[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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