81 FR 51801 - Safety Zone; Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 151 (August 5, 2016)
Coast Guard
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51801-51802 | |
| FR Document | 2016-18589 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Rules and Regulations] [Pages 51801-51802] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18589] [[Page 51801]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0370] RIN 1625-AA00 Safety Zone; Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a safety zone on the Columbia River in Hood River, OR. This safety zone is necessary to help ensure the safety of the maritime public during a cross channel swim and will do so by prohibiting unauthorized persons and vessels from entering the safety zone unless authorized by the Sector Columbia River Captain of the Port or his designated representatives. DATES: This rule is effective on September 5, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0370 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ken 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 On April 20, 2016, the Hood River County Chamber of Commerce notified the Coast Guard that it will be conducting a cross-channel swim on the Columbia River in Hood River, OR for the Annual Roy Webster Cross-Channel Swim. In response, on May 16, 2016 the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR (81 FR 30503). 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 on June 16, 2016 we received no comments. 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, Sector Columbia River (COTP) has determined that potential hazards associated with cross-channel swims could be a safety concern for the event participants, any other mariners transiting the area during the event hours, and a potential threat to the marine environment. The purpose of this rule is to ensure the safety of event participants, the marine environment and the protection of the navigable waterway 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 May 16, 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 that will be enforced from 6 a.m. to noon on Labor Day each year. The safety zone will encompass all navigable waters of the Columbia River between River Mile 169 and River Mile 170. The duration of the zone is intended to ensure the safety of vessels, participants and these navigable waters before, during, and after the scheduled cross-channel swim. No vessel or person will be permitted to enter the safety zone 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, short duration, and the event's long history. Commercial vessel traffic will be able to transit the area if they obtain permission from the COTP or a designated representative. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard 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 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 [[Page 51802]] small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting approximately 6 hours annually that will prohibit entry within a specific section of the Columbia River in the vicinity of Hood River, OR. It is categorically excluded from further review under paragraph 34(g) 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 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, 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add, under the undesignated center heading Thirteenth Coast Guard District, Sec. 165.1342 to read as follows: Sec. 165.1342 Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR. (a) Regulated area. The following regulated area is a safety zone. The safety zone will encompass all waters of the Columbia River between River Mile 169 and River Mile 170. (b) Definitions. As used in this section-- 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. Non-participant person means a person not registered as a swimmer in the Roy Webster Cross-Channel Swim held on the Columbia River in the vicinity of Hood River, OR, each Labor Day. (c) Regulations. In accordance with the general regulations in 33 CFR part 165, subpart C, 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. (1) 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. (2) The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners and on-scene designated representatives. (d) Enforcement period. This safety zone will be enforced on Labor Day of each year, between the hours of 6 a.m. and Noon. Dated: July 29, 2016. W.R. Timmons, Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River. [FR Doc. 2016-18589 Filed 8-4-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Rules and Regulations 51801
DEPARTMENT OF HOMELAND stated why we issued the NPRM, and Accordingly, it has not been reviewed
SECURITY invited comments on our proposed by the Office of Management and
regulatory action related to this marine Budget.
Coast Guard event. During the comment period that This regulatory action determination
ended on June 16, 2016 we received no is based on the size, location, short
33 CFR Part 165 comments. duration, and the event’s long history.
Commercial vessel traffic will be able to
[Docket Number USCG–2016–0370] III. Legal Authority and Need for Rule transit the area if they obtain permission
RIN 1625–AA00 The Coast Guard is issuing this rule from the COTP or a designated
under authority in 33 U.S.C. 1231. The representative. Moreover, the Coast
Safety Zone; Annual Roy Webster Captain of the Port, Sector Columbia Guard will issue a Broadcast Notice to
Cross-Channel Swim, Columbia River, River (COTP) has determined that Mariners via VHF–FM marine channel
Hood River, OR potential hazards associated with cross- 16 about the zone, and the rule allows
AGENCY: Coast Guard, DHS. channel swims could be a safety vessels to seek permission to enter the
concern for the event participants, any zone.
ACTION: Final rule. other mariners transiting the area during B. Impact on Small Entities
SUMMARY: The Coast Guard is the event hours, and a potential threat
to the marine environment. The purpose The Regulatory Flexibility Act of
establishing a safety zone on the
of this rule is to ensure the safety of 1980, 5 U.S.C. 601–612, as amended,
Columbia River in Hood River, OR. This
event participants, the marine requires Federal agencies to consider
safety zone is necessary to help ensure
environment and the protection of the the potential impact of regulations on
the safety of the maritime public during small entities during rulemaking. The
a cross channel swim and will do so by navigable waterway before, during, and
after the scheduled event. term ‘‘small entities’’ comprises small
prohibiting unauthorized persons and businesses, not-for-profit organizations
vessels from entering the safety zone IV. Discussion of Comments, Changes, that are independently owned and
unless authorized by the Sector and the Rule operated and are not dominant in their
Columbia River Captain of the Port or fields, and governmental jurisdictions
As noted above, we received no
his designated representatives. with populations of less than 50,000.
comments on our NPRM published May
DATES: This rule is effective on 16, 2016. There are no changes in the The Coast Guard received no comments
September 5, 2016. regulatory text of this rule from the from the Small Business Administration
ADDRESSES: To view documents proposed rule in the NPRM. on this rulemaking. The Coast Guard
mentioned in this preamble as being This rule establishes a safety zone that certifies under 5 U.S.C. 605(b) that this
available in the docket, go to http:// will be enforced from 6 a.m. to noon on rule will not have a significant
www.regulations.gov, type USCG–2016– Labor Day each year. The safety zone economic impact on a substantial
0370 in the ‘‘SEARCH’’ box and click will encompass all navigable waters of number of small entities.
‘‘SEARCH.’’ Click on Open Docket the Columbia River between River Mile While some owners or operators of
Folder on the line associated with this 169 and River Mile 170. The duration of vessels intending to transit the safety
rule. the zone is intended to ensure the safety zone may be small entities, for the
FOR FURTHER INFORMATION CONTACT: If of vessels, participants and these reasons stated in section V.A above, this
you have questions on this rule, call or navigable waters before, during, and rule will not have a significant
email Ken Lawrenson, Waterways after the scheduled cross-channel swim. economic impact on any vessel owner
Management Division, Marine Safety No vessel or person will be permitted to or operator.
Unit Portland, U.S. Coast Guard; enter the safety zone without obtaining Under section 213(a) of the Small
telephone 503–240–9319, email permission from the COTP or a Business Regulatory Enforcement
msupdxwwm@uscg.mil. designated representative. Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
SUPPLEMENTARY INFORMATION: V. Regulatory Analyses understanding this rule. If the rule
I. Table of Abbreviations We developed this rule after would affect your small business,
considering numerous statutes and organization, or governmental
CFR Code of Federal Regulations
DHS Department of Homeland Security Executive orders related to rulemaking. jurisdiction and you have questions
FR Federal Register Below we summarize our analyses concerning its provisions or options for
NPRM Notice of proposed rulemaking based on a number of these statutes and compliance, please contact the person
§ Section Executive orders, and we discuss First listed in the FOR FURTHER INFORMATION
U.S.C. United States Code Amendment rights of protestors. CONTACT section.
Small businesses may send comments
II. Background Information and A. Regulatory Planning and Review on the actions of Federal employees
Regulatory History Executive Orders 12866 and 13563 who enforce, or otherwise determine
On April 20, 2016, the Hood River direct agencies to assess the costs and compliance with, Federal regulations to
County Chamber of Commerce notified benefits of available regulatory the Small Business and Agriculture
the Coast Guard that it will be alternatives and, if regulation is Regulatory Enforcement Ombudsman
conducting a cross-channel swim on the necessary, to select regulatory and the Regional Small Business
Columbia River in Hood River, OR for approaches that maximize net benefits. Regulatory Fairness Boards. The
mstockstill on DSK3G9T082PROD with RULES
the Annual Roy Webster Cross-Channel Executive Order 13563 emphasizes the Ombudsman evaluates these actions
Swim. In response, on May 16, 2016 the importance of quantifying both costs annually and rates each agency’s
Coast Guard published a notice of and benefits, of reducing costs, of responsiveness to small business. If you
proposed rulemaking (NPRM) titled harmonizing rules, and of promoting wish to comment on actions by
Safety Zone; Annual Roy Webster Cross- flexibility. This rule has not been employees of the Coast Guard, call 1–
Channel Swim, Columbia River, Hood designated a ‘‘significant regulatory 888–REG–FAIR (1–888–734–3247). The
River, OR (81 FR 30503). There we action,’’ under Executive Order 12866. Coast Guard will not retaliate against
VerDate Sep<11>2014 16:05 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\05AUR1.SGM 05AUR1](https://thefederalregister.org/doc/81_FR_51952/page/1.svg)
![51802 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Rules and Regulations
small entities that question or complain environment. This rule involves a safety Non-participant person means a
about this rule or any policy or action zone lasting approximately 6 hours person not registered as a swimmer in
of the Coast Guard. annually that will prohibit entry within the Roy Webster Cross-Channel Swim
a specific section of the Columbia River held on the Columbia River in the
C. Collection of Information
in the vicinity of Hood River, OR. It is vicinity of Hood River, OR, each Labor
This rule will not call for a new categorically excluded from further Day.
collection of information under the review under paragraph 34(g) of Figure (c) Regulations. In accordance with
Paperwork Reduction Act of 1995 (44 2–1 of the Commandant Instruction. An the general regulations in 33 CFR part
U.S.C. 3501–3520). environmental analysis checklist 165, subpart C, non-participant persons
D. Federalism and Indian Tribal supporting this determination and a and vessels are prohibited from
Governments Categorical Exclusion Determination are entering, transiting through, anchoring
available in the docket where indicated in, or remaining within the regulated
A rule has implications for federalism under ADDRESSES. We seek any area unless authorized by Captain of the
under Executive Order 13132, comments or information that may lead Port, Sector Columbia River or a
Federalism, if it has a substantial direct to the discovery of a significant designated representative.
effect on the States, on the relationship environmental impact from this rule. (1) Non-participant persons and
between the national government and vessels may request authorization to
the States, or on the distribution of G. Protest Activities
enter, transit through, anchor in, or
power and responsibilities among the The Coast Guard respects the First remain within the regulated area by
various levels of government. We have Amendment rights of protesters. contacting the Captain of the Port
analyzed this rule under that Order and Protesters are asked to contact the Sector, Columbia River or a designated
have determined that it is consistent person listed in the FOR FURTHER representative via VHF radio on channel
with the fundamental federalism INFORMATION CONTACT section to 16. If authorization is granted by the
principles and preemption requirements coordinate protest activities so that your Captain of the Port, Sector Columbia
described in Executive Order 13132. message can be received without River or a designated representative, all
Also, this rule does not have tribal jeopardizing the safety or security of persons and vessels receiving such
implications under Executive Order people, places or vessels. authorization must comply with the
13175, Consultation and Coordination instructions of the Captain of the Port
with Indian Tribal Governments, List of Subjects in 33 CFR Part 165
Sector, Columbia River or a designated
because it does not have a substantial Harbors, Marine safety, Navigation representative.
direct effect on one or more Indian (water), Reporting and recordkeeping (2) The Coast Guard will provide
tribes, on the relationship between the requirements, Security measures, notice of the safety zone by Local Notice
Federal Government and Indian tribes, Waterways. to Mariners, Broadcast Notice to
or on the distribution of power and For the reasons discussed in the Mariners and on-scene designated
responsibilities between the Federal preamble, the Coast Guard amends 33 representatives.
Government and Indian tribes. If you CFR part 165 as follows: (d) Enforcement period. This safety
believe this rule has implications for zone will be enforced on Labor Day of
federalism or Indian tribes, please PART 165—REGULATED NAVIGATION each year, between the hours of 6 a.m.
contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS and Noon.
FURTHER INFORMATION CONTACT section.
■ 1. The authority citation for part 165 Dated: July 29, 2016.
E. Unfunded Mandates Reform Act continues to read as follows: W.R. Timmons,
The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Captain, U.S. Coast Guard, Captain of the
of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Port, Sector Columbia River.
Federal agencies to assess the effects of Department of Homeland Security Delegation [FR Doc. 2016–18589 Filed 8–4–16; 8:45 am]
their discretionary regulatory actions. In No. 0170.1. BILLING CODE 9110–04–P
particular, the Act addresses actions ■ 2. Add, under the undesignated center
that may result in the expenditure by a heading Thirteenth Coast Guard District,
State, local, or tribal government, in the § 165.1342 to read as follows: ENVIRONMENTAL PROTECTION
aggregate, or by the private sector of AGENCY
$100,000,000 (adjusted for inflation) or § 165.1342 Annual Roy Webster Cross-
more in any one year. Though this rule Channel Swim, Columbia River, Hood River, 40 CFR Part 257
will not result in such an expenditure, OR.
(a) Regulated area. The following [EPA–HQ–OLEM–2016–0274; FRL–9949–
we do discuss the effects of this rule
44–OLEM]
elsewhere in this preamble. regulated area is a safety zone. The
safety zone will encompass all waters of Hazardous and Solid Waste
F. Environment the Columbia River between River Mile Management System: Disposal of Coal
We have analyzed this rule under 169 and River Mile 170. Combustion Residuals From Electric
Department of Homeland Security (b) Definitions. As used in this Utilities; Extension of Compliance
Management Directive 023–01 and section— Deadlines for Certain Inactive Surface
Commandant Instruction M16475.lD, Designated representative means
Impoundments; Response to Partial
which guide the Coast Guard in Coast Guard Patrol Commanders,
Vacatur
mstockstill on DSK3G9T082PROD with RULES
complying with the National including Coast Guard coxswains, petty
Environmental Policy Act of 1969 (42 officers, and other officers operating AGENCY: Environmental Protection
U.S.C. 4321–4370f), and have Coast Guard vessels, and Federal, state, Agency (EPA).
determined that this action is one of a and local officers designated by or ACTION: Direct final rule.
category of actions that do not assisting the Captain of the Port Sector
individually or cumulatively have a Columbia River in the enforcement of SUMMARY: The Environmental Protection
significant effect on the human the regulated area. Agency (EPA or the Agency) is taking
VerDate Sep<11>2014 16:05 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\05AUR1.SGM 05AUR1](https://thefederalregister.org/doc/81_FR_51952/page/2.svg)
Document Created: 2016-08-05 06:43:53
Document Modified: 2016-08-05 06:43:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on September 5, 2016. | |
| Contact | If you have questions on this rule, call or email Ken Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email [email protected] | |
| FR Citation | 81 FR 51801 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR