[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Proposed Rules]
[Pages 14998-15000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05880]
[[Page 14998]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0162]
RIN 1625-AA00
Safety Zone; Richland Regatta, Columbia River, Richland, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone for
certain waters of the Columbia River in the vicinity of Howard Amon
Park, Richland, WA, between River Miles 337 and 338, during a
hydroplane boat race from June 3, 2016, through June 5, 2016. This
action is necessary to provide for the safety of life on the navigable
waters during the event. This proposed rulemaking would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Sector Columbia River or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 20, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0162 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ken Lawrenson, Waterways
Management Division, MSU Portland, OR, 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, Purpose, and Legal Basis
On December 21, 2015, the Northwest Power Boat Association notified
the Coast Guard that it will be conducting a hydroplane boat race from
7 a.m. to 7 p.m. daily from June 3, 2016, through June 5, 2016, as part
of the Richland Regatta. The race will be held in the vicinity of
Howard Amon Park, Richland, WA, and poses significant dangers to the
maritime public including excessive noise, vessels racing at high
speeds in proximity to other vessels, and flying debris in the event of
an accident. The Captain of the Port Sector Columbia River (COTP) has
determined these potential hazards would be a safety concern for
maritime traffic.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during and after daily scheduled
races. The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to enforce a safety zone from 7 a.m. to 7 p.m.
daily from June 3, 2016, through June 5, 2016. The safety zone would
include all navigable waters of the Columbia River on all navigable
waters of the Columbia River between River Miles 337 and 338 in the
vicinity of oward Amon Park, Richland, WA. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled event. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the following
factors. The safety zone will only be effective for 12 hours daily over
a 3 day period, and while non-participant vessels will be unable to
enter, trainsit through, anchor in, or remain within the event area
without authorization from the Captain of the Port Sector Columbia
River or a designated representative, they may operate in the
surrounding areas during the enforcement period. Additionally, non-
participant vessels may still enter, transit through, anchor in, or
remain within the event area during the enforcement period if
authorized by the COTP Sector Columbia River or a designated
representative. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow 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
proposed rule would 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
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this
[[Page 14999]]
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a safety
zone that would be enforced from 7 a.m. to 7 p.m. daily from June 3,
2016, through June 5, 2016. The safety zone would cover navigable
waters of the Columbia River between River Miles 337 and 338 in the
vicinity of oward Amon Park, Richland, WA. Normally such actions are
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of Commandant Instruction M16475.lD. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T13-0162 to read as follows:
Sec. 165.T13-0162 Safety Zone; Richland Regatta, Columbia River,
Richland, WA.
(a) Regulated area. The following regulated area is a safety zone.
The safety zone will include all navigable waters of the Columbia River
in the vicinity of Howard Amon Park, Richland, WA, between River Miles
337 and 338.
(b) Definitions. (1) The term ``designated representative'' means
Coast Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Sector Columbia River in the enforcement of the
regulated area.
(2) The term ``Non-participant persons and vessels'' means a vessel
or person not participating in the event as a participant, spectator,
or event attendee.
(c) Regulations. (1) In accordance with the general regulations in
subpart C of this part, non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by Captain of the
Port Sector Columbia River or a designated representative.
(2) Non-participant persons and vessels may request authorization
to enter, transit through, anchor in, or remain within the regulated
area by contacting the Captain of the Port Sector Columbia River or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port Sector Columbia River or a
designated representative, all
[[Page 15000]]
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Sector Columbia River or a
designated representative.
(d) Enforcement period. This safety zone as described in paragraph
(a) of this section will be enforced from 7 a.m. to 7 p.m. each day
from June 3, 2016, through June 5, 2016.
Dated: March 4, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-05880 Filed 3-18-16; 8:45 am]
BILLING CODE 9110-04-P