[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

[[Page 22914]]

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]
 BILLING CODE 9110-04-P