[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12416-12418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04196]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0118]
RIN 1625-AA00


Safety Zone; Columbia River, Sand Island, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Columbia River within a 500-yard radius of the small boat ``Nessy'' 
while in the area of Sand Island, near Chinook, WA, during Double-
Crested Cormorant removal operations being conducted by the U.S. Army 
Corps of Engineers and U.S. Department of Agriculture Wildlife 
Services. This rule prohibits all persons and vessels from being in the 
safety zone unless authorized by the Captain of the Port Sector 
Columbia River (COTP), or a designated representative. We invite your 
comments on this rulemaking.

DATES: This rule is effective from April 3, 2017, through May 25, 2017. 
Comments and related material must be received by the Coast Guard on or 
before March 24, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0118 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. To view documents mentioned in 
this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0118 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
COTP Captain of the Port Sector Columbia River

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 the Double-Crested Cormorant removal 
operations are scheduled to begin on April 3, 2017 and there is not 
sufficient time to publish an NPRM and take comments prior to the 
safety zone being needed to help ensure the safety of waterways users. 
The Coast Guard received the specific dates that the removal operations 
will take place on February 27, 2017.
    The Coast Guard is soliciting public comments on this temporary 
interim rule. Although we need to make this interim rule effective 
starting April 3, 2017, we will consider public comments and may issue 
a temporary final rule that will supersede this interim rule based on 
your comment.

III. 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

[[Page 12417]]

any personal information you have provided. For more about privacy and 
the docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this temporary interim rule 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.

IV. Legal Authority and Need for Rule

    The U.S. Army Corps of Engineers and U.S. Department of Agriculture 
Wildlife Services notified the Coast Guard that they intend to conduct 
removal operations of Double-Crested Cormorant in the area of Sand 
Island on the Columbia River, near Chinook, WA, on the following dates 
from 7 a.m. to 3 p.m. each day: April 3-6, April 10-13, April 17-20, 
April 24-27, May 1-4, May 8-11, May 15-18, and May 22-25, 2017. These 
operations will involve the use of firearms and live ammunition from 
the small boat ``Nessy.'' The COTP has determined that the operations 
pose a potential safety hazard for anyone within a 500-yard radius of 
``Nessy'' due to the live gunfire, unpredictable animal behavior, and 
the highly dynamic marine environment in that area, which is 
characterized by strong tides, river currents, and wind. As such, the 
safety zone is needed to help ensure the safety of all waterways users 
in the area. The safety zone is proposed under the authority in 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.

V. Discussion of the Rule

    The COTP establishes a 500-yard safety zone around the small boat 
``Nessy'' on April 3-6, April 10-13, April 17-20, April 24-27, May 1-4, 
May 8-11, May 15-18, and May 22-25, 2017 from 7 a.m. to 3 p.m. while it 
is operating in the area encompassed by these points: 46[deg]5'5'' 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. Additional 
and/or changes to the dates (within the effective period of this rule) 
and times that the safety zone will be enforced may be necessary due to 
weather conditions and/or other variables and will be communicated to 
the public via Broadcast Notice to Mariners and on-scene notification. 
The safety zone is intended to protect persons and vessels from the 
potential safety hazards associated with Double-Breasted Cormorant 
removal operations being conducted by the U.S. Army Corps of Engineers 
and U.S. Department of Agriculture Wildlife Services from ``Nessy'' and 
will do so by prohibiting all persons and vessels from entering the 
safety zone without permission from the COTP or a designated 
representative. ``Nessy'' is described as a 20-foot black and gray 
aluminum work skiff with an overhead light arch.

VI. 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 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, and time-of-day that the safety zone will be in 
effect and the fact that vessel traffic would be able to safely transit 
around the safety zone. In addition, mariners may request permission 
from the COTP to enter the zone if necessary.

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 
VI.A above this rule would 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

[[Page 12418]]

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 establishment of a temporary safety zone. 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.T13-0118 to read as follows:


Sec.  165.T13-0118   Safety Zone; Columbia River, Sand Island, WA.

    (a) Location. The following area is a safety zone: all waters of 
the Columbia River within 500 yards of the small boat ``Nessy'' 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. ``Nessy'' 
is a 20-foot black and gray aluminum work skiff with an overhead light 
arch.
    (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. Where 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 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 and other federal, state, 
or local agencies in enforcing this section.
    (d) Enforcement periods. This section is effective from April 3, 
2017 through May 25, 2017. It will be enforced from 7 a.m. to 3 p.m. 
each day on the follow dates: April 3 through 6, April 10 through 13, 
April 17 through 20, April 24 through 27, May 1 through 4, May 8 
through 11, May 15 through 18, and May 22 through 25, 2017. The Coast 
Guard will inform mariners of any additions and/or changes to the dates 
and times this section is enforced during its effective period via 
Broadcast Notice to Mariners and on-scene notification.

D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2017-04196 Filed 3-2-17; 8:45 am]
BILLING CODE 9110-04-P