[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Rules and Regulations]
[Pages 22912-22914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09027]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0237]
RIN 1625-AA11
Regulated Navigation Area; Columbia River, Kalama, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) covering the waters of the Columbia River between river miles 71
and 73, in the vicinity of the mouth of the Kalama River. This action
is necessary to provide for the safety of the persons and vessels
conducting salvage operations on the subject waters at the Port of
Kalama in Kalama, WA. Specifically, this regulation implements a no-
wake requirement for vessels operating in the RNA during those salvage
operations.
DATES: This rule is effective without actual notice from April 19, 2016
through April 30, 2016. For the purposes of enforcement, actual notice
will be used from April 7, 2016 through April 19, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0237 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 Mr. Kenneth Lawrenson, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule 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 this rule because to do so would be impracticable since
the salvage operations are on-going and delaying promulgation of the
regulation could result in injury or damage to the persons and vessels
conducting those operations.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date until 30 days after publication would be impracticable since the
salvage operations are on-going and delaying promulgation of the
regulation could result in injury or damage to the persons and vessels
conducting those operations.
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
the wake created by vessels transiting the waters of the Columbia
River, between river miles 71 and 73, creates a safety hazard for the
persons, including divers, and vessels engaged in salvage operations
involving the M/V SPARNA at the Port of Kalama in Kalama, WA. As such,
this rule is necessary to ensure the safety of those persons, including
divers, and vessels.
IV. Discussion of the Rule
The on-going salvage operations at the Port of Kalama, in Kalama,
WA, involve underwater dive operations with support vessels. These
operations are, by their nature, hazardous and sensitive to water
movement. Wakes from passing vessels could pose significant risks of
injury or death to the involved personnel and risks of damage to
involved vessels. In order to mitigate the safety risks vessel wakes
pose to these operations, it is necessary to control vessel movement
through the area. The purpose of this regulation is to ensure the
safety of waterway users for the duration of this salvage operation. In
order to minimize such unexpected or uncontrolled movement of water,
the RNA requires all vessels transiting this area to operate in such a
manner as to create no wake. The RNA will encompass all waters of the
Columbia River between river miles 71 and 73.
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
[[Page 22913]]
approaches that maximize net benefits. Executive Order 13563 emphasizes
the importance of quantifying both costs and benefits, of reducing
costs, of harmonizing rules, and of promoting flexibility. This rule
has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, it has not been reviewed by the
Office of Management and Budget.
This regulatory action determination is based on the limited size,
location, duration of the RNA. In addition, vessel traffic will be able
to transit through this RNA at any time.
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.
While some owners or operators of vessels intending to transit the
RNA 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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the temporary establishment of an RNA to deal with an
emergency situation for one week or longer in duration. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR 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.
0
2. Add Sec. 165.T13-0237 to read as follows:
Sec. 165.T13-0237 Regulated Navigation Area; Columbia River, Kalama,
WA.
(a) Location. The following area is a Regulated Navigation Area
(RNA): All waters of the Columbia River between river miles 71 and 73.
(b) Regulations. All vessels operating within the RNA created in
paragraph (a) must proceed with caution and operate in such a manner as
to produce no wake.
(c) Enforcement period. The RNA created in paragraph (a) is
effective from April 7, 2016 through April 30, 2016. The Captain of the
Port, Columbia River will provide any updates regarding the enforcement
period of the RNA via Broadcast Notice to Mariners, Local Notice to
Mariners, Marine Safety Information Bulletins, and/or other appropriate
means.
(d) Contact information. For questions regarding this RNA and/or to
report violations contact U.S. Coast Guard
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Sector Columbia River at 503-861-6211 or via VHF-Channel 16.
Dated: April 6, 2016.
D.L. Cottrell,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2016-09027 Filed 4-18-16; 8:45 am]
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