[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Proposed Rules]
[Pages 30503-30505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11515]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0370]
RIN 1625-AA00
Safety Zone; Annual Roy Webster Cross-Channel Swim, Columbia
River, Hood River, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone on the
Columbia River in Hood River, OR. This action is necessary to help
ensure the safety of the maritime public during a cross-channel
swimming event and would do so by prohibiting unauthorized persons and
vessels from entering the safety zone unless authorized by the Sector
Columbia River Captain of the Port 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 June 16, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0370 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 Ken Lawrenson, Waterways Management
Division, Marine Safety Unit Portland, 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
The Roy Webster Cross-Channel Swim is an annual event that has been
occuring for the last 74 years on the Columbia River in the vicinity of
Hood River, OR. Registered participants attend the event on Labor Day
each year and are ferried across the Columbia River from the Hood River
Marina to the Washington shore to start the event. From there the
swimmers jump off the ferry and swim back across the river, following a
swim lane that is lined with volunteers in sailboats, kayaks and
paddleboards. Approximately 300 swimmers participate in this event
annually.
The Captain of the Port, Columbia River (COTP) has determined that
potential hazards associated with cross-channel swims could be a safety
concern for the event participants, any other mariners transiting the
area during the event hours, and a potential threat to the marine
environment.
The purpose of this rulemaking is to ensure the safety of event
participants, the marine environment and the protection of the
navigable waterway during the scheduled event. The Coast
[[Page 30504]]
Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone on Labor Day of each
year between 6 a.m. and noon. As the event consists of swimmers
crossing the navigable channel, the Coast Guard feels that it would be
necessary to establish a safety zone that would cover all waters of the
Columbia River between river mile 169 and river mile 170. Vessels
needing to transit through the safety zone during the event would be
permitted to enter the safety zone only by obtaining permission from
the COTP or a designated representative. The regulatory text the Coast
Guard is 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 size,
location, short duration, and the event's long history. Commercial
vessel traffic would be able to transit the area with permission from
the COTP 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 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 lasting approximately six hours that would prohibit entry within a
specified section of the Columbia River in the vicinity of Hood River,
OR. Normally such actions are categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary environmental analysis checklist and
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. 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.
[[Page 30505]]
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 part 165 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, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.1342 to read as follows:
Sec. 165.1342 Annual Roy Webster Cross-Channel Swim, Columbia River,
Hood River, OR.
(a) Regulated area. The following regulated area is a safety zone.
The safety zone will encompass all waters of the Columbia River between
River Mile 169 and River Mile 170.
(b) Definition. As used in this section--
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.
Non-participant person means a person not registered as a swimmer
in the Roy Webster Cross-Channel Swim held on the Columbia River in the
vicinity of Hood River, OR, each Labor Day.
(c) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, 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.
(1) 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 persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Sector Columbia River or a designated representative.
(2) The Coast Guard will provide notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
(d) Enforcement period. This safety zone will be enforced on Labor
Day of each year, between the hours of 6 a.m. and Noon.
Dated: May 9, 2016.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2016-11515 Filed 5-16-16; 8:45 am]
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