[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35617-35619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13201]


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 DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0385]
RIN 1625-AA08


Special Local Regulation; Tri-City Water Follies Spring Testing, 
Kennewick, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing a Special Local Regulation for 
all navigable waters within the Columbia River in the vicinity of 
Columbia Park, commencing at the Interstate 395 Bridge and continuing 
up river approximately 2.0 miles and terminating at the northern end of 
Wade Island, during the Tri-City Water Follies Spring Testing event. 
The special local regulation is needed to protect personnel, vessels, 
and the marine environment from potential hazards created by high-speed 
watercraft. Entry of vessels or persons into this area is prohibited 
unless specifically authorized by the Captain of the Port Columbia 
River or his designated representative.

DATES: This rule is effective from June 3, 2016 through June 10, 2016 
at 6 p.m. This rule will be enforced from June 10, 2016 at 7 a.m. 
through June 10, 2016 at 6 p.m. Comments and related material must be 
received by the Coast Guard on or before July 5, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0385 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. You may submit 
comments identified by docket number USCG-2016-0385 using the Federal 
eRulemaking Portal at http://www.regulations.gov. See the ``Public 
Participation and Request for Comments'' portion of the

[[Page 35618]]

SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Kenneth Lawrenson, Waterways Management Division, 
Marine Safety Unit Portland, 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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a Notice of Proposed Rulemaking (NPRM) 
with respect to this rule because to do so would be impracticable. The 
NPRM process would be contrary to public interest in this situation due 
to the extremely hazardous conditions this event could potentially pose 
if held without an enforceable special local regulation area. 
Furthermore, the event staff submitted the application for marine event 
on March 18, 2016, limiting the Coast Guard to two months to complete 
an NPRM and full comment period, which is the main factor in our 
decision to forego the NPRM process.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date until 30 days after publication would be impracticable, for the 
reasons stated above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Columbia River (COTP) has determined that 
potential hazards associated with high-speed watercraft will be a 
safety concern for anyone within Columbia River mile 330 and 332 during 
the event hours. This rule is needed to protect personnel, vessels, and 
the marine environment in the navigable waters within the special local 
regulation area during the event hours.

IV. Discussion of the Rule

    This rule establishes a special local regulation area from 7 a.m. 
to 6 p.m. on June 10, 2016. The special local regulation area will 
cover all navigable waters within the Columbia River in the vicinity of 
Columbia Park, commencing at the Interstate 395 Bridge and continuing 
up river approximately 2.0 miles and terminating at the northern end of 
Wade Island. The duration of the special local regulation area is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters for the entirety of the Tri-City Water Follies 
Spring Testing event. No vessel or person will be permitted to enter 
the special local regulation area specified in this rule without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration. The special local regulation for the Tri-City 
Water Follies Test event will only be effective from 7 a.m. to 6 p.m. 
on the date of the test event. Furthermore, the Tri-City Water Follies 
Test event is directly related to the main Tri-City Water Follies 
Hydroplane racing event which has occurred annually for the last 50 
years and is extremely well received in the Kennewick-Pasco-Richland 
metropolitan area. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the special local 
regulation area and the rule allows vessels to seek permission from the 
COTP or his designated representative to enter the area.

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 rule 
will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 35619]]

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 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this 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 determined 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 
rule involves a Special Local Regulation for a limited access area 
lasting less than 12 hours that will prohibit vessels from entering an 
area encompassing Columbia River mile 330 and 332 unless given 
permission to do so by the Captain of the Port Columbia River or his 
designated representative. It is categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this 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.

List of Subjects in 33 CFR Part 100

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

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

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add Sec.  100.T13-0385 to read as follows:


Sec.  100.T13-0385  Special Local Regulation; Tri-City Water Follies 
Spring Testing, Kennewick, WA.

    (a) Regulated area. The following is designated as a special local 
regulation area:
    (1) Location. The special local regulation area covered by this 
rule will cover all navigable waters within the Columbia River in the 
vicinity of Columbia Park, commencing at the Interstate 395 Bridge and 
continuing up river approximately 2.0 miles and terminating at the 
northern end of Wade Island.
    (2) Enforcement period. This special local regulation area is in 
effect on June 10, 2016 from 7 a.m. to 6 p.m. The rule will be enforced 
for the duration of the Tri-City Water Follies Spring Testing event. 
The Coast Guard will inform mariners of any change to this period of 
enforcement via Broadcast Notice to Mariners.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 100, to enter, transit through, anchor in, or remain within 
the special local regulation area is prohibited unless permission has 
been authorized by the Captain of the Port or his designated 
representative.
    (1) The following applies to the special local regulation area 
identified in paragraph (a)(1) of this section.
    (i) This special local regulation area is designed to restrict 
vessel traffic, including all non-motorized vessels, except as may be 
permitted by the Captain of the Port Columbia River or his designated 
representative.
    (ii) Within this area all vessels will transit at the minimum speed 
necessary to maintain headway without creating a wake.
    (iii) 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.
    (2) [Reserved]
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or are not present in sufficient force to provide effective 
enforcement of this section, any Federal Law Enforcement Officer or 
Washington Law Enforcement Officer may enforce the rules contained in 
this section pursuant to 46 U.S.C. 70118. In addition, the Captain of 
the Port may be assisted by other federal, state, or local agencies in 
enforcing this section.

    Dated: May 25, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-13201 Filed 6-2-16; 8:45 am]
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