81_FR_15052 81 FR 14998 - Safety Zone; Richland Regatta, Columbia River, Richland, WA

81 FR 14998 - Safety Zone; Richland Regatta, Columbia River, Richland, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 54 (March 21, 2016)

Page Range14998-15000
FR Document2016-05880

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.

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016)
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Proposed Rules]
[Pages 14998-15000]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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

[[Page 14999]]

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

[[Page 15000]]

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



                                               14998                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               DEPARTMENT OF HOMELAND                                  p.m. daily from June 3, 2016, through                 safety zone will only be effective for 12
                                               SECURITY                                                June 5, 2016, as part of the Richland                 hours daily over a 3 day period, and
                                                                                                       Regatta. The race will be held in the                 while non-participant vessels will be
                                               Coast Guard                                             vicinity of Howard Amon Park,                         unable to enter, trainsit through, anchor
                                                                                                       Richland, WA, and poses significant                   in, or remain within the event area
                                               33 CFR Part 165                                         dangers to the maritime public                        without authorization from the Captain
                                               [Docket Number USCG–2016–0162]                          including excessive noise, vessels racing             of the Port Sector Columbia River or a
                                                                                                       at high speeds in proximity to other                  designated representative, they may
                                               RIN 1625–AA00                                           vessels, and flying debris in the event of            operate in the surrounding areas during
                                                                                                       an accident. The Captain of the Port                  the enforcement period. Additionally,
                                               Safety Zone; Richland Regatta,                          Sector Columbia River (COTP) has                      non-participant vessels may still enter,
                                               Columbia River, Richland, WA                            determined these potential hazards                    transit through, anchor in, or remain
                                               AGENCY:   Coast Guard, DHS.                             would be a safety concern for maritime                within the event area during the
                                               ACTION:   Notice of proposed rulemaking.                traffic.                                              enforcement period if authorized by the
                                                                                                          The purpose of this rulemaking is to               COTP Sector Columbia River or a
                                               SUMMARY:    The Coast Guard proposes to                 ensure the safety of vessels and the                  designated representative. Moreover, the
                                               establish a safety zone for certain waters              navigable waters before, during and                   Coast Guard would issue a Broadcast
                                               of the Columbia River in the vicinity of                after daily scheduled races. The Coast                Notice to Mariners via VHF–FM marine
                                               Howard Amon Park, Richland, WA,                         Guard proposes this rulemaking under                  channel 16 about the zone, and the rule
                                               between River Miles 337 and 338,                        authority in 33 U.S.C. 1231.                          would allow vessels to seek permission
                                               during a hydroplane boat race from June                 III. Discussion of Proposed Rule                      to enter the zone.
                                               3, 2016, through June 5, 2016. This
                                                                                                          The COTP proposes to enforce a                     B. Impact on Small Entities
                                               action is necessary to provide for the
                                               safety of life on the navigable waters                  safety zone from 7 a.m. to 7 p.m. daily                  The Regulatory Flexibility Act of
                                               during the event. This proposed                         from June 3, 2016, through June 5, 2016.              1980, 5 U.S.C. 601–612, as amended,
                                               rulemaking would prohibit persons and                   The safety zone would include all                     requires Federal agencies to consider
                                               vessels from being in the safety zone                   navigable waters of the Columbia River                the potential impact of regulations on
                                               unless authorized by the Captain of the                 on all navigable waters of the Columbia               small entities during rulemaking. The
                                               Port Sector Columbia River or a                         River between River Miles 337 and 338                 term ‘‘small entities’’ comprises small
                                               designated representative. We invite                    in the vicinity of oward Amon Park,                   businesses, not-for-profit organizations
                                               your comments on this proposed                          Richland, WA. The duration of the zone                that are independently owned and
                                               rulemaking.                                             is intended to ensure the safety of                   operated and are not dominant in their
                                                                                                       vessels and these navigable waters                    fields, and governmental jurisdictions
                                               DATES:  Comments and related material                   before, during, and after the scheduled
                                               must be received by the Coast Guard on                                                                        with populations of less than 50,000.
                                                                                                       event. No vessel or person would be                   The Coast Guard certifies under 5 U.S.C.
                                               or before April 20, 2016.                               permitted to enter the safety zone                    605(b) that this proposed rule would not
                                               ADDRESSES: You may submit comments                      without obtaining permission from the                 have a significant economic impact on
                                               identified by docket number USCG–                       COTP or a designated representative.                  a substantial number of small entities.
                                               2016–0162 using the Federal                             The regulatory text we are proposing
                                               eRulemaking Portal at http://                                                                                    While some owners or operators of
                                                                                                       appears at the end of this document.                  vessels intending to transit the safety
                                               www.regulations.gov. See the ‘‘Public
                                               Participation and Request for                           IV. Regulatory Analyses                               zone may be small entities, for the
                                               Comments’’ portion of the                                 We developed this proposed rule after               reasons stated in section IV.A above this
                                               SUPPLEMENTARY INFORMATION section for                   considering numerous statutes and                     proposed rule would not have a
                                               further instructions on submitting                      Executive orders related to rulemaking.               significant economic impact on any
                                               comments.                                               Below we summarize our analyses                       vessel owner or operator.
                                                                                                       based on a number of these statutes and                  If you think that your business,
                                               FOR FURTHER INFORMATION CONTACT:   If                                                                         organization, or governmental
                                               you have questions about this proposed                  Executive orders and we discuss First
                                                                                                       Amendment rights of protestors.                       jurisdiction qualifies as a small entity
                                               rulemaking, call or email Mr. Ken                                                                             and that this rule would have a
                                               Lawrenson, Waterways Management                         A. Regulatory Planning and Review                     significant economic impact on it,
                                               Division, MSU Portland, OR, U.S. Coast                                                                        please submit a comment (see
                                                                                                          Executive Orders 12866 and 13563
                                               Guard; telephone 503–240–9319, email                                                                          ADDRESSES) explaining why you think it
                                                                                                       direct agencies to assess the costs and
                                               msupdxwwm@uscg.mil.                                                                                           qualifies and how and to what degree
                                                                                                       benefits of available regulatory
                                               SUPPLEMENTARY INFORMATION:                              alternatives and, if regulation is                    this rule would economically affect it.
                                               I. Table of Abbreviations                               necessary, to select regulatory                          Under section 213(a) of the Small
                                                                                                       approaches that maximize net benefits.                Business Regulatory Enforcement
                                               CFR Code of Federal Regulations                                                                               Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                       Executive Order 13563 emphasizes the
                                               DHS Department of Homeland Security
                                                                                                       importance of quantifying both costs                  we want to assist small entities in
                                               FR Federal Register
                                               NPRM Notice of proposed rulemaking                      and benefits, of reducing costs, of                   understanding this proposed rule. If the
                                               § Section                                               harmonizing rules, and of promoting                   rule would affect your small business,
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                                               U.S.C. United States Code                               flexibility. This NPRM has not been                   organization, or governmental
                                                                                                       designated a ‘‘significant regulatory                 jurisdiction and you have questions
                                               II. Background, Purpose, and Legal                      action,’’ under Executive Order 12866.                concerning its provisions or options for
                                               Basis                                                   Accordingly, the NPRM has not been                    compliance, please contact the person
                                                  On December 21, 2015, the Northwest                  reviewed by the Office of Management                  listed in the FOR FURTHER INFORMATION
                                               Power Boat Association notified the                     and Budget.                                           CONTACT section. The Coast Guard will
                                               Coast Guard that it will be conducting                     This regulatory action determination               not retaliate against small entities that
                                               a hydroplane boat race from 7 a.m. to 7                 is based on the following factors. The                question or complain about this


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                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                             14999

                                               proposed rule or any policy or action of                do not individually or cumulatively                   Web site’s instructions. Additionally, if
                                               the Coast Guard.                                        have a significant effect on the human                you go to the online docket and sign up
                                                                                                       environment. This proposed rule                       for email alerts, you will be notified
                                               C. Collection of Information
                                                                                                       involves a safety zone that would be                  when comments are posted or a final
                                                 This proposed rule would not call for                 enforced from 7 a.m. to 7 p.m. daily                  rule is published.
                                               a new collection of information under                   from June 3, 2016, through June 5, 2016.
                                               the Paperwork Reduction Act of 1995                     The safety zone would cover navigable                 List of Subjects in 33 CFR Part 165
                                               (44 U.S.C. 3501–3520).                                  waters of the Columbia River between                    Harbors, Marine safety, Navigation
                                                                                                       River Miles 337 and 338 in the vicinity               (water), Reporting and recordkeeping
                                               D. Federalism and Indian Tribal
                                                                                                       of oward Amon Park, Richland, WA.                     requirements, Security measures,
                                               Governments
                                                                                                       Normally such actions are categorically               Waterways.
                                                  A rule has implications for federalism               excluded from further review under                      For the reasons discussed in the
                                               under Executive Order 13132,                            paragraph 34(g) of Figure 2–1 of                      preamble, the Coast Guard proposes to
                                               Federalism, if it has a substantial direct              Commandant Instruction M16475.lD.                     amend 33 CFR part 165 as follows:
                                               effect on the States, on the relationship               We seek any comments or information
                                               between the national government and                     that may lead to the discovery of a                   PART 165—REGULATED NAVIGATION
                                               the States, or on the distribution of                   significant environmental impact from                 AREAS AND LIMITED ACCESS AREAS
                                               power and responsibilities among the                    this proposed rule.
                                               various levels of government. We have                                                                         ■ 1. The authority citation for part165
                                               analyzed this proposed rule under that                  G. Protest Activities                                 continues to read as follows:
                                               Order and have determined that it is                      The Coast Guard respects the First                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                               consistent with the fundamental                         Amendment rights of protesters.                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                               federalism principles and preemption                    Protesters are asked to contact the                   Department of Homeland Security Delegation
                                               requirements described in Executive                     person listed in the FOR FURTHER                      No. 0170.1.
                                               Order 13132.                                            INFORMATION CONTACT section to                        ■ 2. Add § 165.T13–0162 to read as
                                                  Also, this proposed rule does not have               coordinate protest activities so that your            follows:
                                               tribal implications under Executive                     message can be received without
                                               Order 13175, Consultation and                           jeopardizing the safety or security of                § 165.T13–0162 Safety Zone; Richland
                                               Coordination with Indian Tribal                         people, places, or vessels.                           Regatta, Columbia River, Richland, WA.
                                               Governments, because it would not have                                                                           (a) Regulated area. The following
                                               a substantial direct effect on one or                   V. Public Participation and Request for               regulated area is a safety zone. The
                                               more Indian tribes, on the relationship                 Comments                                              safety zone will include all navigable
                                               between the Federal Government and                         We view public participation as                    waters of the Columbia River in the
                                               Indian tribes, or on the distribution of                essential to effective rulemaking, and                vicinity of Howard Amon Park,
                                               power and responsibilities between the                  will consider all comments and material               Richland, WA, between River Miles 337
                                               Federal Government and Indian tribes.                   received during the comment period.                   and 338.
                                               If you believe this proposed rule has                   Your comment can help shape the                          (b) Definitions. (1) The term
                                               implications for federalism or Indian                   outcome of this rulemaking. If you                    ‘‘designated representative’’ means
                                               tribes, please contact the person listed                submit a comment, please include the                  Coast Guard Patrol Commanders,
                                               in the FOR FURTHER INFORMATION                          docket number for this rulemaking,                    including Coast Guard coxswains, petty
                                               CONTACT section.                                        indicate the specific section of this                 officers, and other officers operating
                                                                                                       document to which each comment                        Coast Guard vessels, and Federal, state,
                                               E. Unfunded Mandates Reform Act                         applies, and provide a reason for each                and local officers designated by or
                                                  The Unfunded Mandates Reform Act                     suggestion or recommendation.                         assisting the Captain of the Port Sector
                                               of 1995 (2 U.S.C. 1531–1538) requires                      We encourage you to submit                         Columbia River in the enforcement of
                                               Federal agencies to assess the effects of               comments through the Federal                          the regulated area.
                                               their discretionary regulatory actions. In              eRulemaking Portal at http://                            (2) The term ‘‘Non-participant persons
                                               particular, the Act addresses actions                   www.regulations.gov. If your material                 and vessels’’ means a vessel or person
                                               that may result in the expenditure by a                 cannot be submitted using http://                     not participating in the event as a
                                               State, local, or tribal government, in the              www.regulations.gov, contact the person               participant, spectator, or event attendee.
                                               aggregate, or by the private sector of                  in the FOR FURTHER INFORMATION                           (c) Regulations. (1) In accordance with
                                               $100,000,000 (adjusted for inflation) or                CONTACT section of this document for                  the general regulations in subpart C of
                                               more in any one year. Though this                       alternate instructions.                               this part, non-participant persons and
                                               proposed rule would not result in such                     We accept anonymous comments. All                  vessels are prohibited from entering,
                                               an expenditure, we do discuss the                       comments received will be posted                      transiting through, anchoring in, or
                                               effects of this rule elsewhere in this                  without change to http://                             remaining within the regulated area
                                               preamble.                                               www.regulations.gov and will include                  unless authorized by Captain of the Port
                                                                                                       any personal information you have                     Sector Columbia River or a designated
                                               F. Environment                                          provided. For more about privacy and                  representative.
                                                 We have analyzed this proposed rule                   the docket, you may review a Privacy                     (2) Non-participant persons and
                                               under Department of Homeland                            Act notice regarding the Federal Docket               vessels may request authorization to
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                                               Security Management Directive 023–01                    Management System in the March 24,                    enter, transit through, anchor in, or
                                               and Commandant Instruction                              2005, issue of the Federal Register (70               remain within the regulated area by
                                               M16475.lD, which guide the Coast                        FR 15086).                                            contacting the Captain of the Port Sector
                                               Guard in complying with the National                       Documents mentioned in this NPRM                   Columbia River or a designated
                                               Environmental Policy Act of 1969 (42                    as being available in the docket, and all             representative via VHF radio on channel
                                               U.S.C. 4321–4370f), and have made a                     public comments, will be in our online                16. If authorization is granted by the
                                               preliminary determination that this                     docket at http://www.regulations.gov                  Captain of the Port Sector Columbia
                                               action is one of a category of actions that             and can be viewed by following that                   River or a designated representative, all


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                                               15000                    Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               persons and vessels receiving such                      Gauthier, U.S. Coast Guard Sector Guam                A. Regulatory Planning and Review
                                               authorization must comply with the                      at (671) 355–4866, email                                 Executive Orders 12866 and 13563
                                               instructions of the Captain of the Port                 Kristina.M.Gauthier@uscg.mil.                         direct agencies to assess the costs and
                                               Sector Columbia River or a designated                   SUPPLEMENTARY INFORMATION:                            benefits of available regulatory
                                               representative.                                                                                               alternatives and, if regulation is
                                                 (d) Enforcement period. This safety                   I. Table of Abbreviations
                                                                                                                                                             necessary, to select regulatory
                                               zone as described in paragraph (a) of                   CFR Code of Federal Regulations
                                                                                                                                                             approaches that maximize net benefits.
                                               this section will be enforced from 7 a.m.               DHS Department of Homeland Security
                                                                                                       FR Federal Register                                   Executive Order 13563 emphasizes the
                                               to 7 p.m. each day from June 3, 2016,                                                                         importance of quantifying both costs
                                               through June 5, 2016.                                   NPRM Notice of proposed rulemaking
                                                                                                       § Section                                             and benefits, of reducing costs, of
                                                 Dated: March 4, 2016.                                 U.S.C. United States Code                             harmonizing rules, and of promoting
                                               D.J. Travers,                                                                                                 flexibility. This NPRM has not been
                                                                                                       II. Background, Purpose, and Legal
                                               Captain, U.S. Coast Guard, Captain of the                                                                     designated a ‘‘significant regulatory
                                                                                                       Basis
                                               Port, Sector Columbia River.                                                                                  action,’’ under Executive Order 12866.
                                               [FR Doc. 2016–05880 Filed 3–18–16; 8:45 am]                On February 16, 2016, the Coast                    Accordingly, the NPRM has not been
                                               BILLING CODE 9110–04–P
                                                                                                       Guard was notified of the intent of the               reviewed by the Office of Management
                                                                                                       Manukai Athletic Club and The                         and Budget.
                                                                                                       Manhoben Swim Club to hold the                           This regulatory action determination
                                               DEPARTMENT OF HOMELAND                                  Coco’s Crossing swimming race on May                  is based on the size, location, duration,
                                               SECURITY                                                29, 2016 from 6 a.m. to 1 p.m. in                     and time-of-day of the safety zone.
                                                                                                       Merizo. The race will be from the                     Vessel traffic would be able to safely
                                               Coast Guard                                             Merizo pier to Coco’s Island and back.                transit around this safety zone which
                                                                                                       This safety zone is necessary to protect              would impact a small designated area of
                                               33 CFR Part 165                                         all persons and vessels participating in              the Merizo and Coco’s Lagoon for 7
                                                                                                       this marine event from potential safety               hours in the morning when vessel traffic
                                               [Docket Number USCG–2016–0138]
                                                                                                       hazards associated with vessel traffic in             in the area is low and mainly constitutes
                                               RIN 1625–AA00                                           the area. The Captain of the Port Guam                excursions to Coco’s Island. Moreover,
                                                                                                       has determined that potential hazards                 the Coast Guard would issue a
                                               Safety Zone; Cocos Lagoon, Merizo,                      associated with vessels in the area                   Broadcast Notice to Mariners via VHF–
                                               GU                                                      would be a safety concern for                         FM marine channel 16 about the zone,
                                               AGENCY:   Coast Guard, DHS.                             participants; therefore, a 100-yard                   and the rule would allow vessels to seek
                                                                                                       radius is established around all                      permission to enter the zone.
                                               ACTION:   Notice of proposed rulemaking.                participants.
                                               SUMMARY:   The Coast Guard proposes to                     The purpose of this rulemaking is to               B. Impact on Small Entities
                                               establish a safety zone for Coco’s                      ensure the safety of race participants in                The Regulatory Flexibility Act of
                                               Crossing swim event in the waters of                    the navigable waters within a 100-yard                1980, 5 U.S.C. 601–612, as amended,
                                               Coco’s Lagoon, Guam. This event is                      radius before, during, and after the                  requires Federal agencies to consider
                                               scheduled to take place from 6 a.m. to                  scheduled event. The Coast Guard                      the potential impact of regulations on
                                               1 p.m. on May 29, 2015. This safety                     proposes this rulemaking under                        small entities during rulemaking. The
                                                                                                       authority in 33 U.S.C. 1231.                          term ‘‘small entities’’ comprises small
                                               zone is necessary to protect all persons
                                               and vessels participating in this marine                III. Discussion of Proposed Rule                      businesses, not-for-profit organizations
                                               event from potential safety hazards                        The COTP proposes to establish a                   that are independently owned and
                                               associated with vessel traffic in the area.             safety zone from 6 a.m. to 1 p.m. on May              operated and are not dominant in their
                                               Race participants, chase boats and                      29, 2016. The safety zone would cover                 fields, and governmental jurisdictions
                                               organizers of the event will be exempt                  all navigable waters within a 100-yard                with populations of less than 50,000.
                                               from the safety zone. Entry of persons or               radius of race participants in Merizo                 The Coast Guard certifies under 5 U.S.C.
                                               vessels into this safety zone is                        and Coco’s Lagoon. The duration of the                605(b) that this proposed rule would not
                                               prohibited unless authorized by the                     zone is intended to ensure the safety of              have a significant economic impact on
                                               Captain of the Port (COTP). We invite                   participants before, during, and after the            a substantial number of small entities.
                                               your comments on this proposed                          scheduled 6 a.m. to 1 p.m. race. No                      While some owners or operators of
                                               rulemaking.                                             vessel or person would be permitted to                vessels intending to transit the safety
                                               DATES:  Comments and related material                   enter the safety zone without obtaining               zone may be small entities, for the
                                               must be received by the Coast Guard on                  permission from the COTP or a                         reasons stated in section IV.A above this
                                               or before April 20, 2016.                               designated representative. Race                       proposed rule would not have a
                                                                                                       participants, chase boats and organizers              significant economic impact on any
                                               ADDRESSES: You may submit comments
                                                                                                       of the event are exempt from the safety               vessel owner or operator.
                                               identified by docket number USCG–                                                                                If you think that your business,
                                               2016–0138 using the Federal                             zone. The regulatory text we are
                                                                                                       proposing appears at the end of this                  organization, or governmental
                                               eRulemaking Portal at http://                                                                                 jurisdiction qualifies as a small entity
                                               www.regulations.gov. See the ‘‘Public                   document.
                                                                                                                                                             and that this rule would have a
                                               Participation and Request for                           IV. Regulatory Analyses
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                                                                                                                                             significant economic impact on it,
                                               Comments’’ portion of the                                 We developed this proposed rule after               please submit a comment (see
                                               SUPPLEMENTARY INFORMATION section for
                                                                                                       considering numerous statutes and                     ADDRESSES) explaining why you think it
                                               further instructions on submitting                      Executive orders related to rulemaking.               qualifies and how and to what degree
                                               comments.                                               Below we summarize our analyses                       this rule would economically affect it.
                                               FOR FURTHER INFORMATION CONTACT:    If                  based on a number of these statutes and                  Under section 213(a) of the Small
                                               you have questions about this proposed                  Executive orders and we discuss First                 Business Regulatory Enforcement
                                               rulemaking, call or email Chief Kristina                Amendment rights of protestors.                       Fairness Act of 1996 (Pub. L. 104–121),


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Document Created: 2016-03-19 01:00:57
Document Modified: 2016-03-19 01:00:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 20, 2016.
ContactIf 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]
FR Citation81 FR 14998 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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