[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Rules and Regulations]
[Pages 27735-27738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2460]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-07-013]
RIN 1625-AA00


Special local regulation: ULHRA Hydroplane Races, Howard Amon 
Park, Richland, WA

AGENCY: Coast Guard, DHS.

ACTION: Special local regulation temporary final rule.

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

SUMMARY: The Coast Guard is undertaking two actions with regard to the 
above captioned regulation. The first is to withdraw the temporary 
final rule previously published on April 23, 2007 because it 
erroneously described the race area. The second is to correct the 
previous error by establishing a temporary special local regulation for 
the ULHRA National Series Hydroplane Race to be held on the waters of 
the Columbia River in the vicinity of Howard Amon Park, Richland, WA. 
These special local regulations limit the movement of non-participating 
vessels in the regulated race area. This

[[Page 27736]]

temporary rule is needed to provide for the safety of life on navigable 
waters during the event.

DATES: This regulation is effective from 7 a.m. (PDT) to 7 p.m. (PDT) 
on May 19 and 20, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD13-07-013) 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 Michelle Duty, c/o 
Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon 
97217, (503) 240-2590.

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 an 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, or if the effective date of this rule were delayed by 30 
days, 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 contrary to the public interest.

Background and Purpose

    The Coast Guard is undertaking two actions in this document. The 
first is to withdraw the temporary final rule previously published on 
April 23, 2007 at 72 FR 20047 because it erroneously described the race 
area. The second is to correct the previous error by establishing a 
temporary special local regulation for the ULHRA National Series 
Hydroplane Race to be held on the waters of the Columbia River in the 
vicinity of Howard Amon Park, Richland, WA.
    The Coast Guard is establishing a temporary special local 
regulation to allow for a safe racing event. This event occurs on the 
Columbia River in the vicinity of Howard Amon Park in Richland, WA and 
is scheduled to start at 7 a.m. (PDT) and last until 7 p.m. (PDT) on 
May 19 and 20, 2007. This event may result in a number of recreational 
vessels congregating near the hydroplane races. The hydroplane race 
poses several dangers to the public including excessive noise, objects 
falling from any accidents, and hydroplanes racing at high speeds in 
proximity to other vessels. Accordingly, the Special local regulation 
is needed to protect watercraft and their occupants from safety hazards 
associated with the event. 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, 
state, and local agencies.

Discussion of Rule

    This temporary rule will create a regulated area to assist in 
minimizing the inherent dangers associated with hydroplane races. These 
dangers include, but are not limited to, excessive noise, race craft 
traveling at high speed in close proximity to one another and to 
spectator craft, and the risk of airborne objects from any accidents 
associated with hydroplanes. In the event that hydroplanes require 
emergency assistance, rescuers must have immediate and unencumbered 
access to the craft. The Coast Guard, through this action, intends to 
promote the safety of personnel, vessels, and facilities in the area. 
Due to these concerns, public safety requires these regulations to 
provide for the safety of life on the navigable waters.

Regulatory Evaluation

    This temporary 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).
    We expect the economic impact of this temporary rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This expectation is based on the 
fact that the regulated area established by this rule encompasses an 
area on the Columbia River near Howard Amon Park in Richland, WA not 
frequented by commercial navigation. The regulation is established for 
the benefit and safety of the recreational boating public and the event 
will pause in order to allow the ferry to pass through the area at its 
allotted times, any negative recreational boating impact is offset by 
the benefits of allowing the hydroplanes to race. This rule would be 
enforced from 7 a.m. to 7 p.m. Pacific Daylight Time each day on May 19 
and 20, 2007. For the above reasons, the Coast Guard does not 
anticipate any significant economic impact.

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 Special local regulation will not 
have a significant economic impact on a substantial number of small 
entities due to its short duration and small area. The only vessels 
likely to be impacted will be recreational boaters, small passenger 
vessel operators, and a ferry that runs through the regulated area 
twice a day. The event is held for the benefit and entertainment of the 
recreational and small passenger vessel operators, and the event will 
pause in order to allow the ferry to pass through the area at its 
allotted times. Because the impacts of this proposal are expected to be 
so minimal, the Coast Guard certifies under 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this temporary 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 and that this temporary 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 offered to assist small 
entities in understanding the rule so that they can

[[Page 27737]]

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 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 1-888-888-REG-
888-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 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), 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)(h) of Commandant Instruction M16475.1D, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine event permit are specifically 
excluded from further analysis and documentation under that section.
    Under figure 2-1, paragraph (34)(h) of the instruction, an 
``Environmental Analysis Check List'' and a categorical exclusion 
determination are not required for this rule.

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.


Sec.  100.T13-009  [Withdrawn].

0
2. Withdraw temporary Sec.  100.T13-009.
0
3. Add temporary Sec.  100.T13-010 to read as follows:


Sec.  100.T13-010  ULHRA Hydroplane Races Howard Amon Park, Richland, 
Washington.

    (a) Regulated Area. The regulated area is defined as the waters of 
the Columbia River from bank to bank in the vicinity of Howard Amon 
Park on the Columbia River in Richland, Washington commencing at the 
Interstate 182 Bridge and continuing up river Northward 3.0 miles and 
terminating at the Columbia River Mile 339.
    (b) Special Local Regulations. This event will take place from 7 
a.m. PDT to approximately 7 p.m. PDT May 19 to 20, 2007, in the 
described waters of the Columbia River in Richland, Washington.
    (1) No persons may enter or remain in the regulated area except for 
participants in the event, supporting personnel, vessels registered 
with the event organizer, and personnel or

[[Page 27738]]

vessels authorized by the Coast Guard Patrol Commander.
    (2) The Coast Guard Patrol Commander is a commissioned, warrant, 
petty officer, or auxiliarist of the Coast Guard who has been 
designated by Commander, Coast Guard Sector Portland. A Coast Guard 
Auxiliarist, when so appointed by the COTP per 14 U.S.C 831, may act as 
the Patrol Commander. The Patrol Commander is empowered to control 
movement of vessels in the regulated area and adjoining waters during 
the hours these regulations are in effect.
    (3) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling the area shall serve as a signal to stop. 
Vessels or persons signaled shall stop and shall comply with the orders 
of the patrol vessels. Failure to due so may result in the expulsion 
from the area, citation, for failure to comply or both.
    (4) Any spectator vessel may anchor outside the regulated area 
specified in paragraph (a) of this section, but may not block a 
navigable channel.

    Dated: May 4, 2007.
K.S. Cook,
Captain, U.S. Coast Guard, Acting Commander, 13th Coast Guard District.
[FR Doc. 07-2460 Filed 5-15-07; 9:58 am]
BILLING CODE 4910-15-P