81_FR_35726 81 FR 35619 - Safety Zone; Richland Regatta, Columbia River, Richland, WA

81 FR 35619 - Safety Zone; Richland Regatta, Columbia River, Richland, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range35619-35621
FR Document2016-13108

The Coast Guard is establishing a temporary 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 hydroplane boat races from June 3, 2016, through June 5, 2016. This action is necessary to provide for the safety of life on the navigable waters of the Columbia River during the event. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Columbia River or a 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 35619-35621]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13108]


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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: Temporary final rule.

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

[[Page 35620]]

SUMMARY: The Coast Guard is establishing a temporary 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 hydroplane 
boat races from June 3, 2016, through June 5, 2016. This action is 
necessary to provide for the safety of life on the navigable waters of 
the Columbia River during the event. This regulation prohibits persons 
and vessels from being in the safety zone unless authorized by the 
Captain of the Port Sector Columbia River or a designated 
representative.

DATES: This rule is effective from June 3, 2016, through June 5, 2016. 
The rule will be enforced from 7 a.m. to 7 p.m. each day it is 
effective.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0162 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
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 Information and Regulatory History

    On December 21, 2015, the Northwest Power Boat Association notified 
the Coast Guard that it will be conducting hydroplane boat races from 7 
a.m. to 7 p.m. daily from June 3, 2016 through June 5, 2016, as part of 
the Richland Regatta. The races will be held in the vicinity of Howard 
Amon Park, Richland, WA. In response, on March 21, 2016, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone; Richland Regatta, Columbia River, Richland, WA (81 FR 14998). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this marine event. During the 
comment period that ended April 20, 2016, we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Due to delays in 
processing this regulation, it would be impracticable to delay the 
effective date until 30 days after publication, as this delay would 
eliminate the safety zone's effectiveness and usefulness in preventing 
the potential dangers to the public caused by the racing of vessels at 
high speeds.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The Captain of the Port Columbia River (COTP) has 
determined that potential hazards associated with the hydroplane races 
on June 3, 2016, through June 5, 2016, will be a safety concern for all 
waterway users on the Columbia River between River Miles 337 and 338 
during the event. The hydroplane races pose 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 purpose of this rule is to ensure the safety of 
vessels and the navigable waters before, during and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
21, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 7 a.m. to 7 p.m. on June 
3, 2016, through June 5, 2016. 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. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters during the scheduled hydroplane races. No vessel or person will 
be permitted to enter, transit through, anchor in, or remain within the 
regulated area unless authorized by Captain of the Port Sector Columbia 
River or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize on 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 following 
factors. The safety zone will only be effective for twelve hours daily 
over a three day period, and while non-participant vessels will be 
unable to enter, transit 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. The Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this 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 
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

[[Page 35621]]

concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and 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 safety zone from 7 a.m. to 7 p.m. daily from June 3, 
2016 through June 5, 2016. The safety zone would cover all navigable 
waters of the Columbia River in the vicinity of Howard Amon Park, 
Richland, WA. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. 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 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


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 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 on 
June 3, 2016, through June 5, 2016.

    Dated: May 27, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-13108 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                                               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
mstockstill on DSK3G9T082PROD with RULES




                                                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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                                                35620                 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations

                                                SUMMARY:   The Coast Guard is                           publication in the Federal Register. Due               necessary, to select regulatory
                                                establishing a temporary safety zone for                to delays in processing this regulation,               approaches that maximize net benefits.
                                                certain waters of the Columbia River in                 it would be impracticable to delay the                 Executive Order 13563 emphasizes the
                                                the vicinity of Howard Amon Park,                       effective date until 30 days after                     importance of quantifying both costs
                                                Richland, WA, between River Miles 337                   publication, as this delay would                       and benefits, of reducing costs, of
                                                and 338, during hydroplane boat races                   eliminate the safety zone’s effectiveness              harmonizing rules, and of promoting
                                                from June 3, 2016, through June 5, 2016.                and usefulness in preventing the                       flexibility. This rule has not been
                                                This action is necessary to provide for                 potential dangers to the public caused                 designated a ‘‘significant regulatory
                                                the safety of life on the navigable waters              by the racing of vessels at high speeds.               action,’’ under Executive Order 12866.
                                                of the Columbia River during the event.                                                                        Accordingly, it has not been reviewed
                                                This regulation prohibits persons and                   III. Legal Authority and Need for Rule                 by the Office of Management and
                                                vessels from being in the safety zone                      The Coast Guard is issuing this rule                Budget.
                                                unless authorized by the Captain of the                 under the authority in 33 U.S.C. 1231.                    This regulatory action determination
                                                Port Sector Columbia River or a                         The Captain of the Port Columbia River                 is based on the following factors. The
                                                designated representative.                              (COTP) has determined that potential                   safety zone will only be effective for
                                                DATES: This rule is effective from June                 hazards associated with the hydroplane                 twelve hours daily over a three day
                                                3, 2016, through June 5, 2016. The rule                 races on June 3, 2016, through June 5,                 period, and while non-participant
                                                will be enforced from 7 a.m. to 7 p.m.                  2016, will be a safety concern for all                 vessels will be unable to enter, transit
                                                each day it is effective.                               waterway users on the Columbia River                   through, anchor in, or remain within the
                                                ADDRESSES: To view documents                            between River Miles 337 and 338 during                 event area without authorization from
                                                mentioned in this preamble as being                     the event. The hydroplane races pose                   the Captain of the Port Sector Columbia
                                                available in the docket, go to http://                  significant dangers to the maritime                    River or a designated representative,
                                                www.regulations.gov, type USCG–2016–                    public including excessive noise,                      they may operate in the surrounding
                                                0162 in the ‘‘SEARCH’’ box and click                    vessels racing at high speeds in                       areas during the enforcement period.
                                                ‘‘SEARCH.’’ Click on Open Docket                        proximity to other vessels, and flying                 Additionally, non-participant vessels
                                                Folder on the line associated with this                 debris in the event of an accident. The                may still enter, transit through, anchor
                                                rule.                                                   purpose of this rule is to ensure the                  in, or remain within the event area
                                                                                                        safety of vessels and the navigable                    during the enforcement period if
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        waters before, during and after the                    authorized by the COTP Sector
                                                you have questions about this rule, call
                                                                                                        scheduled event.                                       Columbia River or a designated
                                                or email Mr. Ken Lawrenson,
                                                                                                                                                               representative. The Coast Guard would
                                                Waterways Management Division, MSU                      IV. Discussion of Comments, Changes,                   issue a Broadcast Notice to Mariners via
                                                Portland, OR, U.S. Coast Guard;                         and the Rule                                           VHF–FM marine channel 16 about the
                                                telephone 503–240–9319, email
                                                                                                          As noted above, we received no                       zone.
                                                msupdxwwm@uscg.mil.
                                                                                                        comments on our NPRM published                         B. Impact on Small Entities
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        March 21, 2016. There are no changes
                                                I. Table of Abbreviations                               in the regulatory text of this rule from                  The Regulatory Flexibility Act of
                                                                                                        the proposed rule in the NPRM.                         1980, 5 U.S.C. 601–612, as amended,
                                                CFR Code of Federal Regulations                                                                                requires Federal agencies to consider
                                                DHS Department of Homeland Security
                                                                                                          This rule establishes a safety zone
                                                                                                        from 7 a.m. to 7 p.m. on June 3, 2016,                 the potential impact of regulations on
                                                FR Federal Register
                                                NPRM Notice of proposed rulemaking                      through June 5, 2016. The safety zone                  small entities during rulemaking. The
                                                § Section                                               will include all navigable waters of the               term ‘‘small entities’’ comprises small
                                                U.S.C. United States Code                               Columbia River in the vicinity of                      businesses, not-for-profit organizations
                                                                                                        Howard Amon Park, Richland, WA                         that are independently owned and
                                                II. Background Information and                                                                                 operated and are not dominant in their
                                                Regulatory History                                      between River Miles 337 and 338. The
                                                                                                        duration of the zone is intended to                    fields, and governmental jurisdictions
                                                   On December 21, 2015, the Northwest                  ensure the safety of vessels and these                 with populations of less than 50,000.
                                                Power Boat Association notified the                     navigable waters during the scheduled                  The Coast Guard received no comments
                                                Coast Guard that it will be conducting                  hydroplane races. No vessel or person                  from the Small Business Administration
                                                hydroplane boat races from 7 a.m. to 7                  will be permitted to enter, transit                    on this rulemaking. The Coast Guard
                                                p.m. daily from June 3, 2016 through                    through, anchor in, or remain within the               certifies under 5 U.S.C. 605(b) that this
                                                June 5, 2016, as part of the Richland                   regulated area unless authorized by                    rule would not have a significant
                                                Regatta. The races will be held in the                  Captain of the Port Sector Columbia                    economic impact on a substantial
                                                vicinity of Howard Amon Park,                           River or a designated representative.                  number of small entities.
                                                Richland, WA. In response, on March                                                                               While some owners or operators of
                                                21, 2016, the Coast Guard published a                   V. Regulatory Analyses                                 vessels intending to transit the safety
                                                notice of proposed rulemaking (NPRM)                      We developed this rule after                         zone may be small entities, for the
                                                titled Safety Zone; Richland Regatta,                   considering numerous statutes and                      reasons stated in section V.A. above this
                                                Columbia River, Richland, WA (81 FR                     Executive orders related to rulemaking.                rule will not have a significant
                                                14998). There we stated why we issued                   Below we summarize on analyses based                   economic impact on any vessel owner
                                                the NPRM, and invited comments on                       on a number of these statutes and                      or operator.
                                                our proposed regulatory action related                  Executive orders, and we discuss First                    Under section 213(a) of the Small
mstockstill on DSK3G9T082PROD with RULES




                                                to this marine event. During the                        Amendment rights of protestors.                        Business Regulatory Enforcement
                                                comment period that ended April 20,                                                                            Fairness Act of 1996 (Pub. L. 104–121),
                                                2016, we received no comments.                          A. Regulatory Planning and Review                      we want to assist small entities in
                                                   We are issuing this rule, and under 5                   Executive Orders 12866 and 13563                    understanding this rule. If the rule
                                                U.S.C. 553(d)(3), the Coast Guard finds                 direct agencies to assess the costs and                would affect your small business,
                                                that good cause exists for making it                    benefits of available regulatory                       organization, or governmental
                                                effective less than 30 days after                       alternatives and, if regulation is                     jurisdiction and you have questions


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                                                                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations                                               35621

                                                concerning its provisions or options for                $100,000,000 (adjusted for inflation) or               § 165.T13–0162 Safety Zone; Richland
                                                compliance, please contact the person                   more in any one year. Though this rule                 Regatta, Columbia River, Richland, WA.
                                                listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,                   (a) Regulated area. The following
                                                CONTACT section.                                        we do discuss the effects of this rule                 regulated area is a safety zone. The
                                                   Small businesses may send comments                   elsewhere in this preamble.
                                                on the actions of Federal employees                                                                            safety zone will include all navigable
                                                who enforce, or otherwise determine                     F. Environment                                         waters of the Columbia River in the
                                                compliance with, Federal regulations to                   We have analyzed this rule under                     vicinity of Howard Amon Park,
                                                the Small Business and Agriculture                      Department of Homeland Security                        Richland, WA, between River Miles 337
                                                Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                        and 338.
                                                and the Regional Small Business                         Commandant Instruction M16475.lD,                         (b) Definitions. (1) The term
                                                Regulatory Fairness Boards. The                         which guide the Coast Guard in                         ‘‘designated representative’’ means
                                                Ombudsman evaluates these actions                       complying with the National                            Coast Guard Patrol Commanders,
                                                annually and rates each agency’s                        Environmental Policy Act of 1969 (42                   including Coast Guard coxswains, petty
                                                responsiveness to small business. If you                U.S.C. 4321–4370f), and determined                     officers, and other officers operating
                                                wish to comment on actions by                           that this action is one of a category of               Coast Guard vessels, and Federal, state,
                                                employees of the Coast Guard, call 1–                   actions that do not individually or                    and local officers designated by or
                                                888–REG–FAIR (1–888–734–3247). The                      cumulatively have a significant effect on
                                                                                                                                                               assisting the Captain of the Port Sector
                                                Coast Guard will not retaliate against                  the human environment. This rule
                                                                                                                                                               Columbia River in the enforcement of
                                                small entities that question or complain                involves a safety zone from 7 a.m. to 7
                                                                                                                                                               the regulated area.
                                                about this rule or any policy or action                 p.m. daily from June 3, 2016 through
                                                of the Coast Guard.                                     June 5, 2016. The safety zone would                       (2) The term ‘‘Non-participant persons
                                                                                                        cover all navigable waters of the                      and vessels’’ means a vessel or person
                                                C. Collection of Information                            Columbia River in the vicinity of                      not participating in the event as a
                                                  This rule will not call for a new                     Howard Amon Park, Richland, WA. It is                  participant, spectator, or event attendee.
                                                collection of information under the                     categorically excluded from further                       (c) Regulations. (1) In accordance with
                                                Paperwork Reduction Act of 1995 (44                     review under paragraph 34(g) of Figure                 the general regulations in subpart C of
                                                U.S.C. 3501–3520).                                      2–1 of Commandant Instruction                          this part, non-participant persons and
                                                D. Federalism and Indian Tribal                         M16475.lD. An environmental analysis                   vessels are prohibited from entering,
                                                Governments                                             checklist supporting this determination
                                                                                                                                                               transiting through, anchoring in, or
                                                                                                        and a Categorical Exclusion
                                                   A rule has implications for federalism                                                                      remaining within the regulated area
                                                                                                        Determination are available in the
                                                under Executive Order 13132,                                                                                   unless authorized by Captain of the Port
                                                                                                        docket where indicated under
                                                Federalism, if it has a substantial direct              ADDRESSES. We seek any comments or
                                                                                                                                                               Sector Columbia River or a designated
                                                effect on the States, on the relationship               information that may lead to the                       representative.
                                                between the national government and                     discovery of a significant environmental                  (2) Non-participant persons and
                                                the States, or on the distribution of                   impact from this rule.                                 vessels may request authorization to
                                                power and responsibilities among the                                                                           enter, transit through, anchor in, or
                                                various levels of government. We have                   G. Protest Activities
                                                                                                                                                               remain within the regulated area by
                                                analyzed this rule under that Order and                   The Coast Guard respects the First                   contacting the Captain of the Port Sector
                                                have determined that it is consistent                   Amendment rights of protesters.                        Columbia River or a designated
                                                with the fundamental federalism                         Protesters are asked to contact the                    representative via VHF radio on channel
                                                principles and preemption requirements                  person listed in the FOR FURTHER                       16. If authorization is granted by the
                                                described in Executive Order 13132.                     INFORMATION CONTACT section to
                                                   Also, this rule does not have tribal                                                                        Captain of the Port Sector Columbia
                                                                                                        coordinate protest activities so that your
                                                implications under Executive Order                                                                             River or a designated representative, all
                                                                                                        message can be received without
                                                13175, Consultation and Coordination                                                                           persons and vessels receiving such
                                                                                                        jeopardizing the safety or security of
                                                with Indian Tribal Governments,                         people, places, or vessels.                            authorization must comply with the
                                                because it does not have a substantial                                                                         instructions of the Captain of the Port
                                                direct effect on one or more Indian                     List of Subjects in 33 CFR Part 165                    Sector Columbia River or a designated
                                                tribes, on the relationship between the                   Harbors, Marine safety, Navigation                   representative.
                                                Federal Government and Indian tribes,                   (water), Reporting and recordkeeping                      (d) Enforcement period. This safety
                                                or on the distribution of power and                     requirements, Security measures,                       zone as described in paragraph (a) of
                                                responsibilities between the Federal                    Waterways.                                             this section will be enforced from 7 a.m.
                                                Government and Indian tribes. If you                      For the reasons discussed in the                     to 7 p.m. each day on June 3, 2016,
                                                believe this rule has implications for                  preamble, the Coast Guard amends 33                    through June 5, 2016.
                                                federalism or Indian tribes, please                     CFR part 165 as follows:
                                                contact the person listed in the FOR                                                                             Dated: May 27, 2016.
                                                FURTHER INFORMATION CONTACT section.                    PART 165—REGULATED NAVIGATION                          D.J. Travers,
                                                                                                        AREAS AND LIMITED ACCESS AREAS                         Captain, U.S. Coast Guard, Captain of the
                                                E. Unfunded Mandates Reform Act
                                                                                                                                                               Port, Sector Columbia River.
                                                  The Unfunded Mandates Reform Act                      ■ 1. The authority citation for part 165
                                                                                                                                                               [FR Doc. 2016–13108 Filed 6–2–16; 8:45 am]
mstockstill on DSK3G9T082PROD with RULES




                                                of 1995 (2 U.S.C. 1531–1538) requires                   continues to read as follows:
                                                                                                                                                               BILLING CODE 9110–04–P
                                                Federal agencies to assess the effects of                 Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                their discretionary regulatory actions. In              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                particular, the Act addresses actions                   Department of Homeland Security Delegation
                                                that may result in the expenditure by a                 No. 0170.1.
                                                State, local, or tribal government, in the              ■ 2. Add § 165.T13–0162 to read as
                                                aggregate, or by the private sector of                  follows:


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Document Created: 2018-02-08 07:29:44
Document Modified: 2018-02-08 07:29:44
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 final rule.
DatesThis rule is effective from June 3, 2016, through June 5, 2016. The rule will be enforced from 7 a.m. to 7 p.m. each day it is effective.
ContactIf you have questions about this rule, 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 35619 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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