[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26584-26586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11846]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0488]
RIN 1625-AA00
Safety Zone; Columbia River, Goble, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone along
the navigable waters of the Columbia River in Goble, OR. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by vessel removal and
remediation operations
[[Page 26585]]
near the vessel RIVER QUEEN. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Columbia River or a designated representative.
DATES: This rule is effective without actual notice from June 8, 2017
until 11:59 p.m. on June 30, 2017. For the purposes of enforcement,
actual notice will be used from June 1, 2017, until June 8, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0488 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, 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
delayed promulgation may result in injury to the maritime public or
response personnel, and damage to vessels, equipment, and the marine
environment. in the vicinity of the affected area from the hazards
associated with vessel removal and remediation 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 because such a delay may
result in injury or damage to response personnel, vessels, and
equipment; the maritime public; and/or the marine environment in the
vicinity of the affected area from the hazards associated with vessel
removal and remediation 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
potential hazards associated with vessel removal and remediation
operations starting June 1, 2017, will be a safety concern for anyone
within a designated area surrounding the vessel RIVER QUEEN. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the removal and
remediation operations are occurring.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. June 1, 2017,
through 11:59 p.m. June 30, 2017. If the safety concerns are abated
before June 30, 2017, the Captain of the Port, Columbia River will
issue a general permission to enter the zone and a separate rule to
terminate the effective period of this rule. This safety zone covers
all navigable waters of the Columbia River surrounding the vessel RIVER
QUEEN located in Goble, OR, encompassed by these points: 46[deg]00.566
N., 122[deg]52.34 W.; 46[deg]00.657 N., 122[deg]52.34 W.; 46[deg]00.658
N., 122[deg]52.45 W.; and 46[deg]00.563 N., 122[deg]52.43 W. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during vessel removal and
remediation operations. No vessel or person will be permitted to enter
the safety zone 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 temporary final rule
has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the NPRM has not been reviewed by
the Office of Management and Budget (OMB), and pursuant to OMB guidance
it is exempt from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which will impact a small
designated area of the Columbia River in Goble, OR for a month and
during a time of year when vessel traffic is normally low. Moreover,
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone and the rule allows vessels to seek
permission to enter the 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.
While some owners or operators of vessels intending to transit the
safety zone 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
[[Page 26586]]
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 it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. It is categorically excluded under section 2.B.2,
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor
regulatory changes that are editorial or procedural in nature. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.
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.T13-0488 to read as follows:
Sec. 165.T13-0488 Safety Zone; Columbia River, Goble, OR.
(a) Location. The following area is designated safety zone: All
navigable waters of the Columbia River surrounding the vessel RIVER
QUEEN located in Goble, OR, encompassed by a line connecting the
following points: 46[deg]00.566 N., 122[deg]52.34 W.; 46[deg]00.657 N.,
122[deg]52.34 W.; 46[deg]00.658 N., 122[deg]52.45 W.; and 46[deg]00.563
N., 122[deg]52.43 W.
(b) Enforcement period. This safety zone is in effect from June 1,
2017 until June 30, 2017. It will be subject to enforcement this entire
period unless the Captain of the Port, Columbia River (COTP) determines
it is no longer needed in which case the COTP will issue a general
permission to enter the zone and a separate rule to terminate the
effective period of this rule. The Coast Guard will inform mariners of
any change to this period of enforcement via Broadcast Notice to
Mariners.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative.
(c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2017-11846 Filed 6-7-17; 8:45 am]
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