organization, or governmental                         State, local, or tribal government, in the
                                                A. Regulatory Planning and Review                                                                             aggregate, or by the private sector of
                                                                                                        jurisdiction and you have questions
                                                   Executive Orders 12866 and 13563                     concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                                direct agencies to assess the costs and                 compliance, please contact the person                 more in any one year. Though this rule
                                                benefits of available regulatory                        listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                                alternatives and, if regulation is                      CONTACT section.                                      we do discuss the effects of this rule
                                                necessary, to select regulatory                            Small businesses may send comments                 elsewhere in this preamble.
                                                approaches that maximize net benefits.                  on the actions of Federal employees
                                                Executive Order 13771 directs agencies                                                                        F. Environment
                                                                                                        who enforce, or otherwise determine
                                                to control regulatory costs through a                   compliance with, Federal regulations to                  We have analyzed this rule under
                                                budgeting process. This rule has not                    the Small Business and Agriculture                    Department of Homeland Security
                                                been designated a ‘‘significant                         Regulatory Enforcement Ombudsman                      Directive 023–01, which guides the
                                                regulatory action,’’ under Executive                    and the Regional Small Business                       Coast Guard in complying with the
                                                Order 12866. Accordingly, this rule has                 Regulatory Fairness Boards. The                       National Environmental Policy Act of
                                                not been reviewed by the Office of                      Ombudsman evaluates these actions                     1969 (42 U.S.C. 4321–4370f), and have
                                                Management and Budget (OMB), and                        annually and rates each agency’s                      determined that this action is one of a
                                                pursuant to OMB guidance it is exempt                   responsiveness to small business. If you              category of actions that do not
                                                from the requirements of Executive                      wish to comment on actions by                         individually or cumulatively have a
                                                Order 13771.                                            employees of the Coast Guard, call 1–                 significant effect on the human
                                                   This regulatory action determination                 888–REG–FAIR (1–888–734–3247). The                    environment. This rule involves a
                                                is based on the size, location, and                     Coast Guard will not retaliate against                regulated area lasting less than 10 days
                                                duration of the regulated area. Although                small entities that question or complain              that would limit entry within
                                                this proposal would prevent traffic from                about this rule or any policy or action               approximately 500 yards of the USS
                                                transiting portions of the Willamette                   of the Coast Guard.                                   PORTLAND. It is categorically excluded
                                                River, the effect of this regulation would                                                                    from further review under paragraph
                                                not be significant due to the limited                   C. Collection of Information                          L61 of Appendix A, Table 1 of DHS
                                                duration that the regulated area would                    This rule will not call for a new                   Instruction Manual 023–01–001–01,
                                                be in effect and would allow waterway                   collection of information under the                   Rev. 01. A Memorandum for Record
                                                users to enter or transit through the area              Paperwork Reduction Act of 1995 (44                   supporting this determination is
                                                when deemed safe by the on-scene                        U.S.C. 3501–3520).                                    available in the docket where indicated
                                                patrol commander. Moreover, the Coast                                                                         under ADDRESSES.
                                                                                                        D. Federalism and Indian Tribal
                                                Guard would issue a Broadcast Notice to
                                                                                                        Governments                                           G. Protest Activities
                                                Mariners via VHF–FM marine channel
jstallworth on DSKBBY8HB2PROD with RULES




                                                16 and publish information in the Local                    A rule has implications for federalism               The Coast Guard respects the First
                                                Notice to Mariners about the regulated                  under Executive Order 13132,                          Amendment rights of protesters.
                                                area.                                                   Federalism, if it has a substantial direct            Protesters are asked to contact the
                                                                                                        effect on the States, on the relationship             person listed in the FOR FURTHER
                                                B. Impact on Small Entities                             between the national government and                   INFORMATION CONTACT section to
                                                  The Regulatory Flexibility Act of                     the States, or on the distribution of                 coordinate protest activities so that your
                                                1980, 5 U.S.C. 601–612, as amended,                     power and responsibilities among the                  message can be received without


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                                                                    Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Rules and Regulations                                               17623

                                                jeopardizing the safety or security of                    Dated: April 11, 2018.                              Coast Guard notified known commercial
                                                people, places or vessels.                              D.G. Throop,                                          vessel operators that transit the area,
                                                                                                        Rear Admiral, U.S. Coast Guard, Commander,            including the Sandy Hook Pilots and the
                                                List of Subjects in 33 CFR Part 100
                                                                                                        Thirteenth Coast Guard District.                      local Tug/Tow Committee; there were
                                                  Marine safety, Navigation (water),                    [FR Doc. 2018–08413 Filed 4–20–18; 8:45 am]           no objections to this temporary
                                                Reporting and recordkeeping                             BILLING CODE 9110–04–P                                deviation. Vessels able to pass under the
                                                requirements, Waterways.                                                                                      bridge in the closed position may do so
                                                  For the reasons discussed in the                                                                            at any time. The bridge will not be able
                                                preamble, the Coast Guard amends 33                     DEPARTMENT OF HOMELAND                                to open for emergencies and there is no
                                                CFR part 100 as follows:                                SECURITY                                              immediate alternate route for vessels to
                                                                                                                                                              pass.
                                                PART 100—SAFETY OF LIFE ON                              Coast Guard                                              The Coast Guard will inform the users
                                                NAVIGABLE WATERS                                                                                              of the waterways through our Local and
                                                                                                        33 CFR Part 117                                       Broadcast Notices to Mariners of the
                                                ■ 1. The authority citation for part 100                [Docket No. USCG–2018–0298]                           change in operating schedule for the
                                                continues to read as follows:                                                                                 bridge so that vessel operators can
                                                                                                        Drawbridge Operation Regulation;                      arrange their transits to minimize any
                                                  Authority: 33 U.S.C. 1233; 33 CFR
                                                1.05–1.                                                 Harlem River, Bronx, New York                         impact caused by the temporary
                                                                                                                                                              deviation.
                                                ■ 2. Add § 100.T13–0154 to read as                      AGENCY: Coast Guard, DHS.                                In accordance with 33 CFR 117.35(e),
                                                follows:                                                ACTION:Notice of deviation from                       the drawbridge must return to its regular
                                                                                                        drawbridge regulation.                                operating schedule immediately at the
                                                § 100.T13–0154 Special Local Regulations;                                                                     end of the effective period of this
                                                USS PORTLAND Commissioning, Portland,                   SUMMARY:    The Coast Guard has issued a              temporary deviation. This deviation
                                                OR.                                                     temporary deviation from the operating                from the operating regulations is
                                                   (a) Regulated area. The following area               schedule that governs the Broadway                    authorized under 33 CFR 117.35.
                                                is designated as a regulated area: All                  Bridge across the Harlem River, mile
                                                                                                        6.8, at Bronx, New York. This temporary                 Dated: April 17, 2018
                                                navigable waters of the Willamette River
                                                                                                        deviation is necessary to allow the                   Christopher J. Bisignano,
                                                within 500 yards of the USS
                                                PORTLAND while moored at the Port of                    bridge to remain in the closed-to-                    Supervisory Bridge Management Specialist,
                                                                                                        navigation position to facilitate the                 First Coast Guard District.
                                                Portland Terminal 2, specifically the
                                                navigable waters bounded by the                         replacement of track panels.                          [FR Doc. 2018–08372 Filed 4–20–18; 8:45 am]
                                                following points: 45°33.34′ N,                                                                                BILLING CODE 9110–04–P
                                                                                                        DATES: This deviation is effective from
                                                122°42.34′ W; 45°33.12′ N, 122°42.51′                   6 a.m. on April 28, 2018, to 5 p.m. on
                                                W; 45°32.71′ N, 122°41.37′ W; and                       May 13, 2018.
                                                45°32.58′ N, 122°41.54′ W.                              ADDRESSES: The docket for this
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                                   (b) Special local regulations. (1) The               deviation, USCG–2018–0298 is available                National Oceanic and Atmospheric
                                                Coast Guard may patrol the regulated                    at http://www.regulations.gov. Type the               Administration
                                                area under the direction of a designated                docket number in the ‘‘SEARCH’’ box
                                                Coast Guard Patrol Commander                            and click ‘‘SEARCH.’’ Click on Open                   50 CFR Part 622
                                                (PATCOM). PATCOM may be contacted                       Docket Folder on the line associated
                                                on Channel 16 VHF–FM (156.8 MHz) by                     with this deviation.                                  [Docket No. 140818679–5356–02]
                                                the call sign ‘‘PATCOM.’’ Official patrol               FOR FURTHER INFORMATION CONTACT: If                   RIN 0648–XG060
                                                vessels may consist of any Coast Guard,                 you have questions on this temporary
                                                Coast Guard Auxiliary, state, or local                  deviation, call or email Judy Leung-Yee,              Fisheries of the Caribbean, Gulf of
                                                law enforcement vessels assigned or                     Project Officer, First Coast Guard                    Mexico, and South Atlantic; Reef Fish
                                                approved by the Captain of the Port,                    District, telephone 212–514–4330, email               Fishery of the Gulf of Mexico; 2018
                                                Sector Columbia River.                                  Judy.K.Leung-yee@uscg.mil.                            Recreational Fishing Seasons for Red
                                                   (2) Entrance into the regulated area is              SUPPLEMENTARY INFORMATION: New York                   Snapper in the Gulf of Mexico
                                                prohibited unless authorized by the                     City Transit, the owner of the bridge,                AGENCY:  National Marine Fisheries
                                                PATCOM. The PATCOM may control                          requested a temporary deviation from                  Service (NMFS), National Oceanic and
                                                the movement of all vessels in the                      the normal operating schedule to                      Atmospheric Administration (NOAA),
                                                regulated area. When hailed or signaled                 facilitate the replacement of track                   Commerce.
                                                to stop by an official patrol vessel, a                 panels. The Broadway Bridge across the
                                                vessel must come to an immediate stop                                                                         ACTION: Temporary rule; closure.
                                                                                                        Harlem River, mile 6.8, has a vertical
                                                and comply with the lawful directions                   clearance in the closed position of 24                SUMMARY:   NMFS announces the 2018
                                                issued. Failure to comply with a lawful                 feet at mean high water and 29 feet at                recreational fishing seasons for the
                                                direction may result in expulsion from                  mean low water. The existing bridge                   private angling and Federal charter
                                                the area, citation for failure to comply,               operating regulations are listed at 33                vessel/headboat (for-hire) components
                                                or both.                                                CFR 117.789(b)(1).                                    for red snapper in the exclusive
                                                   (3) All vessels permitted to transit the                Under this temporary deviation, the                economic zone (EEZ) of the Gulf of
jstallworth on DSKBBY8HB2PROD with RULES




                                                regulated area must maintain a                          Broadway Bridge shall remain in the                   Mexico (Gulf) through this temporary
                                                separation of at least 100 yards away                   closed position between 6 a.m. and 7                  rule. The Federal recreational season for
                                                from the USS PORTLAND.                                  p.m. on April 28, May 5 and May 12,                   red snapper in the Gulf EEZ begins at
                                                   (c) Enforcement period. This                         2018; and between 6 a.m. and 5 p.m. on                12:01 a.m., local time, on June 1, 2018.
                                                regulated area is subject to enforcement                April 29, May 6 and May 13, 2018.                     For recreational harvest by the private
                                                from 11:59 p.m. on April 14, 2018 to                       The waterway is transited by                       angling component, the season closes at
                                                11:59 p.m. on April 23, 2018.                           commercial and recreational traffic. The              12:01 a.m., local time, on June 1, 2018.


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Document Created: 2018-04-21 00:32:48
Document Modified: 2018-04-21 00:32:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 12:01 a.m. to 11:59 p.m. on April 23, 2018. For the purposes of enforcement, actual notice will be used from 11:59 p.m. on April 14, 2018, until April 23, 2018.
ContactIf you have questions on this rule, call or email LCDR Laura Springer, MSU Portland Waterways; telephone 503-240-9319, email [email protected]
FR Citation83 FR 17621 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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