Quiero saber acerca de...

54372

Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
III. Legal Authority and Need for Rule
A. Regulatory Planning and Review
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
previously 33 U.S.C. 1231. The COTP
has determined that potential hazards associated with construction project would be a safety concern for anyone within the designated area of the Columbia River Outfall Project. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone during the scheduled construction period.

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.
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.
This regulatory action determination is based on size, location, duration, and time-of-year of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a small designated area of the Columbia River during the construction project. Moreover, the Coast Guard would issue a Notice to Mariners about the zone, and the rule would allow vessels to seek permission to enter the zone.

IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published August 28, 2021. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from October 1, 2021, through March 15, 2022. The safety zone will cover all navigable waters of the Columbia River, surface to bottom, encompassed by a line connecting the following points beginning at the shoreline at 454357.0
N, 1224521.0 W, west to 454358.0
N, 1224533.0 W, south to 454339.0
N, 1224535.0 W, thence east to 454339.0 N, 1224521 W, and along the shoreline back to the beginning point. The duration of the zone is intended to ensure the safety of vessels and these navigable waters while the pipeline construction project is underway. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A
designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to act on his behalf, or a Federal, State, and local officer designated by or assisting the COTP in the enforcement of the safety zone.
Vessel operators desiring to enter or operate with the safety zone would contact the COTPs on-scene designated representative by calling 503 2092468
or the Sector Columbia River Command Center on Channel 16 VHFFM. Those in the safety zone would comply with all lawful orders or directions given to them by the COTP or the COTPs 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.

VerDate Sep<11>2014

16:40 Sep 30, 2021

Jkt 256001

B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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. 605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 call or email 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
PO 00000

Frm 00034

Fmt 4700

Sfmt 4700

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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247. 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. 35013520.
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.
E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 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 02301, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST

E:FRFM01OCR1.SGM

01OCR1