[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31903-31906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14512]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 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: Final rule.
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SUMMARY: The Coast Guard is establishing 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.
DATES: This rule is effective July 11, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://
[[Page 31904]]
www.regulations.gov, type USCG-2017-0244 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 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 Information and Regulatory History
The Coast Guard is establishing a new special local regulation for
nine recurring marine events in the Sector Columbia River. On May 9,
2017, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled, ``Special Local Regulations; Safety Zones; Recurring Marine
Events in Sector Columbia River'' (82 FR 21495). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to the regulated areas. During the comment period that ended
June 8, 2017, 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 The Big Float
marine event occurring on July 15, 2017. This event was previously
covered under a Temporary Final Rule. Delaying this rule would be
impracticable due to the date of the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Columbia River has determined that
large numbers of spectator vessels and marine traffic are expected to
congregate around these event locations, and regulated areas are needed
to protect both spectators and participants from the safety hazards
associated with the event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
9, 2017. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
The Coast Guard is revising and renaming 33 CFR 100.1302 to cover
marine events within the Captain of the Port Zone Columbia River and
removing 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 changes 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 will consolidate and simplify our existing special local
regulations.
Additionally, this rule reorganizes and consolidates 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
eliminates 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, 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.
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
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated areas. 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 received no comments
[[Page 31905]]
from the Small Business Administration on this rulemaking. 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
regulated areas 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).
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 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 regulated areas for swim events and other marine events.
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 Parts 100 and 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Harbors, Security measures.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 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. [thinsp]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
[[Page 31906]]
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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Number Date Event Sponsor Location
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1............... First or second Rose Fest Dragon Portland-Kaohsiung Portland, OR. Regulated area
weekend in June. Boat Races. Sister includes all waters of the
Association. 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 Spring Testing Tri-Cities Water Kennewick, WA. Regulated area
June. Hydroplane races. Follies includes all navigable waters
Association. 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 Richland Regatta Northwest Power Richland, WA. Regulated area
June. Hydroplane races. Boat Association. includes all navigable waters of
the Columbia River in the
vicinity of Howard Amon Park,
between River Miles 337 and 338.
4............... Last Tuesday Kennewick Tri-Cities Water Kennewick, WA. Regulated area
through Sunday in Hydroplane Races. Follies includes all navigable waters
July. Association. 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 The Big Float, Human Access Portland, OR. Regulated area
July. group inner-tube Project. includes all navigable waters of
float. 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 Swim the Snake.... Blue Mountain Perry, WA. Regulated area
August. Resource includes all navigable waters,
Conservation and bank-to-bank of the Snake River,
Development. 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 Roy Webster Cross Hood River County Hood River, OR. Regulated area
Day. Channel Swim. Chamber of includes all waters of the
Commerce. Columbia River between River
Mile 169 and River Mile 170.
8............... First or second Portland Dragon DragonSports USA.. Portland, OR. Regulated area
weekend in Boat Races. includes the western side of the
September. 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 Columbia Crossing 3 Rivers Road Pasco, WA. Regulated area
after Labor Day Swim. Runners. includes all navigable waters,
weekend. 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, and 160.5; Department of Homeland Security Delegation No.
0170.1.
Sec. Sec. 165.1341 and 165.1342 [Removed]
0
5. Remove Sec. Sec. [thinsp]165.1341 and 165.1342.
Dated: June 28, 2017.
B.C. Mcpherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2017-14512 Filed 7-10-17; 8:45 am]
BILLING CODE 9110-04-P