[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25960-25962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11634]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 the tall ships 
and to ensure public safety during their transit. This regulation 
prohibits persons and vessels from being in the regulated area unless 
authorized by the patrol commander or a designated representative.

DATES: This rule is effective without actual notice from June 6, 2017 
through June 5, 2017. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, May 31, 2017, through 
June 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0207 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, 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 Information and Regulatory History

    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 published a notice of proposed rulemaking (NPRM) titled Special 
Local Regulation; Coos Bay, North Bend, OR. There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory 
action. During the comment period that ended May 15, 2017, we received 
no comments.
    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 this rule 
would be impractical as it would prevent the Coast Guard from ensuring 
the safety of participants, spectators, support and transiting vessels 
during the transit of the sailing ships and immediate action is 
necessary to prevent possible loss of life and property.

[[Page 25961]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Columbia River has determined that 
potential hazards exist with the limited maneuverability of tall 
sailing ships. Many other factors amplify the potential hazards of the 
situation, including: Large numbers of recreational and fishing 
vessels; a narrow channel; and, limited maneuverability of the tall 
ships. The purpose of this rule is to ensure safety of participants, 
spectators, support and transiting vessels during the inbound and 
outbound transits.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
13, 2017. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a temporary regulated area during the inbound 
and outbound transit of the tall sailing ships participating in the 
Festival of Sail to be held on the waters of Coos Bay. The regulated 
area will be 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 participants, spectators, 
support and transiting vessels, during the tall ships' inbound and 
outbound transits. No vessel or person would be permitted to enter the 
regulated area without obtaining permission from the patrol commander 
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 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 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 the fact 
that the patrol commander may allow waterway users to enter or transit 
through the zone when deemed safe to do so. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
to notify mariners about the regulated area.

B. Impact on Small Entities

    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. 
Executive Order 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, 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).
    While some owners or operators of vessels intending to transit the 
regulated area 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.

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

[[Page 25962]]

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 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. This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.1D. A Record of 
Environmental Consideration 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 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
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:


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 PATCOM. The PATCOM 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: May 31, 2017.
B.C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Coast Guard Thirteenth 
District.
[FR Doc. 2017-11634 Filed 6-5-17; 8:45 am]
 BILLING CODE 9110-04-P