[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Proposed Rules]
[Pages 17780-17782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07513]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0207]
RIN 1625-AA08
Special Local Regulation; Coos Bay, North Bend, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary regulated
area during the inbound and outbound transit of the tall ships
participating in the Festival of Sail to be held on the waters of Coos
Bay. This action is necessary to safeguard participants and spectators
from the hazards associated with the limited maneuverability of tall
ships and to ensure public safety during their transit. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 15, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
USCG-2017-0207 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Laura Springer, MSU Portland
Waterways; 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On June 1, 2017, and again on June 5, 2017, several class A and B
tall sailing ships will be transiting the waters of Coos Bay as part of
the Festival of Sail Coos Bay. To provide for the safety of
participants, spectators, support and transiting vessels, the Coast
Guard proposes to temporarily restrict vessel traffic during the the
inbound and outbound transit of the tall sailing ships.
The purpose of this rulemaking is to protect the tall ships from
potential harm and to protect the public from the hazards associated
with the limited maneuverability of these types of ships. Many factors
amplify the potential hazardousness of the situation, including: large
numbers of local recreational and fishing vessels; a narrow channel;
and, low maneuverability of the tall ships. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a regulated area during the
inbound and outbound transit of participating tall sailing ships on
June 1, 2017 and June 5, 2017. The regulated area would cover all
navigable waters of Coos Bay from the sea buoy to the Ferndale Lower
Range in North Bend, OR. The duration of the regulated area is intended
to ensure the safety of vessels, bystanders, and the navigable waters
during the tall ships' inbound and outbound transits. The Coast Guard,
at its discretion, would allow the passage of affected vessels. No
vessel or person would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs''' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. Although
this proposal would prevent traffic from transiting portions of Coos
Bay, the effect of this regulation would not be significant due to the
limited duration that the regulated area will be in effect and will
allow waterway users to enter or transit through the zone when deemed
safe by the on-scene patrol commander. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and
[[Page 17781]]
operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard
certifies under 5 U.S.C. 605(b) that this proposed rule would not have
a significant economic impact on a substantial number of small
entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves a Special Local
Regulation for a regulated area lasting less than 3 hours during each
transit period that will prohibit vessels from entering an area
encompassing Coos Bay from the sea buoy to the Ferndale Lower Range
unless given permission to do so by the on-scene patrol commander or
his designated representative. Normally such actions are categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and 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 proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T13-0207 to read as follows:
[[Page 17782]]
Sec. 100.T13-0207 Special Local Regulations; Festival of Sail Coos
Bay
(a) Regulated Area. The following area is designated as a regulated
area: All navigable waters of Coos Bay, from the sea buoy to the
Ferndale Lower Range.
(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 Patrol Commander. The Patrol Commander may control
the movement of all vessels in the regulated area. When hailed or
signaled to stop by an official patrol vessel, a vessel shall 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 shall
maintain a separation of at least 100 yards away from the participating
tall sailing ships and a distance of at least 50 yards away while
transiting in the vicinity of the McCullough Memorial Bridge and the
Coos Bay railroad bridge.
(c) Enforcement Period. This regulated area is in effect while the
tall sailing ships are transiting Coos Bay, inbound on June 1, 2017 and
outbound on June 5, 2017.
Dated: April 3, 2017.
M.E. Butt,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2017-07513 Filed 4-12-17; 8:45 am]
BILLING CODE 9110-04-P