[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20132-20133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11236]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD13-96-012]
RIN 2115-AE46


Special Local Regulations; Annual Kennewick, Washington, Columbia 
Unlimited Hydroplane Races

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: By this direct final rule, the Coast Guard is permanently 
amending a special local regulation governing general navigation and 
anchorage in the vicinity of the Annual Kennewick, Washington, Columbia 
Unlimited Hydroplane Races. Changes made to this regulation will 
clarify its annual effective date and will revise the boundaries of the 
regulated area. This change is intended to better inform the boating 
public and to improve the level of safety at this event.

DATES: This rule is effective on July 22, 1996, unless the Coast Guard 
receives written adverse comments or written notice of intent to submit 
adverse comments on or before June 20, 1996.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Portland, 
6767 N. Basin Ave., Portland, OR 97217-3992. The comments and other 
materials referenced in this notice will be available for inspection 
and copying at the above address in the St. Helens Building, Waterways 
Management Section. Normal office hours are between 7 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. Comments may also be 
hand-delivered at this address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) C.A. Roskam, Waterways Management Section, 
U.S. Coast Guard MSO/Group Portland, OR (Telephone: (503) 240-9327).

SUPPLEMENTARY INFORMATION:

Request for Comments

    Any comments must identify the name and address of the person 
submitting the comment, specify the rulemaking docket (CGD13-96-012) 
and the specific section of this rule to which each comment applies, 
and give the reason for each specific comment. Please submit two copies 
of all comments and attachments in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose 
stamped, self-addressed postcards or envelopes.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no adverse comments 
are anticipated. If no adverse comments or any written notice of intent 
to submit adverse comment are received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, approximately 30 days prior to the effective date, the 
Coast Guard will publish a notice in the Federal Register stating that 
no adverse comment was received and confirming that this rule will 
become effective as scheduled. However, if the Coast Guard receives 
written adverse comment or written notice of intent to submit adverse 
comment, the Coast Guard will publish a notice in the final rule 
section of the Federal Register to announce withdrawal of all or part 
of this direct final rule. If adverse comments apply to only part of 
this rule, and it is possible to remove that part without defeating the 
purpose of this rule, the Coast Guard may adopt as final those parts of 
this rule on which no adverse comments were received. The part of this 
rule that was the subject of adverse comment will be withdrawn. If the 
Coast Guard decides to proceed with a rulemaking following receipt of 
adverse comments, a separate Notice of Proposed Rulemaking (NPRM) will 
be published a new opportunity for comment provided.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

Background and Purpose

    Each year, during the last week in July, the Annual Kennewick, 
Washington, Columbia Unlimited Hydroplane Races are held on the waters 
of the Columbia River between the western end of Hydro Island and the 
western end of Clover Island. Under current Coast Guard regulations, 33 
CFR 100.1303, a special local regulation is established each year 
during the event to provide for public safety by controlling the 
movement of spectators and participants in the area of the race course.
    The current regulations do not clearly state the days and times 
each year when the become effective. In years past, the Coast Guard has 
published a notice of implementation in the Federal Register in order 
to clearly announce the effective dates and times of the regulations 
for a given year. This direct final rule will permanently amend 33 CFR 
100.1303, making the regulation effective each year on the last Tuesday 
through Sunday in July from 8:30 a.m. local time until the last race is 
completed each day at approximately 7:30 p.m. local time.
    In recent years, the number of recreational vessels transiting the 
area near the race course and the number of spectator craft anchoring 
in the vicinity of the race course has greatly increased. The majority 
of the recreational vessels drawn to this event congregate in the 
vicinity of the upstream end of the race course. Often, spectator craft 
anchoring upstream of the race course break free of their anchorage and 
drift downstream onto the race course, endangering both themselves and 
race participants.
    To promote the safety of spectators and participants, the 
boundaries of the regulated navigation area created by this special 
local regulation are being revised. This revision will move the upriver 
boundary an additional 400 yards upriver. This change is intended to 
increase the distance between the upriver boundary of the regulated 
area and the race course, therefore decreasing the likelihood that 
spectator boats will drift downriver into the course. At the same time 
the downriver boundary of the regulated area will be moved upriver and 
additional 1,000 yards. This change is intended to decrease the 
distance between the downriver boundary of the regulated area and the 
race course, therefore encouraging spectators to observe the race from 
the downriver side where there is little danger of drifting into the 
course.

Discussion of Rules

    The Coast Guard is permanently amending 33 CFR 100.1303--Annual 
Kennewick, Washington, Columbia Unlimited Hydroplane Races.

[[Page 20133]]

    The annual effective dates and times of the regulation are amended 
so that the regulation becomes effective each year on the last Tuesday 
through Sunday in July from 8:30 a.m. local time until the last race is 
completed each day at approximately 7:30 p.m. local time.
    The boundaries of the regulated navigation area created by these 
regulations are also amended. The boundaries of the current regulated 
area, as defined in this section, include all waters of the Columbia 
River from the western end of Hydro Island to the western end of Clover 
Island at Kennewick, Washington. This amendment will change the 
boundaries of this regulated area to include all waters of the Columbia 
River between a point 400 yards upriver of Hydro Island and a point 
1,000 yards upriver of Clover Island. As amended, the regulated area 
created by this regulation will include all waters of the Columbia 
River bounded by two lines drawn from shore to shore. The first line 
will run between position latitude 46 deg.14'07'' N, longitude 
119 deg.10'42'' W and position latitude 46 deg.13'42'' N, longitude 
119 deg.10'51'' W. The second line will run between position latitude 
46 deg.13'35'' N, longitude 119 deg.07'34'' W and position latitude 
46 deg.13'10'' N, longitude 119 deg.07'47'' W. Within these boundaries, 
general navigation and anchorage will be restricted by this regulation 
during the hours it is in effect. This change is intended to encourage 
spectator craft to anchor downriver of the race course, which would 
greatly reduce the number of vessels congregating upriver of the race 
course and reduce the risk of vessels floating downriver onto the race 
course. It is also intended to reduce the number of recreational 
vessels transiting from one end of the race course to the other before 
and after the race, thus reducing congestion in the vicinity of the 
event.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
This conclusion is based on the fact that only minor changes are being 
made to the regulations and that the changes made reduce the area 
affected by approximately one half mile.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    The regulated navigation area created by this section is being 
reduced by this direct final rule. Moreover, vessels desiring to 
transit this area of the Columbia River may do so by scheduling their 
trips in the evening when the restrictions on general navigation 
imposed by this section will not be in effect. For these reasons, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this change will not 
have a significant economic impact on a substantial number of small 
entities.

Collection-of-Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e.34(h) of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--[AMENDED]

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. Section 100.1303 is amended by revising paragraphs (a) and (b) 
as follows:


Sec. 100.1303  Annual Kennewick, Washington, Columbia Unlimited 
Hydroplane Races.

    (a) This regulation is effective each year on the last Tuesday 
through Sunday in July from 8:30 a.m. local time until the last race is 
completed each day at approximately 7:30 p.m. local time, unless sooner 
terminated by the Patrol Commander.
    (b) The Coast Guard will restrict general navigation and anchorage 
by this regulation during the hours it is in effect on all waters of 
the Columbia River bounded by two lines drawn from shore to shore; the 
first line running between position latitude 46 deg.14'07'' N, 
longitude 119 deg.10'42'' W and position latitude 46 deg.13'42'' N, 
longitude 119 deg.10'51'' W; and the second line running between 
position latitude 46 deg.13'35'' N, longitude 119 deg.07'34'' W and 
position latitude 46 deg.13'10'' N, longitude 119 deg.07'47'' W. 
[Datum: NAD 83]
* * * * *
    Dated: April 25, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard District Commander.
[FR Doc. 96-11236 Filed 5-3-96; 8:45 am]
BILLING CODE 4910-14-M