[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Rules and Regulations]
[Pages 43516-43518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16645]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-04-034]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is restricting general navigation and 
anchorage on the Columbia River by establishing a special local 
regulation. The Captain of the Port, Portland, is taking this action to 
safeguard individuals from safety hazards associated with hydroplanes 
operating at a high rate of speed. Entry into the area established is 
prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective from 6 a.m. on July 23, 2004, until 9 
p.m. (P.d.t.) on July 25, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD 13-04-034] and are available for 
inspection or copying at the U.S. Coast Guard MSO/Group Portland, 6767 
N. Basin Ave, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Belen Audirsch, c/o Captain of 
the Port Portland, 6767 N. Basin Ave, Portland, OR 97217 at 503-240-
9320.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Publishing a NPRM would be contrary to public 
interest since immediate action is necessary to ensure the safety of 
vessels and spectators gathering in the vicinity of the hydroplane 
races. If normal notice and comment procedures were followed, this rule 
would not become effective until after the dates of the event. For this 
reason, following normal rulemaking procedures in this case would be 
impracticable and contrary to the public interest. A final rule was 
published establishing this special local regulation in 1985

[[Page 43517]]

(CGD13-85-06, 50 FR 25071). A direct final rule was published in 1996 
amending the rule published in 1985 to clarify the effective dates of 
the event and to revise the boundaries of the regulated area. This 
temporary final rule is required to again revise the size of the 
regulated area and to increase the length of time affected by the 
regulation.

Background and Purpose

    The Coast Guard is restricting general navigation and anchorage to 
allow for safe execution of the hydroplane races. This regulation will 
be enforced from 6 a.m. (P.d.t.) until 9 p.m. (P.d.t.) on July 23, 24, 
and 25, 2004. The restriction on general navigation and anchorage is 
necessary to protect spectators from hazards associated with 
hydroplanes operating at high rates of speed. This special local 
regulation will be enforced by representatives of the Captain of the 
Port, Portland, Oregon. The Captain of the Port may be assisted by 
other federal and local agencies.

Discussion of Rule

    This rule, for safety concerns, will control personnel and 
individual movements in a regulated area surrounding the Columbia Cup 
Unlimited Hydroplane Races. Entry into this zone is prohibited unless 
authorized by the Captain of the Port, Portland or his designated 
representative. Coast Guard personnel will enforce this special local 
regulation. The Captain of the Port may be assisted by other federal 
and local agencies.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security. The Coast Guard expects the economic impact of this rule to 
be so minimal that a full regulatory evaluation under the regulatory 
policies and procedures of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. The term ``small entities'' 
include 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit the designated area at the corresponding time as drafted in 
this rule. This special local regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. Traffic will be allowed to pass through the zone 
between race heats with the permission of the Captain of the Port or 
his designated representatives on scene, if safe to do so. Because the 
impacts of this rule are expected to be so minimal, the Coast Guard 
certifies under 5 U.S.C. 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601-612) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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.

Assistance for Small Entities

    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 the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will 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).

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 regulatory 
actions not specifically required by law. 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 or more in any one year. Although this rule does not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Execute Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This 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

[[Page 43518]]

responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (34)(h) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 100

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 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; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 6 a.m. on July 23, 2004, until 9 p.m. on July 25, 2004, 
temporarily suspend 33 CFR 100.1303 and add temporary Sec.  100.T13-001 
to read as follows:


Sec.  100.T13-001  Special Local Regulations; Annual Kennewick, 
Washington, Columbia Unlimited Hydroplane Races.

    (a) This section is effective from 6 a.m. on July 23, until 9 p.m. 
on July 25, 2004.
    (b) This section will be enforced from 6 a.m. until 9 p.m. each day 
it is effective, unless sooner cancelled by the Patrol Commander.
    (c) This section restricts general navigation and anchorage during 
the hours it is enforced, on all waters of the Columbia River bounded 
by two lines drawn shore to shore; the first line running between 
position 46[deg]14[min]50[sec] N, 119[deg]10[min]23[sec] W and position 
46[deg]13[min]39[sec] N, 119[deg]10[min]34[sec] W; and the second line 
running between position 46[deg]13[min]36[sec] N, 
119[deg]07[min]38[sec] W and position 46[deg]13[min]10[sec] N, 
119[deg]07[min]49[sec] W. [Datum: NAD 83]. Entry into this zone is a 
violation of regulations and may result in penalty action under the 
provisions of 33 CFR 100.35.
    (d) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard personnel and vessels in 
the area described in paragraph (c) of this section. The patrol shall 
be under the direction of a Coast Guard officer or petty officer 
designated as Coast Guard Patrol Commander. The Patrol Commander is 
empowered to forbid and control the movement of vessels in the area 
described in paragraph (c) of this section.
    (e) The Patrol Commander may authorize vessels to be underway in 
the area described in paragraph (c) of this section during the hours 
this regulation is enforced. All vessels permitted to be underway in 
the controlled area (other than racing or official vessels) shall do so 
only at speeds which will create minimum wake consistent with 
maintaining steerageway, and not to exceed seven (7) miles per hour. 
This speed limit may be adjusted at the discretion of the Patrol 
Commander to enhance the level of safety.
    (f) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling the area under the direction of the U.S. Coast 
Guard Patrol Commander shall serve as a signal to stop. Vessels 
signaled shall stop and shall comply with the orders of the patrol 
vessel personnel; failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.

    Dated: July 14, 2004.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard District Thirteen Commander.
[FR Doc. 04-16645 Filed 7-19-04; 10:58 am]
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