
[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 
msupdxwwm@uscg.mil.

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]
 BILLING CODE 9110-04-P


