[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Proposed Rules]
[Pages 14998-15000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05880]



[[Page 14998]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0162]
RIN 1625-AA00


Safety Zone; Richland Regatta, Columbia River, Richland, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for 
certain waters of the Columbia River in the vicinity of Howard Amon 
Park, Richland, WA, between River Miles 337 and 338, during a 
hydroplane boat race from June 3, 2016, through June 5, 2016. This 
action is necessary to provide for the safety of life on the navigable 
waters during the event. This proposed rulemaking would prohibit 
persons and vessels from being in the safety zone unless authorized by 
the Captain of the Port Sector Columbia River or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 20, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0162 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ken Lawrenson, Waterways 
Management Division, MSU Portland, OR, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 21, 2015, the Northwest Power Boat Association notified 
the Coast Guard that it will be conducting a hydroplane boat race from 
7 a.m. to 7 p.m. daily from June 3, 2016, through June 5, 2016, as part 
of the Richland Regatta. The race will be held in the vicinity of 
Howard Amon Park, Richland, WA, and poses significant dangers to the 
maritime public including excessive noise, vessels racing at high 
speeds in proximity to other vessels, and flying debris in the event of 
an accident. The Captain of the Port Sector Columbia River (COTP) has 
determined these potential hazards would be a safety concern for 
maritime traffic.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during and after daily scheduled 
races. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to enforce a safety zone from 7 a.m. to 7 p.m. 
daily from June 3, 2016, through June 5, 2016. The safety zone would 
include all navigable waters of the Columbia River on all navigable 
waters of the Columbia River between River Miles 337 and 338 in the 
vicinity of oward Amon Park, Richland, WA. The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled event. No vessel or person 
would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the following 
factors. The safety zone will only be effective for 12 hours daily over 
a 3 day period, and while non-participant vessels will be unable to 
enter, trainsit through, anchor in, or remain within the event area 
without authorization from the Captain of the Port Sector Columbia 
River or a designated representative, they may operate in the 
surrounding areas during the enforcement period. Additionally, non-
participant vessels may still enter, transit through, anchor in, or 
remain within the event area during the enforcement period if 
authorized by the COTP Sector Columbia River or a designated 
representative. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule would allow vessels to seek permission to enter the zone.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and 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.
    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 proposed 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this

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proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves a safety 
zone that would be enforced from 7 a.m. to 7 p.m. daily from June 3, 
2016, through June 5, 2016. The safety zone would cover navigable 
waters of the Columbia River between River Miles 337 and 338 in the 
vicinity of oward Amon Park, Richland, WA. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T13-0162 to read as follows:


Sec.  165.T13-0162  Safety Zone; Richland Regatta, Columbia River, 
Richland, WA.

    (a) Regulated area. The following regulated area is a safety zone. 
The safety zone will include all navigable waters of the Columbia River 
in the vicinity of Howard Amon Park, Richland, WA, between River Miles 
337 and 338.
    (b) Definitions. (1) The term ``designated representative'' means 
Coast Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Sector Columbia River in the enforcement of the 
regulated area.
    (2) The term ``Non-participant persons and vessels'' means a vessel 
or person not participating in the event as a participant, spectator, 
or event attendee.
    (c) Regulations. (1) In accordance with the general regulations in 
subpart C of this part, non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by Captain of the 
Port Sector Columbia River or a designated representative.
    (2) Non-participant persons and vessels may request authorization 
to enter, transit through, anchor in, or remain within the regulated 
area by contacting the Captain of the Port Sector Columbia River or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port Sector Columbia River or a 
designated representative, all

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persons and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Sector Columbia River or a 
designated representative.
    (d) Enforcement period. This safety zone as described in paragraph 
(a) of this section will be enforced from 7 a.m. to 7 p.m. each day 
from June 3, 2016, through June 5, 2016.

    Dated: March 4, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-05880 Filed 3-18-16; 8:45 am]
BILLING CODE 9110-04-P