[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Proposed Rules]
[Pages 30058-30060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13627]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0431]
RIN 1625-AA08


Special Local Regulation; Roy Webster Cross Channel Swim, 
Columbia River, Cascade Locks, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary 
regulated area for certain waters of the Columbia River. This action is 
necessary to provide for the safety of participants and the maritime 
public during a cross-channel swim. This proposed rulemaking would 
prohibit non-participant persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port 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 July 26, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0431 using the Federal eRulemaking Portal at https://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 LCDR Dixon Whitley, 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

    The Roy Webster Cross-Channel Swim is an annual event that has been 
running for the last 74 years on the Columbia River in the vicinity of 
Hood River, OR occurring on or around Labor Day. Participants are 
ferried across the Columbia River from the Hood River Marina to the 
Washington shore at the start of the event. Once on the other side, the 
participants jump off the ferry and swim back across the river 
following a swim lane that is lined with volunteers in sailboats, 
kayaks and paddleboards. Approximately 300 swimmers participate in this 
event annually. On April 4, 2019, the Hood River Chamber of Commerce 
notified the Coast Guard that it will be moving the swim location from 
Hood River, OR, to Cascade Locks, OR.
    The purpose of this rulemaking is to relocate the regulated area 
from Hood River, OR to Cascade Locks, OR to ensure the safety of event 
participants, the marine environment and the protection of the 
navigable waterway during the scheduled event for 2019. The Coast Guard 
is proposing this rulemaking under authority in 46 U.S.C. 70041 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The Thirteenth Coast Guard District Commander is proposing to 
establish a regulated area from 5:30 a.m. to noon on September 2, 2019. 
As the event consists of participants swimming across the navigable 
channel, the Coast Guard feels that it would be necessary to establish 
a regulated area that would cover all navigable waters of the Columbia 
River between river mile 149 and river mile 151 during the event.
    Since 2017, a regulated area between River Mile 169 and River Mile 
170 has been established for this event under 33 CFR 100.1302. Because 
the location of the event has been changed for 2019, we will not be 
enforcing the Sec.  100.1302 regulations for the Roy Webster Cross 
Channel Swim event this year, and instead are issuing this notice of 
proposed rulemaking (NPRM) to establish a temporary rule for 2019.
    This NPRM proposes to create a temporary regulated area in the 
vicinity of Cascade Locks, OR, rather than Hood River, OR, for this 
year's event in accordance with the request of the organizers. 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

[[Page 30059]]

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.
    This regulatory action determination is based on the size, 
location, short duration, and the event's long history. Commercial 
vessel traffic would be able to transit the area with permission from 
the COTP 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 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 Directive 023-01 and Environmental Planning COMDTINST 5090.1 
(series), 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 
regulated area lasting approximately six hours that would prohibit 
entry within a specified section of the Columbia River in the vicinity 
of Cascade Locks, OR. 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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.

[[Page 30060]]

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 is 
proposing to amend 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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T13-0431 to read as follows:


Sec.  165.T13-0431  Special Local Regulation; Roy Webster Cross Channel 
Swim, Columbia River, Cascade Locks, OR.

    (a) Regulated area. These waters are in the in the vicinity of 
Cascade Locks, OR on the Columbia River between River Mile 149 and 
River Mile 151.
    (b) Effective period. This regulation will be in effect from 5:30 
a.m. to noon on September 2, 2019.
    (c) Special Local regulations. (1) Non-participant personnel and 
vessels are prohibited from entering the regulated area unless 
authorized by the Coast Guard Patrol Commander (PATCOM).
    (2) The Coast Guard may patrol regulated area under the direction 
of a designated PATCOM. The 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.
    (3) 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.
    (4) PATCOM may delay or terminate the event 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.
    (5) 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.
    (6) 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 date and time.

D.G. Throop,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2019-13627 Filed 6-25-19; 8:45 am]
BILLING CODE 9110-04-P