[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Rules and Regulations]
[Pages 41343-41344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14141]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-026]
RIN 1625-AA00


Safety Zone: Hydroplane Races, Columbia Park, Kennewick, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Columbia River during hydroplane races. The Captain of 
the Port, Portland, Oregon, is taking this action to safeguard 
watercraft and their occupants from safety hazards associated with 
these vessels that travel at a high rate of speed. Entry into this 
safety zone is prohibited unless authorized by the Captain of the Port.

DATES: This regulation is effective from 7 a.m. (PDT) to 7 p.m. (PDT) 
each day on July 29-31, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD13-05-026) and are available for 
inspection or copying at U.S. Coast Guard Sector Portland, 6767 N. 
Basin Avenue, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Charity Keuter, c/o 
Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon 
97217, (503) 240-9301.

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. If normal notice and comment procedures were 
followed, this rule would not become effective until after the date of 
the event. For this reason, following normal rulemaking procedures in 
this case would be impracticable and contrary to the public interest.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to allow 
for a safe racing event. This event occurs on the Columbia River in 
Lake Wallula in the vicinity of Columbia Park in Kennewick, WA and is 
scheduled to start at 7 a.m. (PDT) and last until 7 p.m. (PDT) each day 
on July 29-31, 2005. This event may result in a number of recreational 
vessels congregating near the hydroplane races. The safety zone is 
needed to protect watercraft and their occupants from safety hazards 
associated with the event. This safety zone will be enforced by 
representatives of the Captain of the Port, Portland, Oregon. The 
Captain of the Port may be assisted by other federal, state, 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 (DHS). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph (10)(e) of the regulatory policies and procedures act of DHS 
is unnecessary. This expectation is based on the fact that the 
regulated area established by the proposed regulation will encompass a 
small portion of the river for twelve hours on three days.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 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 
or anchor in a portion of the Columbia River during the time mentioned 
under Background and Purpose. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will encompass a small portion of 
the river for twelve hours on three days. Traffic will be allowed to 
pass through the zone with the permission of the Captain of the Port or 
his designated representatives on scene, if safe to do so.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine

[[Page 41344]]

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 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 this rule does not have 
implications for federalism under that Order.

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 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.

Taking of Private Property

    This rule will not effect 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 Executive 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 does not concern an 
environmental risk to health or risk to safety that may 
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 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4379f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g) of Commandant Instruction M16475.1D, this 
rule is categorically excluded from further environmental 
documentation. Categorical Exclusion is provided for temporary safety 
zones of less than one week in duration. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security Measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. A temporary section 165.T13-008 is added to read as follows:


Sec.  165.T13-008  Safety Zone; Hydroplane Races, Columbia Park, 
Kennewick, Washington.

    (a) Location. The following area is a safety zone: the waters of 
the Columbia River in the vicinity of Columbia Park on Lake Wallula in 
Kennewick, Washington commencing at 46[deg]14'07'' N, 119[deg]10'42'' W 
following the shoreline to 46[deg]13'35'' N, 119[deg]07'34'' W then 
south to 46[deg]13'10'' N, 119[deg]07'47'' W following the shoreline to 
46[deg]13'42'' N, 119[deg]10'51'' W then back to the point of origin.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or his 
designated representatives.
    (c) Effective period. This regulation is effective from 7 a.m. 
(PDT) until 7 p.m. (PDT) each day on July 29-31, 2005.

    Dated: July 11, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-14141 Filed 7-18-05; 8:45 am]
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