[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35619-35621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13108]
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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: Temporary final rule.
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[[Page 35620]]
SUMMARY: The Coast Guard is establishing a temporary 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 hydroplane
boat races from June 3, 2016, through June 5, 2016. This action is
necessary to provide for the safety of life on the navigable waters of
the Columbia River during the event. This regulation prohibits persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port Sector Columbia River or a designated
representative.
DATES: This rule is effective from June 3, 2016, through June 5, 2016.
The rule will be enforced from 7 a.m. to 7 p.m. each day it is
effective.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0162 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 about this rule,
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 Information and Regulatory History
On December 21, 2015, the Northwest Power Boat Association notified
the Coast Guard that it will be conducting hydroplane boat races from 7
a.m. to 7 p.m. daily from June 3, 2016 through June 5, 2016, as part of
the Richland Regatta. The races will be held in the vicinity of Howard
Amon Park, Richland, WA. In response, on March 21, 2016, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Richland Regatta, Columbia River, Richland, WA (81 FR 14998).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this marine event. During the
comment period that ended April 20, 2016, we received no comments.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Due to delays in
processing this regulation, it would be impracticable to delay the
effective date until 30 days after publication, as this delay would
eliminate the safety zone's effectiveness and usefulness in preventing
the potential dangers to the public caused by the racing of vessels at
high speeds.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The Captain of the Port Columbia River (COTP) has
determined that potential hazards associated with the hydroplane races
on June 3, 2016, through June 5, 2016, will be a safety concern for all
waterway users on the Columbia River between River Miles 337 and 338
during the event. The hydroplane races pose 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 purpose of this rule is to ensure the safety of
vessels and the navigable waters before, during and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
21, 2016. 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 7 a.m. to 7 p.m. on June
3, 2016, through June 5, 2016. 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. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters during the scheduled hydroplane races. No vessel or person will
be permitted to enter, transit through, anchor in, or remain within the
regulated area unless authorized by Captain of the Port Sector Columbia
River or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize on 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 rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it 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 twelve hours daily
over a three day period, and while non-participant vessels will be
unable to enter, transit 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. The Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this 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
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
[[Page 35621]]
concerning its provisions or options for 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.
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
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 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 from 7 a.m. to 7 p.m. daily from June 3,
2016 through June 5, 2016. The safety zone would cover all navigable
waters of the Columbia River in the vicinity of Howard Amon Park,
Richland, WA. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. An
environmental analysis checklist supporting this determination and a
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
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.
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: 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 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 on
June 3, 2016, through June 5, 2016.
Dated: May 27, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-13108 Filed 6-2-16; 8:45 am]
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