[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41987-41989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17665]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1017]
RIN 1625-AA11
Regulated Navigation Areas; Bars Along the Coasts of Oregon and
Washington; Amendment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is making a change to the Regulated Navigation
Area (RNA) covering the Umpqua River Bar in Oregon so that it does not
include those waters between ``Navigation Aid Number 8'' and
``Navigation Aid Number 6'' on the Umpqua River. The change has been
requested by a number of individuals and organizations that believe
they are able to safely use those waters when the bar is restricted or
closed.
DATES: This rule is effective August 19, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1017 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-1017 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail LT Kion Evans, Thirteenth Coast Guard District
Prevention Division; telephone 206-220-7232, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 12, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Areas; Bars Along the Coasts of
Oregon and Washington; Amendment'' in the Federal Register (75 FR
18449). We received one comment on the proposed rule. No public meeting
was requested and none was held.
Basis and Purpose
On November 17, 2009, the Coast Guard published a Final Rule
entitled ``Regulated Navigation Areas; Bars Along the Coasts of Oregon
and Washington'' in the Federal Register (74 FR 59098), which
established Regulated Navigation Areas (RNA) covering each of the
coastal bars in Oregon and Washington. Following implementation of the
rule, as codified at 33 CFR 165.1325, on December 17, 2009, the Coast
Guard began receiving feedback from a number of individuals and
organizations that use the waters near the Umpqua River Bar in Oregon
indicating that the RNA covering that bar, as defined in 33 CFR
165.1325(a)(12), is too large in that they believe they are able to
safely use the area between ``Navigation Aid Number 8'' and
``Navigation Aid Number 6'' in the Umpqua River when the bar is
restricted or closed.
In light of the public desires expressed, the possible economic
impact on the local community, and the Coast Guard's assessment that
mariners are, in most circumstances, able to safely operate between
``Navigation Aid Number 8'' and ``Navigation Aid Number 6'' on the
Umpqua River when the bar is restricted or closed, the Coast Guard is
changing the Umpqua River Bar RNA as defined in 33 CFR 165.1325(a)(12)
to allow such use without obtaining permission of the Captain of the
Port or his/her designated representatives.
Discussion of Comments and Changes
The one comment received on the proposed rule expressed concern
that the location of the RNA as described in the regulatory text did
not align with the description given in the preamble, specifically with
regards to ``Navigation Aid Number 6.'' The rule was changed to correct
that inconsistency.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this
determination based on the fact that this rule simply reduces the size
of an established Regulated Navigation Area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
[[Page 41988]]
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. This rule will affect those small entities that use the
waters near the Umpqua River Bar. The rule would not have a significant
economic impact on a substantial number of small entities, however,
because it simply reduces the size of an established Regulated
Navigation Area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the reduction in size of a
Regulated Navigation Area. Under figure 2-1, paragraph (34)(g), of the
Instruction, an environmental analysis checklist and a categorical
exclusion determination are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
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2. Amend Sec. 165.1325 by revising paragraph (a)(12) to read as
follows:
Sec. 165.1325 Regulated Navigation Areas; Bars Along the Coasts of
Oregon and Washington.
(a) * * *
[[Page 41989]]
(12) Umpqua River Bar, Oreg.: From a point on the shoreline at
43[deg]41'20'' N., 124[deg]11'58'' W. thence westward to 43[deg]41'20''
N., 124[deg]13'32'' W thence southward to 43[deg]38'35'' N.,
124[deg]14'25'' W. thence eastward to a point on the shoreline at
43[deg]38'35'' N., 124[deg]12'35'' W. thence northward along the
shoreline to the navigational light ``6'' located on the jetty at
43[deg]40'11'' N., 124[deg]11'56'' W. thence northward to a point on
the north bank of the entrance channel at 43[deg]40'33'' N.,
124[deg]11'56'' W. thence southwestward along the north bank of the
entrance channel thence northward along the seaward shoreline to the
beginning.
* * * * *
Dated: July 7, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-17665 Filed 7-19-10; 8:45 am]
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