Safety Zone; Richland Regatta, Columbia River, Richland, WA, 35619-35621 [2016-13108]
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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations
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.
mstockstill on DSK3G9T082PROD with RULES
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
VerDate Sep<11>2014
21:04 Jun 02, 2016
Jkt 238001
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T13–0385 to read as
follows:
■
§ 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
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35619
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
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
E:\FR\FM\03JNR1.SGM
03JNR1
35620
Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations
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 https://
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
msupdxwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
mstockstill on DSK3G9T082PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
VerDate Sep<11>2014
21:04 Jun 02, 2016
Jkt 238001
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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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
E:\FR\FM\03JNR1.SGM
03JNR1
Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations
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).
mstockstill on DSK3G9T082PROD with RULES
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
VerDate Sep<11>2014
21:04 Jun 02, 2016
Jkt 238001
$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
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.
§ 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
2. Add § 165.T13–0162 to read as
follows:
■
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03JNR1
]]>Agencies
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35619-35621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13108]
-----------------------------------------------------------------------
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 https://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
msupdxwwm@uscg.mil.
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
