81_FR_35724 81 FR 35617 - Special Local Regulation; Tri-City Water Follies Spring Testing, Kennewick, WA

81 FR 35617 - Special Local Regulation; Tri-City Water Follies Spring Testing, Kennewick, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35617-35619
FR Document2016-13201

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

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35617-35619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13201]


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 DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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

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

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

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

[[Page 35618]]

SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Kenneth Lawrenson, Waterways Management Division, 
Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

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

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration. The special local regulation for the Tri-City 
Water Follies Test event will only be effective from 7 a.m. to 6 p.m. 
on the date of the test event. Furthermore, the Tri-City Water Follies 
Test event is directly related to the main Tri-City Water Follies 
Hydroplane racing event which has occurred annually for the last 50 
years and is extremely well received in the Kennewick-Pasco-Richland 
metropolitan area. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the special local 
regulation area and the rule allows vessels to seek permission from the 
COTP or his designated representative to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

[[Page 35619]]

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a Special Local Regulation for a limited access area 
lasting less than 12 hours that will prohibit vessels from entering an 
area encompassing Columbia River mile 330 and 332 unless given 
permission to do so by the Captain of the Port Columbia River or his 
designated representative. It is categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

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

PART 100--REGATTAS AND MARINE PARADES

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

    Authority: 33 U.S.C. 1233.


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


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

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

    Dated: May 25, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-13201 Filed 6-2-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations                                               35617

                                                adding ‘‘§ 126.18’’ in its place in                       (v) Classified information is sent or                   (5) Not the recipient of any permanent
                                                paragraph (5).                                          taken outside the United States in                     transfer of hardware.
                                                                                                        accordance with the requirements of the                  Dated: May 23, 2016.
                                                § 124.12   [Amended]                                    Department of Defense National                         Rose E. Gottemoeller,
                                                ■ 11. Section 124.12 is amended by                      Industrial Security Program Operating
                                                                                                                                                               Under Secretary, Arms Control and
                                                removing paragraph (a)(10).                             Manual (unless such requirements are                   International Security, Department of State.
                                                                                                        in direct conflict with guidance
                                                § 124.16   [Removed and Reserved]                                                                              [FR Doc. 2016–12732 Filed 6–2–16; 8:45 am]
                                                                                                        provided by the Directorate of Defense
                                                ■ 12. Section 124.16 is removed and                                                                            BILLING CODE 4710–25–P
                                                                                                        Trade Controls, in which case such
                                                reserved.                                               guidance must be followed).
                                                                                                        *     *     *     *    *
                                                PART 125—LICENSES FOR THE                                                                                      DEPARTMENT OF HOMELAND
                                                EXPORT OF TECHNICAL DATA AND                            PART 126—GENERAL POLICIES AND                          SECURITY
                                                CLASSIFIED DEFENSE ARTICLES                             PROVISIONS
                                                                                                                                                               Coast Guard
                                                ■ 13. The authority citation for part 125               ■ 15. The authority citation for part 126
                                                continues to read as follows:                           continues to read as follows:                          33 CFR Part 100
                                                  Authority: Secs. 2 and 38, 90, 90 Stat. 744             Authority: Secs. 2, 38, 40, 42, and 71, Pub.         [Docket Number USCG–2016–0385]
                                                (22 U.S.C. 2752, 2778); 22 U.S.C. 2651a; E.O.           L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
                                                13637, 78 FR 16129.                                     2780, 2791, and 2797); 22 U.S.C. 2651a; 22             RIN 1625–AA08
                                                ■ 14. Section 125.4 is amended by                       U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR,
                                                                                                        1994 Comp., p. 899; Sec. 1225, Pub. L. 108–            Special Local Regulation; Tri-City
                                                revising paragraph (b)(9) to read as                                                                           Water Follies Spring Testing,
                                                                                                        375; Sec. 7089, Pub. L. 111–117; Pub. L. 111–
                                                follows:                                                266; Sections 7045 and 7046, Pub. L. 112–74;           Kennewick, WA
                                                § 125.4 Exemptions of general                           E.O. 13637, 78 FR 16129.
                                                                                                                                                               AGENCY: Coast Guard, DHS.
                                                applicability.                                          ■ 16. Section 126.18 is amended by
                                                                                                        removing ‘‘§ 124.16’’ in paragraph (a)                 ACTION:Temporary interim rule; request
                                                *       *    *     *    *                                                                                      for comments.
                                                   (b) * * *                                            and adding ‘‘paragraph (d) of this
                                                   (9) Technical data, including                        section’’ in its place, and adding                     SUMMARY:   The Coast Guard is
                                                classified information, regardless of                   paragraph (d).                                         establishing a Special Local Regulation
                                                media or format, exported, reexported,                    The addition reads as follows:                       for all navigable waters within the
                                                or retransferred by or to a U.S. person,                § 126.18 Exemptions regarding intra-                   Columbia River in the vicinity of
                                                or a foreign person employee of a U.S.                  company, intra-organization, and intra-                Columbia Park, commencing at the
                                                person travelling or on temporary                       governmental transfers to employees who                Interstate 395 Bridge and continuing up
                                                assignment abroad, subject to the                       are dual nationals or third-country                    river approximately 2.0 miles and
                                                following restrictions:                                 nationals.                                             terminating at the northern end of Wade
                                                   (i) Foreign persons may only export,                 *      *    *     *     *                              Island, during the Tri-City Water Follies
                                                reexport, retransfer, or receive such                      (d) Notwithstanding any other                       Spring Testing event. The special local
                                                technical data as they are authorized to                provisions of this subchapter, no                      regulation is needed to protect
                                                receive through a separate license or                   approval is needed from the Directorate                personnel, vessels, and the marine
                                                other approval.                                         of Defense Trade Controls (DDTC) for                   environment from potential hazards
                                                   (ii) The technical data exported,                    the reexport of unclassified defense                   created by high-speed watercraft. Entry
                                                reexported, or retransferred under this                 articles or defense services to                        of vessels or persons into this area is
                                                authorization may only be possessed or                  individuals who are dual national or                   prohibited unless specifically
                                                used by a U.S. person or authorized                     third-country national employees of a                  authorized by the Captain of the Port
                                                foreign person. Sufficient security                     foreign business entity, foreign                       Columbia River or his designated
                                                precautions must be taken to prevent                    governmental entity, or international                  representative.
                                                the unauthorized release of the                         organization, that is an authorized end-
                                                technical data. Such security                                                                                  DATES:  This rule is effective from June
                                                                                                        user, foreign signatory, or consignee
                                                precautions may include encryption of                                                                          3, 2016 through June 10, 2016 at 6 p.m.
                                                                                                        (including approved sub-licensees) for
                                                the technical data; the use of secure                                                                          This rule will be enforced from June 10,
                                                                                                        those defense articles or defense
                                                network connections, such as virtual                                                                           2016 at 7 a.m. through June 10, 2016 at
                                                                                                        services, when such individuals are:
                                                private networks; the use of passwords                     (1) Bona fide regular employees                     6 p.m. Comments and related material
                                                or other access restrictions on the                     directly employed by the foreign                       must be received by the Coast Guard on
                                                electronic device or media on which the                 business entity, foreign governmental                  or before July 5, 2016.
                                                technical data is stored; and the use of                entity, or international organization;                 ADDRESSES: To view documents
                                                firewalls and other network security                       (2) Nationals exclusively of countries              mentioned in this preamble as being
                                                measures to prevent unauthorized                        that are members of NATO, the                          available in the docket, go to http://
                                                access.                                                 European Union, Australia, Japan, New                  www.regulations.gov, type USCG–2016–
                                                   (iii) The individual is an employee of               Zealand, or Switzerland;                               0385 in the ‘‘SEARCH’’ box and click
                                                the U.S. government or is directly                         (3) Within the physical territories of              ‘‘SEARCH.’’ Click on Open Docket
                                                employed by a U.S. person and not by                    the countries listed in paragraph (d)(2)               Folder on the line associated with this
mstockstill on DSK3G9T082PROD with RULES




                                                a foreign subsidiary.                                   of this section or the United States                   rule. You may submit comments
                                                   (iv) Technical data authorized under                 during the reexport;                                   identified by docket number USCG–
                                                this exception may not be used for                         (4) Signatory to a Non-Disclosure                   2016–0385 using the Federal
                                                foreign production purposes or for                      Agreement, unless their employer is a                  eRulemaking Portal at http://
                                                defense services unless authorized                      signatory or sublicensee to an agreement               www.regulations.gov. See the ‘‘Public
                                                through a license or other separate                     under § 124.1 authorizing those defense                Participation and Request for
                                                approval.                                               articles or defense services; and                      Comments’’ portion of the


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                                                35618                 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations

                                                SUPPLEMENTARY INFORMATION section for                   and 332 during the event hours. This                   Guard will issue Broadcast Notice to
                                                further instructions on submitting                      rule is needed to protect personnel,                   Mariners via VHF–FM marine channel
                                                comments.                                               vessels, and the marine environment in                 16 about the special local regulation
                                                FOR FURTHER INFORMATION CONTACT: If                     the navigable waters within the special                area and the rule allows vessels to seek
                                                you have questions on this rule, call or                local regulation area during the event                 permission from the COTP or his
                                                email Mr. Kenneth Lawrenson,                            hours.                                                 designated representative to enter the
                                                Waterways Management Division,                          IV. Discussion of the Rule                             area.
                                                Marine Safety Unit Portland, U.S. Coast                    This rule establishes a special local               B. Impact on Small Entities
                                                Guard; telephone 503–240–9319, email                    regulation area from 7 a.m. to 6 p.m. on
                                                msupdxwwm@uscg.mil.                                                                                               The Regulatory Flexibility Act of
                                                                                                        June 10, 2016. The special local                       1980, 5 U.S.C. 601–612, as amended,
                                                SUPPLEMENTARY INFORMATION:                              regulation area will cover all navigable
                                                                                                                                                               requires Federal agencies to consider
                                                I. Table of Abbreviations                               waters within the Columbia River in the
                                                                                                                                                               the potential impact of regulations on
                                                                                                        vicinity of Columbia Park, commencing
                                                CFR Code of Federal Regulations                                                                                small entities during rulemaking. The
                                                                                                        at the Interstate 395 Bridge and
                                                DHS Department of Homeland Security                                                                            term ‘‘small entities’’ comprises small
                                                FR Federal Register                                     continuing up river approximately 2.0
                                                                                                                                                               businesses, not-for-profit organizations
                                                NPRM Notice of proposed rulemaking                      miles and terminating at the northern
                                                                                                                                                               that are independently owned and
                                                § Section                                               end of Wade Island. The duration of the
                                                                                                                                                               operated and are not dominant in their
                                                U.S.C. United States Code                               special local regulation area is intended
                                                                                                                                                               fields, and governmental jurisdictions
                                                                                                        to protect personnel, vessels, and the
                                                II. Background Information and                                                                                 with populations of less than 50,000.
                                                                                                        marine environment in these navigable
                                                Regulatory History                                                                                             The Coast Guard certifies under 5 U.S.C.
                                                                                                        waters for the entirety of the Tri-City
                                                   The Coast Guard is issuing this                                                                             605(b) that this rule will not have a
                                                                                                        Water Follies Spring Testing event. No
                                                temporary rule without prior notice and                                                                        significant economic impact on a
                                                                                                        vessel or person will be permitted to
                                                opportunity to comment pursuant to                                                                             substantial number of small entities.
                                                                                                        enter the special local regulation area
                                                authority under section 4(a) of the                     specified in this rule without obtaining                  While some owners or operators of
                                                Administrative Procedure Act (APA) (5                   permission from the COTP or a                          vessels intending to transit the safety
                                                U.S.C. 553(b)). This provision                          designated representative.                             zone may be small entities, for the
                                                authorizes an agency to issue a rule                                                                           reasons stated in section V.A above, this
                                                without prior notice and opportunity to                 V. Regulatory Analyses                                 rule will not have a significant
                                                comment when the agency for good                          We developed this rule after                         economic impact on any vessel owner
                                                cause finds that those procedures are                   considering numerous statutes and                      or operator.
                                                ‘‘impracticable, unnecessary, or contrary               Executive orders related to rulemaking.                   Under section 213(a) of the Small
                                                to the public interest.’’ Under 5 U.S.C.                Below we summarize our analyses                        Business Regulatory Enforcement
                                                553(b)(B), the Coast Guard finds that                   based on a number of these statutes and                Fairness Act of 1996 (Pub. L. 104–121),
                                                good cause exists for not publishing a                  Executive orders, and we discuss First                 we want to assist small entities in
                                                Notice of Proposed Rulemaking (NPRM)                    Amendment rights of protestors.                        understanding this rule. If the rule
                                                with respect to this rule because to do                                                                        would affect your small business,
                                                                                                        A. Regulatory Planning and Review
                                                so would be impracticable. The NPRM                                                                            organization, or governmental
                                                process would be contrary to public                        Executive Orders 12866 and 13563
                                                                                                                                                               jurisdiction and you have questions
                                                interest in this situation due to the                   direct agencies to assess the costs and
                                                                                                                                                               concerning its provisions or options for
                                                extremely hazardous conditions this                     benefits of available regulatory
                                                                                                                                                               compliance, please contact the person
                                                event could potentially pose if held                    alternatives and, if regulation is
                                                                                                                                                               listed in the FOR FURTHER INFORMATION
                                                without an enforceable special local                    necessary, to select regulatory
                                                                                                                                                               CONTACT section.
                                                regulation area. Furthermore, the event                 approaches that maximize net benefits.
                                                                                                        Executive Order 13563 emphasizes the                      Small businesses may send comments
                                                staff submitted the application for
                                                                                                        importance of quantifying both costs                   on the actions of Federal employees
                                                marine event on March 18, 2016,
                                                                                                        and benefits, of reducing costs, of                    who enforce, or otherwise determine
                                                limiting the Coast Guard to two months
                                                                                                        harmonizing rules, and of promoting                    compliance with, Federal regulations to
                                                to complete an NPRM and full comment
                                                                                                        flexibility. This rule has not been                    the Small Business and Agriculture
                                                period, which is the main factor in our
                                                                                                        designated a ‘‘significant regulatory                  Regulatory Enforcement Ombudsman
                                                decision to forego the NPRM process.
                                                   We are issuing this rule, and under 5                action,’’ under Executive Order 12866.                 and the Regional Small Business
                                                U.S.C. 553(d)(3), the Coast Guard finds                 Accordingly, it has not been reviewed                  Regulatory Fairness Boards. The
                                                that good cause exists for making it                    by the Office of Management and                        Ombudsman evaluates these actions
                                                effective less than 30 days after                       Budget.                                                annually and rates each agency’s
                                                publication in the Federal Register.                       This regulatory action determination                responsiveness to small business. If you
                                                Delaying the effective date until 30 days               is based on the size, location, and                    wish to comment on actions by
                                                after publication would be                              duration. The special local regulation                 employees of the Coast Guard, call 1–
                                                impracticable, for the reasons stated                   for the Tri-City Water Follies Test event              888–REG–FAIR (1–888–734–3247). The
                                                above.                                                  will only be effective from 7 a.m. to 6                Coast Guard will not retaliate against
                                                                                                        p.m. on the date of the test event.                    small entities that question or complain
                                                III. Legal Authority and Need for Rule                  Furthermore, the Tri-City Water Follies                about this rule or any policy or action
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                                                   The Coast Guard is issuing this rule                 Test event is directly related to the main             of the Coast Guard.
                                                under authority in 33 U.S.C. 1231. The                  Tri-City Water Follies Hydroplane                      C. Collection of Information
                                                Captain of the Port Columbia River                      racing event which has occurred
                                                (COTP) has determined that potential                    annually for the last 50 years and is                    This rule will not call for a new
                                                hazards associated with high-speed                      extremely well received in the                         collection of information under the
                                                watercraft will be a safety concern for                 Kennewick-Pasco-Richland                               Paperwork Reduction Act of 1995 (44
                                                anyone within Columbia River mile 330                   metropolitan area. Moreover, the Coast                 U.S.C. 3501–3520).


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                                                                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations                                               35619

                                                D. Federalism and Indian Tribal                         designated representative. It is                       regulation area is prohibited unless
                                                Governments                                             categorically excluded from further                    permission has been authorized by the
                                                   A rule has implications for federalism               review under paragraph 34(h) of Figure                 Captain of the Port or his designated
                                                under Executive Order 13132,                            2–1 of the Commandant Instruction. An                  representative.
                                                Federalism, if it has a substantial direct              environmental analysis checklist                          (1) The following applies to the
                                                effect on the States, on the relationship               supporting this determination and a                    special local regulation area identified
                                                between the national government and                     Categorical Exclusion Determination are                in paragraph (a)(1) of this section.
                                                the States, or on the distribution of                   available in the docket where indicated                   (i) This special local regulation area is
                                                power and responsibilities among the                    under ADDRESSES. We seek any                           designed to restrict vessel traffic,
                                                various levels of government. We have                   comments or information that may lead                  including all non-motorized vessels,
                                                analyzed this rule under that Order and                 to the discovery of a significant                      except as may be permitted by the
                                                have determined that it is consistent                   environmental impact from this rule.                   Captain of the Port Columbia River or
                                                with the fundamental federalism                                                                                his designated representative.
                                                                                                        G. Protest Activities
                                                principles and preemption requirements                                                                            (ii) Within this area all vessels will
                                                                                                          The Coast Guard respects the First                   transit at the minimum speed necessary
                                                described in Executive Order 13132.                     Amendment rights of protesters.
                                                   Also, this rule does not have tribal                                                                        to maintain headway without creating a
                                                                                                        Protesters are asked to contact the                    wake.
                                                implications under Executive Order                      person listed in the FOR FURTHER
                                                13175, Consultation and Coordination                                                                              (iii) A succession of sharp, short
                                                                                                        INFORMATION CONTACT section to                         signals by whistle, siren, or horn from
                                                with Indian Tribal Governments,                         coordinate protest activities so that your
                                                because it does not have a substantial                                                                         vessels patrolling the area under the
                                                                                                        message can be received without                        direction of the U.S. Coast Guard Patrol
                                                direct effect on one or more Indian                     jeopardizing the safety or security of
                                                tribes, on the relationship between the                                                                        Commander shall serve as a signal to
                                                                                                        people, places or vessels.                             stop. Vessels signaled shall stop and
                                                Federal Government and Indian tribes,
                                                or on the distribution of power and                     List of Subjects in 33 CFR Part 100                    shall comply with the orders of the
                                                responsibilities between the Federal                                                                           patrol vessel personnel; failure to do so
                                                                                                          Marine safety, Navigation (water),                   may result in expulsion from the area,
                                                Government and Indian tribes. If you                    Reporting and recordkeeping
                                                believe this rule has implications for                                                                         citation for failure to comply, or both.
                                                                                                        requirements, Waterways.                                  (2) [Reserved]
                                                federalism or Indian tribes, please                       For the reasons discussed in the
                                                contact the person listed in the FOR                                                                              (c) Enforcement. Any Coast Guard
                                                                                                        preamble, the Coast Guard amends 33                    commissioned, warrant, or petty officer
                                                FURTHER INFORMATION CONTACT section                     CFR part 100 as follows:
                                                above.                                                                                                         may enforce the rules in this section. In
                                                                                                                                                               the navigable waters of the United
                                                E. Unfunded Mandates Reform Act                         PART 100—REGATTAS AND MARINE                           States to which this section applies,
                                                                                                        PARADES                                                when immediate action is required and
                                                  The Unfunded Mandates Reform Act
                                                of 1995 (2 U.S.C. 1531–1538) requires                   ■ 1. The authority citation for part 100               representatives of the Coast Guard are
                                                Federal agencies to assess the effects of               continues to read as follows:                          not present or are not present in
                                                their discretionary regulatory actions. In                                                                     sufficient force to provide effective
                                                                                                            Authority: 33 U.S.C. 1233.                         enforcement of this section, any Federal
                                                particular, the Act addresses actions
                                                that may result in the expenditure by a                 ■ 2. Add § 100.T13–0385 to read as                     Law Enforcement Officer or Washington
                                                State, local, or tribal government, in the              follows:                                               Law Enforcement Officer may enforce
                                                aggregate, or by the private sector of                                                                         the rules contained in this section
                                                                                                        § 100.T13–0385 Special Local Regulation;
                                                $100,000,000 (adjusted for inflation) or                Tri-City Water Follies Spring Testing,
                                                                                                                                                               pursuant to 46 U.S.C. 70118. In
                                                more in any one year. Though this rule                  Kennewick, WA.                                         addition, the Captain of the Port may be
                                                will not result in such expenditure, we                                                                        assisted by other federal, state, or local
                                                                                                           (a) Regulated area. The following is
                                                do discuss the effects of this rule                                                                            agencies in enforcing this section.
                                                                                                        designated as a special local regulation
                                                elsewhere in this preamble.                             area:                                                    Dated: May 25, 2016.
                                                                                                           (1) Location. The special local                     D.J. Travers,
                                                F. Environment
                                                                                                        regulation area covered by this rule will              Captain, U.S. Coast Guard, Captain of the
                                                  We have analyzed this rule under                      cover all navigable waters within the                  Port, Sector Columbia River.
                                                Department of Homeland Security                         Columbia River in the vicinity of                      [FR Doc. 2016–13201 Filed 6–2–16; 8:45 am]
                                                Management Directive 023–01 and                         Columbia Park, commencing at the                       BILLING CODE 9110–04–P
                                                Commandant Instruction M16475.lD,                       Interstate 395 Bridge and continuing up
                                                which guide the Coast Guard in                          river approximately 2.0 miles and
                                                complying with the National                             terminating at the northern end of Wade                DEPARTMENT OF HOMELAND
                                                Environmental Policy Act of 1969(42                     Island.                                                SECURITY
                                                U.S.C. 4321–4370f), and have                               (2) Enforcement period. This special
                                                determined that this action is one of a                 local regulation area is in effect on June             Coast Guard
                                                category of actions that do not                         10, 2016 from 7 a.m. to 6 p.m. The rule
                                                individually or cumulatively have a                     will be enforced for the duration of the               33 CFR Part 165
                                                significant effect on the human                         Tri-City Water Follies Spring Testing                  [Docket Number USCG–2016–0162]
                                                environment. This rule involves a                       event. The Coast Guard will inform
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                                                Special Local Regulation for a limited                  mariners of any change to this period of               RIN 1625–AA00
                                                access area lasting less than 12 hours                  enforcement via Broadcast Notice to
                                                that will prohibit vessels from entering                Mariners.                                              Safety Zone; Richland Regatta,
                                                an area encompassing Columbia River                        (b) Regulations. In accordance with                 Columbia River, Richland, WA
                                                mile 330 and 332 unless given                           the general regulations in 33 CFR part                 AGENCY:    Coast Guard, DHS.
                                                permission to do so by the Captain of                   100, to enter, transit through, anchor in,
                                                                                                                                                               ACTION:   Temporary final rule.
                                                the Port Columbia River or his                          or remain within the special local


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Document Created: 2018-02-08 07:29:59
Document Modified: 2018-02-08 07:29:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary interim rule; request for comments.
DatesThis rule is effective from June 3, 2016 through June 10, 2016 at 6 p.m. This rule will be enforced from June 10, 2016 at 7 a.m. through June 10, 2016 at 6 p.m. Comments and related material must be received by the Coast Guard on or before July 5, 2016.
ContactIf you have questions on this rule, call or email Mr. Kenneth Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation81 FR 35617 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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