83_FR_57539 83 FR 57318 - Safety Zone; Columbia River, Cascade Locks, OR

83 FR 57318 - Safety Zone; Columbia River, Cascade Locks, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57318-57319
FR Document2018-24846

The Coast Guard is removing the temporary safety zone for navigable waters of the Columbia River between river mile 142 and 143 in vicinity of Cascade Locks, Oregon. The safety zone was necessary to protect personnel, vessels, and the marine environment from potential hazards created by salvage operations of the tug DIANE. The safety zone is no longer needed and the Coast Guard is removing the regulation.

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018) 
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57318-57319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24846]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0998]
RIN 1625-AA00


Safety Zone; Columbia River, Cascade Locks, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule; termination of existing safety zone.

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SUMMARY: The Coast Guard is removing the temporary safety zone for 
navigable waters of the Columbia River between river mile 142 and 143 
in vicinity of Cascade Locks, Oregon. The safety zone was necessary to 
protect personnel, vessels, and the marine environment from potential 
hazards created by salvage operations of the tug DIANE. The safety zone 
is no longer needed and the Coast Guard is removing the regulation.

DATES: The rule is effective November 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0998 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 Dixon Whitley, Waterways Management Division, Marine 
Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email 
msupdxwwm@uscg.mil.

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 issuing this rule to remove a regulation without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to removing the safety zone 
regulation around the salvage operations for the tug DIANE because to 
do so would be unnecessary since the salvage operations concluded and 
the safety zone that is no longer needed.
    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 unnecessary because this rule removes a safety zone 
that is no longer needed.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Columbia River (COTP) has determined that 
potential hazards associated with pile driving, cofferdam installation, 
diving, and vessel recovery operations are no longer present between 
Columbia River Mile 142 and 143 in vicinity of Cascade Locks, Oregon.

IV. Discussion of the Rule

    On November 2, 2018, the Coast Guard published a temporary final 
rule ``Safety Zone; Columbia River, Cascade Locks, OR'' in the Federal 
Register (83 FR 55101). The safety zone was necessary to protect 
personnel, vessels, and the marine environment from potential hazards 
created by salvage operations of the tug DIANE. The zone covered all 
navigable waters of the Columbia River between river mile 142 and 143. 
The salvage operations for the tug DIANE are finished. The safety zone 
is no longer needed and the Coast Guard is removing the regulation.

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 removal of an 
obsolete safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    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

[[Page 57319]]

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 above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, 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. It is categorically 
excluded from further review under paragraph L60(b) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration is not required for this rule because we 
are disestablishing a safety zone.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


Sec.  165.T13-0998  [Removed]

0
2. Remove Sec.  165.T13-0998.

    Dated: November 8, 2018.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2018-24846 Filed 11-14-18; 8:45 am]
 BILLING CODE 9110-04-P

57318 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations of the alleged violator, but any oral available in the docket, go to https:// IV. Discussion of the Rule communication with OFAC prior to a www.regulations.gov, type USCG–2018– On November 2, 2018, the Coast written submission regarding the 0998 in the ‘‘SEARCH’’ box and click Guard published a temporary final rule specific alleged violations contained in ‘‘SEARCH.’’ Click on Open Docket ‘‘Safety Zone; Columbia River, Cascade the initial Finding of Violation must be Folder on the line associated with this Locks, OR’’ in the Federal Register (83 preceded by a written letter of rule. FR 55101). The safety zone was representation, unless the initial necessary to protect personnel, vessels, Finding of Violation was served upon FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or and the marine environment from the alleged violator in care of the potential hazards created by salvage representative. email LCDR Dixon Whitley, Waterways Management Division, Marine Safety operations of the tug DIANE. The zone Unit Portland, U.S. Coast Guard; covered all navigable waters of the Subpart H—Procedures Columbia River between river mile 142 telephone 503–240–9319, email ■ 21. Revise § 547.802 to read as msupdxwwm@uscg.mil. and 143. The salvage operations for the follows: tug DIANE are finished. The safety zone SUPPLEMENTARY INFORMATION: is no longer needed and the Coast Guard § 547.802 Delegation of certain authorities is removing the regulation. by the Secretary of the Treasury. I. Table of Abbreviations V. Regulatory Analyses Any action that the Secretary of the CFR Code of Federal Regulations Treasury is authorized to take pursuant DHS Department of Homeland Security We developed this rule after to Executive Order 13413 of October 27, FR Federal Register considering numerous statutes and 2006 (E.O. 13413), Executive Order NPRM Notice of proposed rulemaking Executive orders related to rulemaking. 13671 of July 8, 2014, and any further § Section Below we summarize our analyses Executive orders relating to the national U.S.C. United States Code based on a number of these statutes and emergency declared in E.O. 13413, may Executive orders, and we discuss First II. Background Information and Amendment rights of protestors. be taken by the Director of OFAC or by any other person to whom the Secretary Regulatory History A. Regulatory Planning and Review of the Treasury has delegated authority The Coast Guard is issuing this rule so to act. Executive Orders 12866 and 13563 to remove a regulation without prior direct agencies to assess the costs and Dated: November 7, 2018. notice and opportunity to comment benefits of available regulatory Andrea Gacki, pursuant to authority under section 4(a) alternatives and, if regulation is Director, Office of Foreign Assets Control. of the Administrative Procedure Act necessary, to select regulatory [FR Doc. 2018–24696 Filed 11–14–18; 8:45 am] (APA) (5 U.S.C. 553(b)). This provision approaches that maximize net benefits. BILLING CODE 4810–AL–P authorizes an agency to issue a rule Executive Order 13771 directs agencies without prior notice and opportunity to to control regulatory costs through a comment when the agency for good budgeting process. This rule has not DEPARTMENT OF HOMELAND cause finds that those procedures are been designated a ‘‘significant SECURITY ‘‘impracticable, unnecessary, or contrary regulatory action,’’ under Executive to the public interest.’’ Under 5 U.S.C. Order 12866. Accordingly, this rule has Coast Guard 553(b)(B), the Coast Guard finds that not been reviewed by the Office of good cause exists for not publishing a Management and Budget (OMB), and 33 CFR Part 165 notice of proposed rulemaking (NPRM) pursuant to OMB guidance it is exempt with respect to removing the safety zone from the requirements of Executive [Docket Number USCG–2018–0998] regulation around the salvage operations Order 13771. RIN 1625–AA00 for the tug DIANE because to do so This regulatory action determination would be unnecessary since the salvage is based on the removal of an obsolete Safety Zone; Columbia River, Cascade operations concluded and the safety safety zone. Locks, OR zone that is no longer needed. B. Impact on Small Entities AGENCY: Coast Guard, DHS. Under 5 U.S.C. 553(d)(3), the Coast The Regulatory Flexibility Act of ACTION: Final rule; termination of Guard finds that good cause exists for 1980, 5 U.S.C. 601–612, as amended, existing safety zone. making this rule effective less than 30 requires Federal agencies to consider days after publication in the Federal the potential impact of regulations on SUMMARY: The Coast Guard is removing Register. Delaying the effective date of small entities during rulemaking. The the temporary safety zone for navigable this rule would be unnecessary because term ‘‘small entities’’ comprises small waters of the Columbia River between this rule removes a safety zone that is businesses, not-for-profit organizations river mile 142 and 143 in vicinity of no longer needed. that are independently owned and Cascade Locks, Oregon. The safety zone III. Legal Authority and Need for Rule operated and are not dominant in their was necessary to protect personnel, fields, and governmental jurisdictions vessels, and the marine environment The Coast Guard is issuing this rule with populations of less than 50,000. from potential hazards created by under authority in 33 U.S.C. 1231. The The Coast Guard certifies under 5 U.S.C. salvage operations of the tug DIANE. Captain of the Port Columbia River 605(b) that this rule will not have a The safety zone is no longer needed and khammond on DSK30JT082PROD with RULES (COTP) has determined that potential significant economic impact on a the Coast Guard is removing the hazards associated with pile driving, substantial number of small entities. regulation. cofferdam installation, diving, and Under section 213(a) of the Small DATES: The rule is effective November vessel recovery operations are no longer Business Regulatory Enforcement 15, 2018. present between Columbia River Mile Fairness Act of 1996 (Pub. L. 104–121), ADDRESSES: To view documents 142 and 143 in vicinity of Cascade we want to assist small entities in mentioned in this preamble as being Locks, Oregon. understanding this rule. If the rule VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\15NOR1.SGM 15NOR1

Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations 57319 would affect your small business, particular, the Act addresses actions DEPARTMENT OF HOMELAND organization, or governmental that may result in the expenditure by a SECURITY jurisdiction and you have questions State, local, or tribal government, in the concerning its provisions or options for aggregate, or by the private sector of Coast Guard compliance, please contact the person $100,000,000 (adjusted for inflation) or listed in the FOR FURTHER INFORMATION more in any one year. Though this rule 33 CFR Part 165 CONTACT section. will not result in such an expenditure, [Docket Number USCG–2018–0948] Small businesses may send comments we do discuss the effects of this rule on the actions of Federal employees elsewhere in this preamble. RIN 1625–AA00 who enforce, or otherwise determine F. Environment Safety Zone; Delaware River; Camden, compliance with, Federal regulations to the Small Business and Agriculture We have analyzed this rule under NJ; Fireworks Display Regulatory Enforcement Ombudsman Department of Homeland Security Directive 023–01 and Commandant AGENCY: Coast Guard, DHS. and the Regional Small Business Regulatory Fairness Boards. The Instruction M16475.1D, which guide the ACTION: Temporary final rule. Ombudsman evaluates these actions Coast Guard in complying with the SUMMARY: The Coast Guard is annually and rates each agency’s National Environmental Policy Act of establishing a temporary safety zone on responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a a portion of the Delaware River in wish to comment on actions by Camden, NJ. This action is necessary to employees of the Coast Guard, call 1– category of actions that do not individually or cumulatively have a protect the surrounding public and 888–REG–FAIR (1–888–734–3247). The vessels on these navigable waters Coast Guard will not retaliate against significant effect on the human environment. It is categorically adjacent to the Battleship New Jersey small entities that question or complain Museum and Memorial, Camden, NJ, about this rule or any policy or action excluded from further review under paragraph L60(b) of Appendix A, Table during a fireworks display on November of the Coast Guard. 14, 2018. This regulation prohibits 1 of DHS Instruction Manual 023–01– C. Collection of Information 001–01, Rev. 01. A Record of persons and vessels from entering, Environmental Consideration is not transiting, or remaining within the This rule will not call for a new required for this rule because we are safety zone unless authorized by the collection of information under the disestablishing a safety zone. Captain of the Port Delaware Bay or a Paperwork Reduction Act of 1995 (44 designated representative. U.S.C. 3501–3520). G. Protest Activities DATES: This rule is effective from 8:15 D. Federalism and Indian Tribal The Coast Guard respects the First p.m. through 9:15 p.m. on November 14, Governments Amendment rights of protesters. 2018. A rule has implications for federalism Protesters are asked to contact the ADDRESSES: To view documents under Executive Order 13132, person listed in the FOR FURTHER mentioned in this preamble as being Federalism, if it has a substantial direct INFORMATION CONTACT section to available in the docket, go to http:// effect on the States, on the relationship coordinate protest activities so that your www.regulations.gov, type USCG–2018– between the national government and message can be received without 0948 in the ‘‘SEARCH’’ box and click the States, or on the distribution of jeopardizing the safety or security of ‘‘SEARCH.’’ Click on Open Docket power and responsibilities among the people, places or vessels. Folder on the line associated with this various levels of government. We have List of Subjects in 33 CFR Part 165 rule. analyzed this rule under that Order and FOR FURTHER INFORMATION CONTACT: If have determined that it is consistent Harbors, Marine safety, Navigation (water), Reporting and recordkeeping you have questions on this rule, call or with the fundamental federalism email Petty Officer Thomas Welker, U.S. principles and preemption requirements requirements, Security measures, Waterways. Coast Guard, Sector Delaware Bay, described in Executive Order 13132. Waterways Management Division; Also, this rule does not have tribal For the reasons discussed in the telephone 215–271–4814, email implications under Executive Order preamble, the Coast Guard amends 33 Thomas.j.welker@uscg.mil. 13175, Consultation and Coordination CFR part 165 as follows: SUPPLEMENTARY INFORMATION: with Indian Tribal Governments, because it does not have a substantial PART 165—REGULATED NAVIGATION I. Table of Abbreviations direct effect on one or more Indian AREAS AND LIMITED ACCESS AREAS CFR Code of Federal Regulations tribes, on the relationship between the ■ 1. The authority citation for part 165 COTP Captain of the Port Federal Government and Indian tribes, DHS Department of Homeland Security continues to read as follows: or on the distribution of power and FR Federal Register responsibilities between the Federal Authority: 33 U.S.C. 1231; 50 U.S.C. 191; NPRM Notice of proposed rulemaking Government and Indian tribes. If you 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; § Section Department of Homeland Security Delegation U.S.C. United States Code believe this rule has implications for No. 0170.1. federalism or Indian tribes, please II. Background, Purpose, and Legal contact the person listed in the FOR § 165.T13–0998 [Removed] Basis FURTHER INFORMATION CONTACT section ■ 2. Remove § 165.T13–0998. khammond on DSK30JT082PROD with RULES above. On September 14, 2018, Rexel, Inc. Dated: November 8, 2018. notified the Coast Guard that it will be E. Unfunded Mandates Reform Act J.C. Smith, conducting a fireworks display from The Unfunded Mandates Reform Act Captain, U.S. Coast Guard, Captain of the 8:35 p.m. to 8:55 p.m. on November 14, of 1995 (2 U.S.C. 1531–1538) requires Port Sector Columbia River. 2018. The fireworks are to be launched Federal agencies to assess the effects of [FR Doc. 2018–24846 Filed 11–14–18; 8:45 am] from a barge on the Delaware River their discretionary regulatory actions. In BILLING CODE 9110–04–P adjacent the Battleship New Jersey VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\15NOR1.SGM 15NOR1


Document Created: 2018-11-15 04:00:57
Document Modified: 2018-11-15 04:00:57
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
ActionFinal rule; termination of existing safety zone.
DatesThe rule is effective November 15, 2018.
ContactIf you have questions on this rule, call or email LCDR Dixon Whitley, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation83 FR 57318 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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