[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Rules and Regulations]
[Pages 17621-17623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08413]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0154]
RIN 1625-AA08


Special Local Regulation; USS PORTLAND Commissioning, Portland, 
OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated area for 
certain waters of the Willamette River. This action is necessary to 
provide for the safety of life on these navigable waters near Port of 
Portland Terminal 2, Portland, OR, during a naval vessel commissioning 
ceremony on April 14 through 23, 2018. This regulation prohibits 
persons and vessels from being in the regulated area unless authorized 
by the Captain of the Port Columbia River or a designated 
representative.

DATES: This rule is effective from 12:01 a.m. to 11:59 p.m. on April 
23, 2018. For the purposes of enforcement, actual notice will be used 
from 11:59 p.m. on April 14, 2018, until April 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0154 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; 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

    From April 14 through 23, 2018, the U.S. Navy will be conducting 
ceremonial activities for the commissioning of the USS PORTLAND. The 
commissioning activities will take place at the Port of Portland 
Terminal 2.
    In response, on March 21, 2018, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Special Local Regulation; USS 
PORTLAND Commissioning, Portland, OR'' (83 FR 12303). There we proposed 
to establish a regulated area extending approximately 500 yards on each 
side of the naval vessel on the Willamette River in Portland, OR during 
the commissioning ceremonies and invited comments on our proposed 
regulatory action related to this event. During the comment period that 
ended April 5, 2018, we received 3 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because it needs to be effective 
starting April 14, 2018 to ensure the safety of vessels and the 
navigable waters within the regulated area during the ceremonial 
activities and to prevent any disruption to the commissioning 
ceremonies.

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 (COTP) has 
determined that to provide for the safety of participants, spectators, 
support and transiting vessels, it is necessary to temporarily restrict 
vessel traffic from April 14 through 23, 2018. The purpose of this rule 
is to ensure the safety of vessels and the navigable waters within the 
regulated area, during, and after the scheduled event and to prevent 
any disruption to the commissioning ceremonies.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three comments on our NPRM published 
March 21, 2018 (83 FR 12303). The first comment was in support of the 
regulated area. The second comment was from a yacht club requesting 
clarification for transiting the regulated area. Vessels desiring to 
transit the regulated area will be able with approval from the patrol 
commander. This issue was addressed in the published proposed 
regulatory text. Procedures for transiting the area will also be 
published in the Local Notice to Mariners. The third comment was beyond 
the scope of this rulemaking. We made no changes in the regulatory text 
from what we proposed in the NPRM.
    This rule establishes a regulated area from 11:59 p.m. on April 14, 
2018, to 11:59 p.m. on April 23, 2018. The

[[Page 17622]]

regulated area will cover navigable waters at Port of Portland Terminal 
2 on the Willamette River. Specifically, the navigable waters bounded 
by the following points: 45[deg]33.34' N, 122[deg] 42.34' W; 
45[deg]33.12' N, 122[deg]42.51' W; 45[deg]32.71' N, 122[deg]41.37' W; 
and 45[deg]32.58' N, 122[deg]41.54' W. The duration of the regulated 
area is intended to ensure the safety of vessels, bystanders, and the 
navigable waters and to prevent any disruption of the events associated 
with the commissioning ceremony of the USS PORTLAND. The Coast Guard, 
at its discretion, would allow the passage of affected vessels. But no 
vessel or person will be permitted to enter the regulated area without 
obtaining permission from the COTP 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the regulated area. Although this proposal 
would prevent traffic from transiting portions of the Willamette River, 
the effect of this regulation would not be significant due to the 
limited duration that the regulated area would be in effect and would 
allow waterway users to enter or transit through the area 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 and 
publish information in the Local Notice to Mariners 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 operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. 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 
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 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 
Directive 023-01, which guides 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 regulated area lasting less 
than 10 days that would limit entry within approximately 500 yards of 
the USS PORTLAND. It is categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Memorandum for Record supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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

[[Page 17623]]

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; 33 CFR 1.05-1.


0
2. Add Sec.  100.T13-0154 to read as follows:


Sec.  100.T13-0154   Special Local Regulations; USS PORTLAND 
Commissioning, Portland, OR.

    (a) Regulated area. The following area is designated as a regulated 
area: All navigable waters of the Willamette River within 500 yards of 
the USS PORTLAND while moored at the Port of Portland Terminal 2, 
specifically the navigable waters bounded by the following points: 
45[deg]33.34' N, 122[deg]42.34' W; 45[deg]33.12' N, 122[deg]42.51' W; 
45[deg]32.71' N, 122[deg]41.37' W; and 45[deg]32.58' N, 122[deg]41.54' 
W.
    (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 must 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 must 
maintain a separation of at least 100 yards away from the USS PORTLAND.
    (c) Enforcement period. This regulated area is subject to 
enforcement from 11:59 p.m. on April 14, 2018 to 11:59 p.m. on April 
23, 2018.

    Dated: April 11, 2018.
D.G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-08413 Filed 4-20-18; 8:45 am]
 BILLING CODE 9110-04-P