[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21495-21498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09368]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100 and 165

[Docket Number USCG-2017-0224]
RIN 1625-AA08, AA00


Special Local Regulations; Safety Zones; Recurring Marine Events 
in Sector Columbia River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation in the Coast Guard Captain of the Port Columbia River Zone 
for recurring marine events. During the recurring events, these 
regulated areas would be activated and would restrict vessels from 
portions of the waterway. These events were previously published as 
safety zones, temporary safety zones or individual regulated areas and 
have been revised and consolidated into a single as special local 
regulation in order to expedite public notification of events and 
ensure the protection of the maritime public from hazards associated 
with the annual events. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0224 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 on this rule, 
call or email LCDR Laura Springer, Waterways Management Division, 
Marine Safety Unit Portland, 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

    Swim events and marine events are held on an recurring basis on the 
navigable waters within the Coast Guard COTP Columbia River Zone. In 
the past, the Coast Guard established special local regulations with 
regulated areas and safety zones for these recurring events on a case 
by case basis to ensure the protection of the maritime public and event 
participants from the hazards associated with these events. The Coast 
Guard has not received public comments or concerns regarding the impact 
to waterway traffic from these annually recurring events.
    This proposed rule would consistently apprise the public in a 
timely manner through permanent publication in Title 33 of the Code of 
Federal Regulations. The table in this proposed rule would list each 
annual recurring event requiring a regulated area as administered by 
the Coast Guard.
    By establishing permanent regulations containing these events the 
Coast Guard would eliminate the need to establish temporary rules for 
events that occur on an annual basis and thereby limit the costs 
associated with cumulative regulations.
    This rulemaking would remove, add, and consolidate regulations to 
better meet the Coast Guard's intended purpose of ensuring safety 
during these events. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1231 and 1233.

III. Discussion of Proposed Rule

    The Coast Guard proposes to revise and rename 33 CFR 100.1302 to 
cover marine events within the Captain of the Port Zone Columbia River. 
We also propose to remove Sec. Sec.  100.1303 (Annual Kennewick, 
Washington, Columbia Unlimited Hydroplane Races), 100.1305 (Richland, 
Washington, west coast outboard championship hydro races), 165.1341 
(Portland Dragon Boat Races, Portland, OR), and 165.1342 (Annual Roy 
Webster Cross-Channel Swim, Columbia River, Hood River, OR).
    These proposed changes will convert two existing safety zones 
(those currently in Sec. Sec.  165.1341 and 165.1342) and temporary 
safety zones established annually for four events (The Big Float, Swim 
the Snake, Richland Regatta, and Columbia Crossing) into regulated 
areas in Sec.  100.1302. This is intended to consolidate and simplify 
our existing special local regulations. We are removing the West Coast 
Outboard Championship Hydro races regulations in Sec.  100.1305 because 
that race has not been held for a number of years.
    By establishing a single permanent regulation containing these 
events, the Coast Guard will eliminate the need to establish temporary 
rules for events that occur on an annual basis. This provides 
opportunity for the public to comment while limiting the unnecessary 
burden of continually establishing temporary rules every year.
    Additionally, this rule proposes to reorganize and consolidate 
existing Sector Columbia River COTP Zone marine event regulations in 33 
CFR part 100 and marine event safety zones under 33 CFR part 165. This 
action will eliminate the burden and confusion caused by the current 
configuration of numerous individual regulations spread across two CFR 
parts.
    As large numbers of spectator vessels and marine traffic are 
expected to congregate around the event location, the regulated areas 
are needed to protect both spectators and participants from the safety 
hazards associated with the event. During the enforcement period of the 
regulated areas, persons and vessels would be prohibited from entering, 
transiting through, remaining, anchoring or mooring within the zone 
unless specifically authorized by the COTP or the designated 
representative. The Coast Guard may be assisted by other Federal,

[[Page 21496]]

State and local agencies in the enforcement of these regulated areas. 
These events are listed below in the text of the regulation.
    Certain special local regulations are listed without known dates or 
times. Coast Guard Sector Columbia River will cause notice of the 
enforcement of these regulated areas to be made by all appropriate 
means to affect the widest publicity among the effected segments of the 
public, including publication in the Federal Register, Local Notice to 
Mariners and Broadcast Notice to Mariners.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard has previously promulgated special local 
regulations or safety zones, in 33 CFR parts 100 and 165, for all event 
areas contained within this proposed regulation and has not received 
notice of any negative impact caused by any of the safety zones or 
special local regulations. By establishing a permanent regulation 
containing all of these events, the Coast Guard will eliminate the need 
to establish individual temporary rules for each separate event that 
occurs on an annual basis, thereby limiting the costs of cumulative 
regulations.
    Vessels will only be restricted from special local regulation areas 
for a short duration of time. Vessels may transit in portions of the 
affected waterway except for those areas covered by the proposed 
regulated areas. Notifications of exact dates and times of the 
enforcement period will be made through notices of enforcements 
published in the Federal Register. In addition, we will inform the 
local maritime community via the Local Notice to Mariners, Broadcast 
Notice to Mariners, or both. No new or additional restrictions would be 
imposed on vessel traffic.

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 
regulated areas 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 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 regulated 
areas for swim events and other marine events. Normally such actions 
are categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and 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 proposed 
rule.

[[Page 21497]]

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 100 and Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 and 165 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.

0
2. Revise Sec.  100.1302 to read as follows:


Sec.  100.1302  Special Local Regulations; Marine Events Within the 
Captain of the Port Zone Columbia River.

    This section applies to the marine events listed in Table 1 of this 
section. The regulations in this section will be enforced for the 
duration of each event, on or about the dates indicated in Table 1 of 
this section. Annual notice of the exact dates and times of the 
effective period of the regulations in this section with respect to 
each event, the geographical description of each regulated area, and 
details concerning the nature of the event and the number of 
participants and type(s) of vessels involved will be provided to the 
local maritime community through the Local Notice to Mariners, 
Broadcast Notice to Mariners, or both, well in advance of the events. 
If the event does not have a date listed, then the exact dates and 
times of the enforcement will be announced through a Notice of 
Enforcement in the Federal Register. Mariners should consult the 
Federal Register or their LNM to remain apprised of minor schedule or 
event changes. Thirteenth Coast Guard District LNM can be found at: 
http://www.navcen.uscg.gov/. The application requirements of Sec.  
100.15 apply to all marine events listed in the Table of this section.
    (a) The Coast Guard may patrol each event area under the direction 
of a designated Coast Guard Patrol Commander (PATCOM). PATCOM may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.'' 
Official patrol vessels may consist of any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned or approved 
by the Captain of the Port, Sector Columbia River.
    (b) PATCOM may control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel 
shall come to an immediate stop and comply with the lawful directions 
issued. Failure to comply with a lawful direction may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) PATCOM may delay or terminate any marine event in this subpart 
at any time it is deemed necessary to ensure the safety of life or 
property. Such action may be justified as a result of weather, traffic 
density, spectator operation or participant behavior.
    (d) Vessels may not transit the regulated areas without PATCOM 
approval. Vessels permitted to transit must operate at a no wake speed, 
in a manner which will not endanger participants or other crafts in the 
event.
    (e) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through LNM, unless authorized by an official patrol 
vessel.

                                                     Table 1
                         [All coordinates listed in the Table reference Datum NAD 1983]
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              No./Date                        Event                  Sponsor                   Location
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1. First or second weekend in June.  Rose Fest Dragon Boat   Portland-Kaohsiung      Portland, OR. Regulated
                                      Races.                  Sister Association.     area includes all waters
                                                                                      of the Willamette River
                                                                                      shore to shore, bordered
                                                                                      on the north by the
                                                                                      Hawthorne Bridge, and on
                                                                                      the south by the Marquam
                                                                                      Bridge.
2. One day in May or June..........  Spring Testing          Tri-Cities Water        Kennewick, WA. Regulated
                                      Hydroplane races.       Follies Association.    area includes 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.
3. Second weekend in June..........  Richland Regatta        Northwest Power Boat    Richland, WA. Regulated
                                      Hydroplane races.       Association.            area includes all
                                                                                      navigable waters of the
                                                                                      Columbia River in the
                                                                                      vicinity of Howard Amon
                                                                                      Park, between River Miles
                                                                                      337 and 338.

[[Page 21498]]

 
4. Last Tuesday through Sunday in    Kennewick Hydroplane    Tri-Cities Water        Kennewick, WA. Regulated
 July.                                Races.                  Follies Association.    area includesall 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.
5. One Saturday in July............  The Big Float, group    Human Access Project..  Portland, OR. Regulated
                                      inner-tube float.                               area includes all
                                                                                      navigable waters of the
                                                                                      Willamette River, in
                                                                                      Portland, Oregon, enclosed
                                                                                      by the Hawthorne Bridge,
                                                                                      the Marquam Bridge, and
                                                                                      west of a line beginning
                                                                                      at the Hawthorne Bridge at
                                                                                      approximate location
                                                                                      45[deg]30'50'' N.;
                                                                                      122[deg]40'21'' W., and
                                                                                      running south to the
                                                                                      Marquam Bridge at
                                                                                      approximate location
                                                                                      45[deg]30'27'' N.;
                                                                                      122[deg]40'11'' W.
6. Second Saturday in August.......  Swim the Snake........  Blue Mountain Resource  Perry, WA. Regulated area
                                                              Conservation and        includes all navigable
                                                              Development.            waters, bank-to-bank of
                                                                                      the Snake River, 500 yards
                                                                                      upstream and 500 yards
                                                                                      downstream from the
                                                                                      Washington State Highway
                                                                                      261 Bridge at the
                                                                                      approximate position of
                                                                                      46[deg]35'23'' N.;
                                                                                      118[deg]13'10'' W.
7. Annually on Labor Day...........  Roy Webster Cross       Hood River County       Hood River, OR. Regulated
                                      Channel Swim.           Chamber of Commerce.    area includes all waters
                                                                                      of the Columbia River
                                                                                      between River Mile 169 and
                                                                                      River Mile 170.
8. First or second weekend in        Portland Dragon Boat    DragonSports USA......  Portland, OR. Regulated
 September.                           Races.                                          area includes the western
                                                                                      side of the Willamette
                                                                                      River extending from Tom
                                                                                      McCall Waterfront Park
                                                                                      between the Hawthorne and
                                                                                      Marquam Bridges, Portland,
                                                                                      OR: line one starting at
                                                                                      45-30'49'' N./122-40'24''
                                                                                      W. then heading east to 45-
                                                                                      30'49'' N./122-40'22'' W.
                                                                                      then heading south to 45-
                                                                                      30'29'' N./122-40'08'' W.
                                                                                      then heading west to 45-
                                                                                      30'26'' N./122-40'14'' W.
                                                                                      then heading north ending
                                                                                      at 45-30'49'' N./122-
                                                                                      40'24'' W.
9. First Saturday after Labor Day    Columbia Crossing Swim  3 Rivers Road Runners.  Pasco, WA. Regulated area
 weekend.                                                                             includes all navigable
                                                                                      waters, bank-to-bank of
                                                                                      the Columbia River in
                                                                                      Pasco, Washington, between
                                                                                      river mile 332 and river
                                                                                      mile 335.
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Sec. Sec.  100.1303 and 100.1305   [Removed]

0
3. Remove Sec. Sec.  100.1303 and 100.1305

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
4. The authority citation for part 165 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; Department of Homeland Security Delegation No. 0170.1.


Sec. Sec.  165.1341 and 165.1342  [Removed]

0
5. Remove Sec. Sec.  165.1341 and 165.1342

    Dated: April 21, 2017.
B.C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-09368 Filed 5-8-17; 8:45 am]
 BILLING CODE 9110-04-P