[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21495-21498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09368]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100 and 165
[Docket Number USCG-2017-0224]
RIN 1625-AA08, AA00
Special Local Regulations; Safety Zones; Recurring Marine Events
in Sector Columbia River
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special local
regulation in the Coast Guard Captain of the Port Columbia River Zone
for recurring marine events. During the recurring events, these
regulated areas would be activated and would restrict vessels from
portions of the waterway. These events were previously published as
safety zones, temporary safety zones or individual regulated areas and
have been revised and consolidated into a single as special local
regulation in order to expedite public notification of events and
ensure the protection of the maritime public from hazards associated
with the annual events. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 8, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0224 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 on this rule,
call or email LCDR Laura Springer, 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
Swim events and marine events are held on an recurring basis on the
navigable waters within the Coast Guard COTP Columbia River Zone. In
the past, the Coast Guard established special local regulations with
regulated areas and safety zones for these recurring events on a case
by case basis to ensure the protection of the maritime public and event
participants from the hazards associated with these events. The Coast
Guard has not received public comments or concerns regarding the impact
to waterway traffic from these annually recurring events.
This proposed rule would consistently apprise the public in a
timely manner through permanent publication in Title 33 of the Code of
Federal Regulations. The table in this proposed rule would list each
annual recurring event requiring a regulated area as administered by
the Coast Guard.
By establishing permanent regulations containing these events the
Coast Guard would eliminate the need to establish temporary rules for
events that occur on an annual basis and thereby limit the costs
associated with cumulative regulations.
This rulemaking would remove, add, and consolidate regulations to
better meet the Coast Guard's intended purpose of ensuring safety
during these events. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1231 and 1233.
III. Discussion of Proposed Rule
The Coast Guard proposes to revise and rename 33 CFR 100.1302 to
cover marine events within the Captain of the Port Zone Columbia River.
We also propose to remove Sec. Sec. 100.1303 (Annual Kennewick,
Washington, Columbia Unlimited Hydroplane Races), 100.1305 (Richland,
Washington, west coast outboard championship hydro races), 165.1341
(Portland Dragon Boat Races, Portland, OR), and 165.1342 (Annual Roy
Webster Cross-Channel Swim, Columbia River, Hood River, OR).
These proposed changes will convert two existing safety zones
(those currently in Sec. Sec. 165.1341 and 165.1342) and temporary
safety zones established annually for four events (The Big Float, Swim
the Snake, Richland Regatta, and Columbia Crossing) into regulated
areas in Sec. 100.1302. This is intended to consolidate and simplify
our existing special local regulations. We are removing the West Coast
Outboard Championship Hydro races regulations in Sec. 100.1305 because
that race has not been held for a number of years.
By establishing a single permanent regulation containing these
events, the Coast Guard will eliminate the need to establish temporary
rules for events that occur on an annual basis. This provides
opportunity for the public to comment while limiting the unnecessary
burden of continually establishing temporary rules every year.
Additionally, this rule proposes to reorganize and consolidate
existing Sector Columbia River COTP Zone marine event regulations in 33
CFR part 100 and marine event safety zones under 33 CFR part 165. This
action will eliminate the burden and confusion caused by the current
configuration of numerous individual regulations spread across two CFR
parts.
As large numbers of spectator vessels and marine traffic are
expected to congregate around the event location, the regulated areas
are needed to protect both spectators and participants from the safety
hazards associated with the event. During the enforcement period of the
regulated areas, persons and vessels would be prohibited from entering,
transiting through, remaining, anchoring or mooring within the zone
unless specifically authorized by the COTP or the designated
representative. The Coast Guard may be assisted by other Federal,
[[Page 21496]]
State and local agencies in the enforcement of these regulated areas.
These events are listed below in the text of the regulation.
Certain special local regulations are listed without known dates or
times. Coast Guard Sector Columbia River will cause notice of the
enforcement of these regulated areas to be made by all appropriate
means to affect the widest publicity among the effected segments of the
public, including publication in the Federal Register, Local Notice to
Mariners and Broadcast Notice to Mariners.
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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The Coast Guard has previously promulgated special local
regulations or safety zones, in 33 CFR parts 100 and 165, for all event
areas contained within this proposed regulation and has not received
notice of any negative impact caused by any of the safety zones or
special local regulations. By establishing a permanent regulation
containing all of these events, the Coast Guard will eliminate the need
to establish individual temporary rules for each separate event that
occurs on an annual basis, thereby limiting the costs of cumulative
regulations.
Vessels will only be restricted from special local regulation areas
for a short duration of time. Vessels may transit in portions of the
affected waterway except for those areas covered by the proposed
regulated areas. Notifications of exact dates and times of the
enforcement period will be made through notices of enforcements
published in the Federal Register. In addition, we will inform the
local maritime community via the Local Notice to Mariners, Broadcast
Notice to Mariners, or both. No new or additional restrictions would be
imposed on vessel traffic.
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
regulated areas 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 regulated
areas for swim events and other marine events. Normally such actions
are categorically excluded from further review under paragraph 34(h) 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.
[[Page 21497]]
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 100 and Part 165
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Harbors, Security measures.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Revise Sec. 100.1302 to read as follows:
Sec. 100.1302 Special Local Regulations; Marine Events Within the
Captain of the Port Zone Columbia River.
This section applies to the marine events listed in Table 1 of this
section. The regulations in this section will be enforced for the
duration of each event, on or about the dates indicated in Table 1 of
this section. Annual notice of the exact dates and times of the
effective period of the regulations in this section with respect to
each event, the geographical description of each regulated area, and
details concerning the nature of the event and the number of
participants and type(s) of vessels involved will be provided to the
local maritime community through the Local Notice to Mariners,
Broadcast Notice to Mariners, or both, well in advance of the events.
If the event does not have a date listed, then the exact dates and
times of the enforcement will be announced through a Notice of
Enforcement in the Federal Register. Mariners should consult the
Federal Register or their LNM to remain apprised of minor schedule or
event changes. Thirteenth Coast Guard District LNM can be found at:
http://www.navcen.uscg.gov/. The application requirements of Sec.
100.15 apply to all marine events listed in the Table of this section.
(a) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander (PATCOM). PATCOM may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.''
Official patrol vessels may consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the Captain of the Port, Sector Columbia River.
(b) PATCOM may control the movement of all vessels in the regulated
area. When hailed or signaled by an official patrol vessel, a vessel
shall come to an immediate stop and comply with the lawful directions
issued. Failure to comply with a lawful direction may result in
expulsion from the area, citation for failure to comply, or both.
(c) PATCOM may delay or terminate any marine event in this subpart
at any time it is deemed necessary to ensure the safety of life or
property. Such action may be justified as a result of weather, traffic
density, spectator operation or participant behavior.
(d) Vessels may not transit the regulated areas without PATCOM
approval. Vessels permitted to transit must operate at a no wake speed,
in a manner which will not endanger participants or other crafts in the
event.
(e) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through LNM, unless authorized by an official patrol
vessel.
Table 1
[All coordinates listed in the Table reference Datum NAD 1983]
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No./Date Event Sponsor Location
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1. First or second weekend in June. Rose Fest Dragon Boat Portland-Kaohsiung Portland, OR. Regulated
Races. Sister Association. area includes all waters
of the Willamette River
shore to shore, bordered
on the north by the
Hawthorne Bridge, and on
the south by the Marquam
Bridge.
2. One day in May or June.......... Spring Testing Tri-Cities Water Kennewick, WA. Regulated
Hydroplane races. Follies Association. area includes 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.
3. Second weekend in June.......... Richland Regatta Northwest Power Boat Richland, WA. Regulated
Hydroplane races. Association. area includes all
navigable waters of the
Columbia River in the
vicinity of Howard Amon
Park, between River Miles
337 and 338.
[[Page 21498]]
4. Last Tuesday through Sunday in Kennewick Hydroplane Tri-Cities Water Kennewick, WA. Regulated
July. Races. Follies Association. area includesall 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.
5. One Saturday in July............ The Big Float, group Human Access Project.. Portland, OR. Regulated
inner-tube float. area includes all
navigable waters of the
Willamette River, in
Portland, Oregon, enclosed
by the Hawthorne Bridge,
the Marquam Bridge, and
west of a line beginning
at the Hawthorne Bridge at
approximate location
45[deg]30'50'' N.;
122[deg]40'21'' W., and
running south to the
Marquam Bridge at
approximate location
45[deg]30'27'' N.;
122[deg]40'11'' W.
6. Second Saturday in August....... Swim the Snake........ Blue Mountain Resource Perry, WA. Regulated area
Conservation and includes all navigable
Development. waters, bank-to-bank of
the Snake River, 500 yards
upstream and 500 yards
downstream from the
Washington State Highway
261 Bridge at the
approximate position of
46[deg]35'23'' N.;
118[deg]13'10'' W.
7. Annually on Labor Day........... Roy Webster Cross Hood River County Hood River, OR. Regulated
Channel Swim. Chamber of Commerce. area includes all waters
of the Columbia River
between River Mile 169 and
River Mile 170.
8. First or second weekend in Portland Dragon Boat DragonSports USA...... Portland, OR. Regulated
September. Races. area includes the western
side of the Willamette
River extending from Tom
McCall Waterfront Park
between the Hawthorne and
Marquam Bridges, Portland,
OR: line one starting at
45-30'49'' N./122-40'24''
W. then heading east to 45-
30'49'' N./122-40'22'' W.
then heading south to 45-
30'29'' N./122-40'08'' W.
then heading west to 45-
30'26'' N./122-40'14'' W.
then heading north ending
at 45-30'49'' N./122-
40'24'' W.
9. First Saturday after Labor Day Columbia Crossing Swim 3 Rivers Road Runners. Pasco, WA. Regulated area
weekend. includes all navigable
waters, bank-to-bank of
the Columbia River in
Pasco, Washington, between
river mile 332 and river
mile 335.
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Sec. Sec. 100.1303 and 100.1305 [Removed]
0
3. Remove Sec. Sec. 100.1303 and 100.1305
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
4. 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; Department of Homeland Security Delegation No. 0170.1.
Sec. Sec. 165.1341 and 165.1342 [Removed]
0
5. Remove Sec. Sec. 165.1341 and 165.1342
Dated: April 21, 2017.
B.C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2017-09368 Filed 5-8-17; 8:45 am]
BILLING CODE 9110-04-P