[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35617-35619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13201]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0385]
RIN 1625-AA08
Special Local Regulation; Tri-City Water Follies Spring Testing,
Kennewick, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule; request for comments.
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SUMMARY: The Coast Guard is establishing a Special Local Regulation for
all navigable waters within the Columbia River in the vicinity of
Columbia Park, commencing at the Interstate 395 Bridge and continuing
up river approximately 2.0 miles and terminating at the northern end of
Wade Island, during the Tri-City Water Follies Spring Testing event.
The special local regulation is needed to protect personnel, vessels,
and the marine environment from potential hazards created by high-speed
watercraft. Entry of vessels or persons into this area is prohibited
unless specifically authorized by the Captain of the Port Columbia
River or his designated representative.
DATES: This rule is effective from June 3, 2016 through June 10, 2016
at 6 p.m. This rule will be enforced from June 10, 2016 at 7 a.m.
through June 10, 2016 at 6 p.m. Comments and related material must be
received by the Coast Guard on or before July 5, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0385 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may submit
comments identified by docket number USCG-2016-0385 using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion of the
[[Page 35618]]
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Kenneth Lawrenson, Waterways Management Division,
Marine Safety Unit Portland, 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
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a Notice of Proposed Rulemaking (NPRM)
with respect to this rule because to do so would be impracticable. The
NPRM process would be contrary to public interest in this situation due
to the extremely hazardous conditions this event could potentially pose
if held without an enforceable special local regulation area.
Furthermore, the event staff submitted the application for marine event
on March 18, 2016, limiting the Coast Guard to two months to complete
an NPRM and full comment period, which is the main factor in our
decision to forego the NPRM process.
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. Delaying the effective
date until 30 days after publication would be impracticable, for the
reasons stated above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Columbia River (COTP) has determined that
potential hazards associated with high-speed watercraft will be a
safety concern for anyone within Columbia River mile 330 and 332 during
the event hours. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the special local
regulation area during the event hours.
IV. Discussion of the Rule
This rule establishes a special local regulation area from 7 a.m.
to 6 p.m. on June 10, 2016. The special local regulation area will
cover all navigable waters within the Columbia River in the vicinity of
Columbia Park, commencing at the Interstate 395 Bridge and continuing
up river approximately 2.0 miles and terminating at the northern end of
Wade Island. The duration of the special local regulation area is
intended to protect personnel, vessels, and the marine environment in
these navigable waters for the entirety of the Tri-City Water Follies
Spring Testing event. No vessel or person will be permitted to enter
the special local regulation area specified in this rule without
obtaining permission from the COTP or a 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.
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 size,
location, and duration. The special local regulation for the Tri-City
Water Follies Test event will only be effective from 7 a.m. to 6 p.m.
on the date of the test event. Furthermore, the Tri-City Water Follies
Test event is directly related to the main Tri-City Water Follies
Hydroplane racing event which has occurred annually for the last 50
years and is extremely well received in the Kennewick-Pasco-Richland
metropolitan area. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the special local
regulation area and the rule allows vessels to seek permission from the
COTP or his designated representative to enter the area.
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 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 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 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).
[[Page 35619]]
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 above.
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 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 have 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 Special Local Regulation for a limited access area
lasting less than 12 hours that will prohibit vessels from entering an
area encompassing Columbia River mile 330 and 332 unless given
permission to do so by the Captain of the Port Columbia River or his
designated representative. It is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T13-0385 to read as follows:
Sec. 100.T13-0385 Special Local Regulation; Tri-City Water Follies
Spring Testing, Kennewick, WA.
(a) Regulated area. The following is designated as a special local
regulation area:
(1) Location. The special local regulation area covered by this
rule will cover all navigable waters within the Columbia River in the
vicinity of Columbia Park, commencing at the Interstate 395 Bridge and
continuing up river approximately 2.0 miles and terminating at the
northern end of Wade Island.
(2) Enforcement period. This special local regulation area is in
effect on June 10, 2016 from 7 a.m. to 6 p.m. The rule will be enforced
for the duration of the Tri-City Water Follies Spring Testing event.
The Coast Guard will inform mariners of any change to this period of
enforcement via Broadcast Notice to Mariners.
(b) Regulations. In accordance with the general regulations in 33
CFR part 100, to enter, transit through, anchor in, or remain within
the special local regulation area is prohibited unless permission has
been authorized by the Captain of the Port or his designated
representative.
(1) The following applies to the special local regulation area
identified in paragraph (a)(1) of this section.
(i) This special local regulation area is designed to restrict
vessel traffic, including all non-motorized vessels, except as may be
permitted by the Captain of the Port Columbia River or his designated
representative.
(ii) Within this area all vessels will transit at the minimum speed
necessary to maintain headway without creating a wake.
(iii) A succession of sharp, short signals by whistle, siren, or
horn from vessels patrolling the area under the direction of the U.S.
Coast Guard Patrol Commander shall serve as a signal to stop. Vessels
signaled shall stop and shall comply with the orders of the patrol
vessel personnel; failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(2) [Reserved]
(c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer or
Washington Law Enforcement Officer may enforce the rules contained in
this section pursuant to 46 U.S.C. 70118. In addition, the Captain of
the Port may be assisted by other federal, state, or local agencies in
enforcing this section.
Dated: May 25, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-13201 Filed 6-2-16; 8:45 am]
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