[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31903-31906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14512]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 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: Final rule.

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SUMMARY: The Coast Guard is establishing 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.

DATES: This rule is effective July 11, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://

[[Page 31904]]

www.regulations.gov, type USCG-2017-0244 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rule.

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 Information and Regulatory History

    The Coast Guard is establishing a new special local regulation for 
nine recurring marine events in the Sector Columbia River. On May 9, 
2017, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled, ``Special Local Regulations; Safety Zones; Recurring Marine 
Events in Sector Columbia River'' (82 FR 21495). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to the regulated areas. During the comment period that ended 
June 8, 2017, we received no comments.
    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, due to The Big Float 
marine event occurring on July 15, 2017. This event was previously 
covered under a Temporary Final Rule. Delaying this rule would be 
impracticable due to the date of the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Columbia River has determined that 
large numbers of spectator vessels and marine traffic are expected to 
congregate around these event locations, and regulated areas are needed 
to protect both spectators and participants from the safety hazards 
associated with the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
9, 2017. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    The Coast Guard is revising and renaming 33 CFR 100.1302 to cover 
marine events within the Captain of the Port Zone Columbia River and 
removing 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 changes 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 will consolidate and simplify our existing special local 
regulations.
    Additionally, this rule reorganizes and consolidates 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 
eliminates 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, 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.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated areas. 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 received no comments

[[Page 31905]]

from the Small Business Administration on this rulemaking. 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 
regulated areas 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).

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.

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 an 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 regulated areas for swim events and other marine events. 
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 Parts 100 and 165

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


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 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.  [thinsp]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

[[Page 31906]]

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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     Number               Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
1...............  First or second      Rose Fest Dragon    Portland-Kaohsiung  Portland, OR. Regulated area
                   weekend in June.     Boat Races.         Sister              includes all waters of the
                                                            Association.        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    Spring Testing      Tri-Cities Water    Kennewick, WA. Regulated area
                   June.                Hydroplane races.   Follies             includes all navigable waters
                                                            Association.        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    Richland Regatta    Northwest Power     Richland, WA. Regulated area
                   June.                Hydroplane races.   Boat Association.   includes all navigable waters of
                                                                                the Columbia River in the
                                                                                vicinity of Howard Amon Park,
                                                                                between River Miles 337 and 338.
4...............  Last Tuesday         Kennewick           Tri-Cities Water    Kennewick, WA. Regulated area
                   through Sunday in    Hydroplane Races.   Follies             includes all navigable waters
                   July.                                    Association.        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      The Big Float,      Human Access        Portland, OR. Regulated area
                   July.                group inner-tube    Project.            includes all navigable waters of
                                        float.                                  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   Swim the Snake....  Blue Mountain       Perry, WA. Regulated area
                   August.                                  Resource            includes all navigable waters,
                                                            Conservation and    bank-to-bank of the Snake River,
                                                            Development.        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    Roy Webster Cross   Hood River County   Hood River, OR. Regulated area
                   Day.                 Channel Swim.       Chamber of          includes all waters of the
                                                            Commerce.           Columbia River between River
                                                                                Mile 169 and River Mile 170.
8...............  First or second      Portland Dragon     DragonSports USA..  Portland, OR. Regulated area
                   weekend in           Boat Races.                             includes the western side of the
                   September.                                                   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       Columbia Crossing   3 Rivers Road       Pasco, WA. Regulated area
                   after Labor Day      Swim.               Runners.            includes all navigable waters,
                   weekend.                                                     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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


Sec. Sec.  165.1341 and 165.1342  [Removed]

0
5. Remove Sec. Sec. [thinsp]165.1341 and 165.1342.

    Dated: June 28, 2017.
B.C. Mcpherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-14512 Filed 7-10-17; 8:45 am]
BILLING CODE 9110-04-P