[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30804-30806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10835]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0140]
RIN 1625-AA00


Safety Zone; Columbia River, Vancouver, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Columbia River. This action is necessary to 
provide for the safety of life on these navigable waters near 
Vancouver, WA during a high-speed hydroplane boat testing event on May 
20, 2022. This regulation prohibits persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Columbia 
River or a designated representative.

DATES: This rule is effective from 8:30 a.m. to 3:30 p.m. on May 20, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0140 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Sean Murphy, 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
COTP Captain of the Port Columbia River
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 January 19, 2022, the H1 Unlimited notified the Coast Guard that 
it will be conducting a hydroplane testing event from 9 a.m. to 3 p.m. 
on May 20, 2022. The hydroplane event will consist of individual 
testing of 10 hydroplane vessels in between the I-5 and I-205 bridges 
on the Columbia River. The Captain of the Port Columbia (COTP) has 
determined that potential hazards associated with the high-speed 
hydroplane boat testing would be a safety concern for anyone within the 
regulated area.
    In response, on March 30, 2022 the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Columbia River, 
Vancouver, WA (87 FR 18757). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
fireworks display. During the comment

[[Page 30805]]

period that ended May 2, 2022, we received two comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the high-speed 
hydroplane boat testing. The Coast Guard's limited notice of the 
parameters of the high-speed boat testing makes it necessary to 
expedite the effective date of this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Columbia River (COTP) has determined that the potential hazards 
associated with high-speed hydroplane boat testing would be a safety 
concern for anyone within the regulated area. The purpose of this rule 
is to ensure safety of vessels and the navigable waters in the safety 
zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published May 
30, 2022. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    One comment expressed concern that the waterway would be completely 
taken over for use by a private company. However, the safety zone only 
covers a specific duration of 7 hours for a single day. Vessels that 
need or want to enter the safety zone may seek permission from the COTP 
to do so. Another comment raises concerns about the environmental 
impact of the boat racing event itself, conflating the event and the 
safety zone. Due to the size and length of time the zone will be in 
effect, the safety zone will have a miminal expected impact on the 
environment.
    This rule establishes a safety zone from 8:30 a.m. to 3:30 p.m. on 
May 20, 2022. The safety zone covers all navigable waters of the 
Columbia River, from surface to bottom, starting approximately 700 
yards east of the I-5 bridge from shoreline to shoreline heading east 
for approximately 1.2 miles; specifically beginning at the shoreline at 
45[deg]36'40.7'' N, 122[deg]40'11.2'' W, northeast to 45[deg]37'08.7'' 
N, 122[deg]39'53.8'' W, southeast to 45[deg]36'41.3'' N, 
122[deg]38'32.0'' W, thence southwest to 45[deg]36'15.8'' N, 
122[deg]38'53.0'' W, and along the shoreline back to the beginning 
point. The duration of the safety zone is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
scheduled 9 a.m. to 3 p.m. high-speed hydroplane boat testing. No 
vessel or person is permitted to enter the safety zone 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and the duration of the safety zone. The safety zone will 
impact a 1.2 mile stretch of the Columbia River during the hydroplane 
boat testing for 7 hours and thus is limited in scope. The Coast Guard 
will issue a Broadcase Notice to Mariners via VHF-FM marine channel 16 
about the zone and the rule allows vessels to seek permission to enter.

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 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 
call or email 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.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires

[[Page 30806]]

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone lasting 7 hours that would prohibit entry within an 
approximate 1.2 miles of the Columbia River for the duration of a high-
speed hydroplane testing event. It is categorically excluded from 
further review under L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T13-0140 to read as follows:


Sec.  165.T13-0140   Safety Zone; Columbia River, Vancouver, WA

    (a) Location. The following area is a safety zone: All navigable 
waters of the Columbia River, from surface to bottom, starting 
approximately 700 yards east of the I-5 bridge from shoreline to 
shoreline heading east for approximately 1.2 miles; specifically 
beginning at the shoreline at 45[deg]36'40.7'' N, 122[deg]40'11.2'' W, 
northeast to 45[deg]37'08.7'' N, 122[deg]39'53.8'' W, southeast to 
45[deg]36'41.3'' N, 122[deg]38'32.0'' W, thence southwest to 
45[deg]36'15.8'' N, 122[deg]38'53.0'' W, and along the shoreline back 
to the beginning point.
    (b) Definitions. As used in this section:
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the COTP in the enforcement of the 
regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participant in the testing event.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling (503) 209-2468 or the Sector Columbia River 
Command Center on Channel 16 VHF-FM. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. until 3:30 p.m. on May 20, 2022. It will be subject to enforcement 
this entire period unless the COTP determines it is no longer needed, 
in which case the Coast Guard will inform mariners via Notice to 
Mariners.

    Dated: May 13, 2022.
G.M. Bailey,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector 
Columbia River.
[FR Doc. 2022-10835 Filed 5-19-22; 8:45 am]
BILLING CODE 9110-04-P


