[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Proposed Rules]
[Pages 57507-57509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20132]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0818]
RIN 1625-AA00


Safety Zone; Columbia River, Sand Island, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for navigable waters of the Columbia River within a 500-yard radius of 
the small boat ``Nessy,'' while in the area of Sand Island, near 
Chinook, WA, and all involved associated vessels in support of Double-
Crested Cormorant removal operations conducted by the U.S. Army Corps 
of Engineers and U.S. Department of Agriculture Wildlife Services. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Columbia 
River, or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 12, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0818 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 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, Purpose, and Legal Basis

    The U.S. Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services notified the Coast Guard that they intend to conduct 
federally permitted removal operations of the Double-Crested Cormorant 
starting September 21, 2016. This operation will involve the use of 
firearms and live ammunition. The Captain of the Port Sector Columbia 
River (COTP) has determined that potential hazards associated with the 
removal operations will be a safety concern for anyone within a 500-
yard radius of the small boat ``Nessy,'' and all involved associated 
support vessel(s). The safety zone is needed to protect personnel and 
vessels in the navigable waters within the safety zone.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after the scheduled 
operations. The Coast Guard proposes this rulemaking under authority in 
33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone regulation from 
September 21, 2016, through October 21, 2016. The safety zone will 
cover all navigable

[[Page 57508]]

waters of the Columbia River within 500 yards of the small boat 
``Nessy,'' and all involved associated support vessels being used by 
personnel during the removal operation, conducted in the area 
encompassed by these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W. The 500 yard radius area of the 
safety zone is intended to protect persons and vessels from the 
dangerous combined effects of live gunfire, unpredictable animal 
behavior, and a highly dynamic marine environment characterized by 
strong tides, river currents and wind. This safety zone would be 
enforced only when the small boat ``Nessy,'' and all involved 
associated support vessels, are conducting the removal operations. The 
duration of the zone is intended to protect personnel, vessels, and 
activists wanting to protest the event in these navigable waters while 
the removal operations are being conducted. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.
    We learned of the need for the safety zone regulation we are 
proposing on August 11 2016. We have provided an 18-day comment period 
for this proposed rule. If after considering comments we decide to 
issue a temporary final rule, we would need to make that rule effective 
less than 30 days after publication and would state our good cause for 
doing so under 5 U.S.C. 553(d)(3).

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

    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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Columbia River in the area 
encompassing these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 
46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone, and the rule would allow 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 
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 proposed rule

[[Page 57509]]

involves a safety zone lasting four weeks, for three days a week, that 
will prohibit entry within 500 yards of the small boat ``Nessy'' and 
all involved associated support vessels, while in the area encompassing 
these points: 46[deg]15'45'' N., 123[deg]59'39'' W.; 46[deg]15'24'' N., 
123[deg]59'42'' W.; 46[deg]13'32'' N., 123[deg]57'18'' W.; 
46[deg]15'9'' N., 123[deg]55'24'' W.; and 46[deg]15'54'' N., 
123[deg]58'6'' W., while personnel are conducting the removal 
operations of the Double-Crested Cormorant. Normally such actions are 
categorically excluded from further review under paragraph 34(g) 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 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T13-0818 to read as follows:


Sec.  165.T13-0818  Safety Zone; Columbia River.

    (a) Location. The safety zone covered by this rule will cover all 
navigable waters of the Columbia River within 500 yards of the small 
boat ``Nessy,'' and all involved associated support vessels, while in 
the area encompassing these points: 46[deg]15'45'' N., 123[deg]59'39'' 
W.; 46[deg]15'24'' N., 123[deg]59'42'' W.; 46[deg]13'32'' N., 
123[deg]57'18'' W.; 46[deg]15'9'' N., 123[deg]55'24'' W.; and 
46[deg]15'54'' N., 123[deg]58'6'' W.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part, 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. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or are not present in sufficient force to provide effective 
enforcement of this section, any Federal Law Enforcement Officer or 
Oregon Law Enforcement Officer or Washington Law Enforcement Officer 
may enforce the rules contained in this section pursuant to 46 U.S.C. 
70118. In addition, the Captain of the Port may be assisted by members 
of the U.S. Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services onboard the small boat ``Nessy,'' and other federal, 
state, or local agencies in enforcing this section.
    (d) Enforcement period. This section is effective from September 
21, 2016, through October 21, 2016. It will be enforced when the small 
boat ``Nessy,'' and all involved associated support vessels, are 
conducting the removal operations of the Double-Crested Cormorant. The 
small boat ``Nessy'' is described as a 20-foot black and gray aluminum 
work skiff with an overhead light arch. The Coast Guard will inform 
mariners of any change to this period of enforcement via Broadcast 
Notice to Mariners.

    Dated: August 17, 2016.
W. R. Timmons,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-20132 Filed 8-22-16; 8:45 am]
 BILLING CODE 9110-04-P