Safety Zone; Columbia River, Bonneville, OR
| Citation | 84 FR 49194 |
| Record Number | 2019-20164 |
| Published date | 19 September 2019 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 182 (Thursday, September 19, 2019)
[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Rules and Regulations]
[Pages 49194-49195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20164]
[[Page 49194]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0781]
RIN 1625-AA00
Safety Zone; Columbia River, Bonneville, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Columbia River between river mile 142 and 143
in vicinity of Bonneville, Oregon. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by salvage operations of the tug DIANE. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Columbia River.
DATES: This rule is effective without actual notice from 9:00 a.m.
until 11:59 p.m. on September 19, 2019. For the purposes of
enforcement, actual notice will be used from September 13, 2019 until
8:59 a.m. on September 19, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0781 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 Dixon Whitley, 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 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 to do so would be impracticable and
delayed promulgation may result in injury or damage to the maritime
public and/or the marine environment on the Columbia River due to the
safety hazards associated with associated diving and vessel recovery
operations.
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 immediate action is needed to
respond to the potential safety hazards associated with diving, and
vessel recovery operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Columbia
River (COTP) has determined that potential hazards associated with
diving and vessel recovery operations will be a safety concern for
anyone transiting between Columbia River Mile 142 and 143 in vicinity
of Bonneville, Oregon. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while salvage operations are occurring.
IV. Discussion of the Rule
This rule establishes a safety zone from September 13, 2019 through
September 19, 2019. The safety zone will cover all navigable waters on
the Columbia River between river mile 142 and 143. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while salvage operations are
occurring. Due to the unpredictable and potentially dangerous nature of
diving and vessel recovery operations, the Coast Guard determined that
the best to way to ensure public safety is to exclude all non-related
vessel activity traffic around all vessels engaged in diving and vessel
recovery operations from the area. No vessel or person will be
permitted to enter the safety zone 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, duration, and time-of-year of the safety zone. The Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel
16 about the zone and the rule allows 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 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
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
[[Page 49195]]
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 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 safety zone lasting 7 days that will
prohibit vessel traffic to transit between Columbia River Mile 142 and
143 during diving and vessel recovery operations. It is categorically
excluded from further review under paragraph L60(c) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
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: 46 U.S.C. 70034, 70051; 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.T13-0781 to read as follows:
Sec. 165.T13-0781 Safety Zone; Columbia River, Tug Diane Salvage.
(a) Location. The following area is a safety zone: All navigable
waters of the Columbia River, Bonneville, OR from surface to bottom,
between river mile 142 and 143.
(b) Definitions. As used in this section, designated representative
means any Coast commissioned, warrant, or petty officer who has been
authorized by the Captain of the Port Columbia River (COTP) to act on
his behalf, or a Federal, State, and local officer designated by or
assisting the Captain of the Port Columbia River in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) Vessel operators desiring to enter or operate with the safety
zone may contact the COTP's on-scene designated representative by
calling (503) 209-2468 or the Sector Columbia River Command Center on
Channel 16 VHF-FM. Those in the safety zone must comply with all lawful
orders or directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This safety zone is in effect from
September 13, 2019 through September 19, 2019. It will be subject to
enforcement this entire period unless the Captain of the Port, Columbia
River determines it is no longer needed. The Coast Guard will inform
mariners of any change to this period of enforcement via Broadcast
Notice to Mariners.
Dated: September 12, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2019-20164 Filed 9-18-19; 8:45 am]
BILLING CODE 9110-04-P
