Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia River, 21495-21498 [2017-09368]

Download as PDF Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your suggestion(s) from http://www.cftc.gov that it may deem to be inappropriate for publication, such as a suggestion containing obscene language. Any suggestions that contain comments on the merits of an outstanding proposed rulemaking will be retained in the public comment file for that rulemaking and considered as required under the Administrative Procedure Act and other applicable laws. All suggestions that have been redacted or removed that contain comments on the merits of an outstanding proposed rulemaking will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act. Issued in Washington, DC, on May 3, 2017, by the Commission. Robert N. Sidman, Deputy Secretary of the Commission. Appendix to Project KISS—Commission Voting Summary On this matter, Acting Chairman Giancarlo and Commissioner Bowen voted in the affirmative. No Commissioner voted in the negative. [FR Doc. 2017–09318 Filed 5–8–17; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 and 165 [Docket Number USCG–2017–0224] RIN 1625–AA08, AA00 Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia River Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a special local regulation in the Coast Guard Captain of the Port Columbia River Zone for recurring marine events. During the recurring events, these regulated areas would be activated and would restrict vessels from portions of the waterway. These events were previously published as safety zones, temporary safety zones or individual regulated areas and have been revised and consolidated into a single as special local regulation in nlaroche on DSK30NT082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:36 May 08, 2017 Jkt 241001 order to expedite public notification of events and ensure the protection of the maritime public from hazards associated with the annual events. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 8, 2017. ADDRESSES: You may submit comments identified by docket number USCG– 2017–0224 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Laura Springer, Waterways Management Division, Marine Safety Unit Portland, 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 § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis Swim events and marine events are held on an recurring basis on the navigable waters within the Coast Guard COTP Columbia River Zone. In the past, the Coast Guard established special local regulations with regulated areas and safety zones for these recurring events on a case by case basis to ensure the protection of the maritime public and event participants from the hazards associated with these events. The Coast Guard has not received public comments or concerns regarding the impact to waterway traffic from these annually recurring events. This proposed rule would consistently apprise the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The table in this proposed rule would list each annual recurring event requiring a regulated area as administered by the Coast Guard. By establishing permanent regulations containing these events the Coast Guard would eliminate the need to establish temporary rules for events that occur on an annual basis and thereby limit the costs associated with cumulative regulations. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 21495 This rulemaking would remove, add, and consolidate regulations to better meet the Coast Guard’s intended purpose of ensuring safety during these events. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231 and 1233. III. Discussion of Proposed Rule The Coast Guard proposes to revise and rename 33 CFR 100.1302 to cover marine events within the Captain of the Port Zone Columbia River. We also propose to remove §§ 100.1303 (Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races), 100.1305 (Richland, Washington, west coast outboard championship hydro races), 165.1341 (Portland Dragon Boat Races, Portland, OR), and 165.1342 (Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR). These proposed changes will convert two existing safety zones (those currently in §§ 165.1341 and 165.1342) and temporary safety zones established annually for four events (The Big Float, Swim the Snake, Richland Regatta, and Columbia Crossing) into regulated areas in § 100.1302. This is intended to consolidate and simplify our existing special local regulations. We are removing the West Coast Outboard Championship Hydro races regulations in § 100.1305 because that race has not been held for a number of years. By establishing a single permanent regulation containing these events, the Coast Guard will eliminate the need to establish temporary rules for events that occur on an annual basis. This provides opportunity for the public to comment while limiting the unnecessary burden of continually establishing temporary rules every year. Additionally, this rule proposes to reorganize and consolidate existing Sector Columbia River COTP Zone marine event regulations in 33 CFR part 100 and marine event safety zones under 33 CFR part 165. This action will eliminate the burden and confusion caused by the current configuration of numerous individual regulations spread across two CFR parts. As large numbers of spectator vessels and marine traffic are expected to congregate around the event location, the regulated areas are needed to protect both spectators and participants from the safety hazards associated with the event. During the enforcement period of the regulated areas, persons and vessels would be prohibited from entering, transiting through, remaining, anchoring or mooring within the zone unless specifically authorized by the COTP or the designated representative. The Coast Guard may be assisted by other Federal, E:\FR\FM\09MYP1.SGM 09MYP1 21496 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules State and local agencies in the enforcement of these regulated areas. These events are listed below in the text of the regulation. Certain special local regulations are listed without known dates or times. Coast Guard Sector Columbia River will cause notice of the enforcement of these regulated areas to be made by all appropriate means to affect the widest publicity among the effected segments of the public, including publication in the Federal Register, Local Notice to Mariners and Broadcast Notice to Mariners. nlaroche on DSK30NT082PROD with PROPOSALS IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The Coast Guard has previously promulgated special local regulations or safety zones, in 33 CFR parts 100 and 165, for all event areas contained within this proposed regulation and has not received notice of any negative impact caused by any of the safety zones or special local regulations. By establishing a permanent regulation containing all of these events, the Coast Guard will eliminate the need to establish individual temporary rules for each separate event that occurs on an annual basis, thereby limiting the costs of cumulative regulations. Vessels will only be restricted from special local regulation areas for a short duration of time. Vessels may transit in portions of the affected waterway except for those areas covered by the proposed regulated areas. Notifications of exact dates and times of the enforcement period will be made through notices of enforcements published in the Federal Register. In addition, we will inform the local maritime community via the Local VerDate Sep<11>2014 13:36 May 08, 2017 Jkt 241001 Notice to Mariners, Broadcast Notice to Mariners, or both. No new or additional restrictions would be imposed on vessel traffic. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated areas may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves regulated areas for swim events and other marine events. Normally such actions are categorically excluded from further review under paragraph 34(h) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and 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 proposed rule. E:\FR\FM\09MYP1.SGM 09MYP1 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 and Part 165 Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Waterways, Harbors, Security measures. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Revise § 100.1302 to read as follows: ■ § 100.1302 Special Local Regulations; Marine Events Within the Captain of the Port Zone Columbia River. This section applies to the marine events listed in Table 1 of this section. The regulations in this section will be enforced for the duration of each event, on or about the dates indicated in Table 1 of this section. Annual notice of the exact dates and times of the effective period of the regulations in this section with respect to each event, the geographical description of each regulated area, and details concerning the nature of the event and the number of participants and type(s) of vessels involved will be provided to the local maritime community through the Local Notice to Mariners, Broadcast Notice to Mariners, or both, well in advance of the events. If the event does not have a date listed, then the exact dates and times of the enforcement will be announced through a Notice of Enforcement in the Federal Register. Mariners should 21497 consult the Federal Register or their LNM to remain apprised of minor schedule or event changes. Thirteenth Coast Guard District LNM can be found at: http://www.navcen.uscg.gov/. The application requirements of § 100.15 apply to all marine events listed in the Table of this section. (a) The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander (PATCOM). PATCOM may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM.’’ Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the Captain of the Port, Sector Columbia River. (b) PATCOM may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. (c) PATCOM may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior. (d) Vessels may not transit the regulated areas without PATCOM approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not endanger participants or other crafts in the event. (e) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through LNM, unless authorized by an official patrol vessel. TABLE 1 [All coordinates listed in the Table reference Datum NAD 1983] No./Date Event Sponsor Location nlaroche on DSK30NT082PROD with PROPOSALS 1. First or second weekend in June. Rose Fest Dragon Boat Races. Portland-Kaohsiung Sister Association. 2. One day in May or June Spring Testing Hydroplane races. Tri-Cities Water Follies Association. 3. Second weekend in June Richland Regatta Hydroplane races. Northwest Power Boat Association. VerDate Sep<11>2014 13:36 May 08, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Portland, OR. Regulated area includes all waters of the Willamette River shore to shore, bordered on the north by the Hawthorne Bridge, and on the south by the Marquam Bridge. Kennewick, WA. Regulated area includes 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. Richland, WA. Regulated area includes all navigable waters of the Columbia River in the vicinity of Howard Amon Park, between River Miles 337 and 338. E:\FR\FM\09MYP1.SGM 09MYP1 21498 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules TABLE 1—Continued [All coordinates listed in the Table reference Datum NAD 1983] No./Date Event Sponsor Location Kennewick, WA. Regulated area includesall 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. Portland, OR. Regulated area includes all navigable waters of the Willamette River, in Portland, Oregon, enclosed by the Hawthorne Bridge, the Marquam Bridge, and west of a line beginning at the Hawthorne Bridge at approximate location 45°30′50″ N.; 122°40′21″ W., and running south to the Marquam Bridge at approximate location 45°30′27″ N.; 122°40′11″ W. Perry, WA. Regulated area includes all navigable waters, bank-to-bank of the Snake River, 500 yards upstream and 500 yards downstream from the Washington State Highway 261 Bridge at the approximate position of 46°35′23″ N.; 118°13′10″ W. Hood River, OR. Regulated area includes all waters of the Columbia River between River Mile 169 and River Mile 170. Portland, OR. Regulated area includes the western side of the Willamette River extending from Tom McCall Waterfront Park between the Hawthorne and Marquam Bridges, Portland, OR: line one starting at 45–30′49″ N./122–40′24″ W. then heading east to 45–30′49″ N./122–40′22″ W. then heading south to 45–30′29″ N./122–40′08″ W. then heading west to 45–30′26″ N./122–40′14″ W. then heading north ending at 45–30′49″ N./122–40′24″ W. Pasco, WA. Regulated area includes all navigable waters, bank-to-bank of the Columbia River in Pasco, Washington, between river mile 332 and river mile 335. 4. Last Tuesday through Sunday in July. Kennewick Hydroplane Races. Tri-Cities Water Follies Association. 5. One Saturday in July ....... The Big Float, group innertube float. Human Access Project ...... 6. Second Saturday in August. Swim the Snake ................ Blue Mountain Resource Conservation and Development. 7. Annually on Labor Day .... Roy Webster Cross Channel Swim. Hood River County Chamber of Commerce. 8. First or second weekend in September. Portland Dragon Boat Races. DragonSports USA ............ 9. First Saturday after Labor Day weekend. Columbia Crossing Swim .. 3 Rivers Road Runners ..... §§ 100.1303 and 100.1305 ■ [Removed] DEPARTMENT OF COMMERCE 3. Remove §§ 100.1303 and 100.1305 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 4. The authority citation for part 165 continues to read as follows: ■ ■ [Removed] 5. Remove §§ 165.1341 and 165.1342 Dated: April 21, 2017. B.C. McPherson, Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard District. nlaroche on DSK30NT082PROD with PROPOSALS [FR Doc. 2017–09368 Filed 5–8–17; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 13:36 May 08, 2017 Jkt 241001 50 CFR Part 648 [Docket No. 170314267–7267–01] Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6; Department of Homeland Security Delegation No. 0170.1. §§ 165.1341 and 165.1342 National Oceanic and Atmospheric Administration RIN 0648–BG48 Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 10 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: We are proposing to approve and implement regulations submitted by the New England and Mid-Atlantic Fishery Management Councils in Framework Adjustment 10 to the Monkfish Fishery Management Plan. This action would set monkfish specifications for fishing years 2017– 2019 (May 1, 2017, through April 30, SUMMARY: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 2020). This action would also increase current days-at-sea allocations and trip limits to provide additional operational flexibility and fishing opportunities. This action is needed to allow the fishery to more effectively harvest its optimum yield. DATES: Public comments must be received by May 24, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2017–0026, by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20170026, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930–2276. Mark the outside of the envelope: ‘‘Comments on Monkfish Framework 10.’’ E:\FR\FM\09MYP1.SGM 09MYP1

Agencies

[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21495-21498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09368]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100 and 165

[Docket Number USCG-2017-0224]
RIN 1625-AA08, AA00


Special Local Regulations; Safety Zones; Recurring Marine Events 
in Sector Columbia River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation in the Coast Guard Captain of the Port Columbia River Zone 
for recurring marine events. During the recurring events, these 
regulated areas would be activated and would restrict vessels from 
portions of the waterway. These events were previously published as 
safety zones, temporary safety zones or individual regulated areas and 
have been revised and consolidated into a single as special local 
regulation in order to expedite public notification of events and 
ensure the protection of the maritime public from hazards associated 
with the annual events. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0224 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Laura Springer, Waterways Management Division, 
Marine Safety Unit Portland, 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, Purpose, and Legal Basis

    Swim events and marine events are held on an recurring basis on the 
navigable waters within the Coast Guard COTP Columbia River Zone. In 
the past, the Coast Guard established special local regulations with 
regulated areas and safety zones for these recurring events on a case 
by case basis to ensure the protection of the maritime public and event 
participants from the hazards associated with these events. The Coast 
Guard has not received public comments or concerns regarding the impact 
to waterway traffic from these annually recurring events.
    This proposed rule would consistently apprise the public in a 
timely manner through permanent publication in Title 33 of the Code of 
Federal Regulations. The table in this proposed rule would list each 
annual recurring event requiring a regulated area as administered by 
the Coast Guard.
    By establishing permanent regulations containing these events the 
Coast Guard would eliminate the need to establish temporary rules for 
events that occur on an annual basis and thereby limit the costs 
associated with cumulative regulations.
    This rulemaking would remove, add, and consolidate regulations to 
better meet the Coast Guard's intended purpose of ensuring safety 
during these events. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1231 and 1233.

III. Discussion of Proposed Rule

    The Coast Guard proposes to revise and rename 33 CFR 100.1302 to 
cover marine events within the Captain of the Port Zone Columbia River. 
We also propose to remove Sec. Sec.  100.1303 (Annual Kennewick, 
Washington, Columbia Unlimited Hydroplane Races), 100.1305 (Richland, 
Washington, west coast outboard championship hydro races), 165.1341 
(Portland Dragon Boat Races, Portland, OR), and 165.1342 (Annual Roy 
Webster Cross-Channel Swim, Columbia River, Hood River, OR).
    These proposed changes will convert two existing safety zones 
(those currently in Sec. Sec.  165.1341 and 165.1342) and temporary 
safety zones established annually for four events (The Big Float, Swim 
the Snake, Richland Regatta, and Columbia Crossing) into regulated 
areas in Sec.  100.1302. This is intended to consolidate and simplify 
our existing special local regulations. We are removing the West Coast 
Outboard Championship Hydro races regulations in Sec.  100.1305 because 
that race has not been held for a number of years.
    By establishing a single permanent regulation containing these 
events, the Coast Guard will eliminate the need to establish temporary 
rules for events that occur on an annual basis. This provides 
opportunity for the public to comment while limiting the unnecessary 
burden of continually establishing temporary rules every year.
    Additionally, this rule proposes to reorganize and consolidate 
existing Sector Columbia River COTP Zone marine event regulations in 33 
CFR part 100 and marine event safety zones under 33 CFR part 165. This 
action will eliminate the burden and confusion caused by the current 
configuration of numerous individual regulations spread across two CFR 
parts.
    As large numbers of spectator vessels and marine traffic are 
expected to congregate around the event location, the regulated areas 
are needed to protect both spectators and participants from the safety 
hazards associated with the event. During the enforcement period of the 
regulated areas, persons and vessels would be prohibited from entering, 
transiting through, remaining, anchoring or mooring within the zone 
unless specifically authorized by the COTP or the designated 
representative. The Coast Guard may be assisted by other Federal,

[[Page 21496]]

State and local agencies in the enforcement of these regulated areas. 
These events are listed below in the text of the regulation.
    Certain special local regulations are listed without known dates or 
times. Coast Guard Sector Columbia River will cause notice of the 
enforcement of these regulated areas to be made by all appropriate 
means to affect the widest publicity among the effected segments of the 
public, including publication in the Federal Register, Local Notice to 
Mariners and Broadcast Notice to Mariners.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard has previously promulgated special local 
regulations or safety zones, in 33 CFR parts 100 and 165, for all event 
areas contained within this proposed regulation and has not received 
notice of any negative impact caused by any of the safety zones or 
special local regulations. By establishing a permanent regulation 
containing all of these events, the Coast Guard will eliminate the need 
to establish individual temporary rules for each separate event that 
occurs on an annual basis, thereby limiting the costs of cumulative 
regulations.
    Vessels will only be restricted from special local regulation areas 
for a short duration of time. Vessels may transit in portions of the 
affected waterway except for those areas covered by the proposed 
regulated areas. Notifications of exact dates and times of the 
enforcement period will be made through notices of enforcements 
published in the Federal Register. In addition, we will inform the 
local maritime community via the Local Notice to Mariners, Broadcast 
Notice to Mariners, or both. No new or additional restrictions would be 
imposed on vessel traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves regulated 
areas for swim events and other marine events. Normally such actions 
are categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and 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 proposed 
rule.

[[Page 21497]]

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100 and Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Revise Sec.  100.1302 to read as follows:


Sec.  100.1302  Special Local Regulations; Marine Events Within the 
Captain of the Port Zone Columbia River.

    This section applies to the marine events listed in Table 1 of this 
section. The regulations in this section will be enforced for the 
duration of each event, on or about the dates indicated in Table 1 of 
this section. Annual notice of the exact dates and times of the 
effective period of the regulations in this section with respect to 
each event, the geographical description of each regulated area, and 
details concerning the nature of the event and the number of 
participants and type(s) of vessels involved will be provided to the 
local maritime community through the Local Notice to Mariners, 
Broadcast Notice to Mariners, or both, well in advance of the events. 
If the event does not have a date listed, then the exact dates and 
times of the enforcement will be announced through a Notice of 
Enforcement in the Federal Register. Mariners should consult the 
Federal Register or their LNM to remain apprised of minor schedule or 
event changes. Thirteenth Coast Guard District LNM can be found at: 
http://www.navcen.uscg.gov/. The application requirements of Sec.  
100.15 apply to all marine events listed in the Table of this section.
    (a) The Coast Guard may patrol each event area under the direction 
of a designated Coast Guard Patrol Commander (PATCOM). PATCOM may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.'' 
Official patrol vessels may consist of any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned or approved 
by the Captain of the Port, Sector Columbia River.
    (b) PATCOM may control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel 
shall come to an immediate stop and comply with the lawful directions 
issued. Failure to comply with a lawful direction may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) PATCOM may delay or terminate any marine event in this subpart 
at any time it is deemed necessary to ensure the safety of life or 
property. Such action may be justified as a result of weather, traffic 
density, spectator operation or participant behavior.
    (d) Vessels may not transit the regulated areas without PATCOM 
approval. Vessels permitted to transit must operate at a no wake speed, 
in a manner which will not endanger participants or other crafts in the 
event.
    (e) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through LNM, unless authorized by an official patrol 
vessel.

                                                     Table 1
                         [All coordinates listed in the Table reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
              No./Date                        Event                  Sponsor                   Location
----------------------------------------------------------------------------------------------------------------
1. First or second weekend in June.  Rose Fest Dragon Boat   Portland-Kaohsiung      Portland, OR. Regulated
                                      Races.                  Sister Association.     area includes all waters
                                                                                      of the Willamette River
                                                                                      shore to shore, bordered
                                                                                      on the north by the
                                                                                      Hawthorne Bridge, and on
                                                                                      the south by the Marquam
                                                                                      Bridge.
2. One day in May or June..........  Spring Testing          Tri-Cities Water        Kennewick, WA. Regulated
                                      Hydroplane races.       Follies Association.    area includes 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.
3. Second weekend in June..........  Richland Regatta        Northwest Power Boat    Richland, WA. Regulated
                                      Hydroplane races.       Association.            area includes all
                                                                                      navigable waters of the
                                                                                      Columbia River in the
                                                                                      vicinity of Howard Amon
                                                                                      Park, between River Miles
                                                                                      337 and 338.

[[Page 21498]]

 
4. Last Tuesday through Sunday in    Kennewick Hydroplane    Tri-Cities Water        Kennewick, WA. Regulated
 July.                                Races.                  Follies Association.    area includesall 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.
5. One Saturday in July............  The Big Float, group    Human Access Project..  Portland, OR. Regulated
                                      inner-tube float.                               area includes all
                                                                                      navigable waters of the
                                                                                      Willamette River, in
                                                                                      Portland, Oregon, enclosed
                                                                                      by the Hawthorne Bridge,
                                                                                      the Marquam Bridge, and
                                                                                      west of a line beginning
                                                                                      at the Hawthorne Bridge at
                                                                                      approximate location
                                                                                      45[deg]30'50'' N.;
                                                                                      122[deg]40'21'' W., and
                                                                                      running south to the
                                                                                      Marquam Bridge at
                                                                                      approximate location
                                                                                      45[deg]30'27'' N.;
                                                                                      122[deg]40'11'' W.
6. Second Saturday in August.......  Swim the Snake........  Blue Mountain Resource  Perry, WA. Regulated area
                                                              Conservation and        includes all navigable
                                                              Development.            waters, bank-to-bank of
                                                                                      the Snake River, 500 yards
                                                                                      upstream and 500 yards
                                                                                      downstream from the
                                                                                      Washington State Highway
                                                                                      261 Bridge at the
                                                                                      approximate position of
                                                                                      46[deg]35'23'' N.;
                                                                                      118[deg]13'10'' W.
7. Annually on Labor Day...........  Roy Webster Cross       Hood River County       Hood River, OR. Regulated
                                      Channel Swim.           Chamber of Commerce.    area includes all waters
                                                                                      of the Columbia River
                                                                                      between River Mile 169 and
                                                                                      River Mile 170.
8. First or second weekend in        Portland Dragon Boat    DragonSports USA......  Portland, OR. Regulated
 September.                           Races.                                          area includes the western
                                                                                      side of the Willamette
                                                                                      River extending from Tom
                                                                                      McCall Waterfront Park
                                                                                      between the Hawthorne and
                                                                                      Marquam Bridges, Portland,
                                                                                      OR: line one starting at
                                                                                      45-30'49'' N./122-40'24''
                                                                                      W. then heading east to 45-
                                                                                      30'49'' N./122-40'22'' W.
                                                                                      then heading south to 45-
                                                                                      30'29'' N./122-40'08'' W.
                                                                                      then heading west to 45-
                                                                                      30'26'' N./122-40'14'' W.
                                                                                      then heading north ending
                                                                                      at 45-30'49'' N./122-
                                                                                      40'24'' W.
9. First Saturday after Labor Day    Columbia Crossing Swim  3 Rivers Road Runners.  Pasco, WA. Regulated area
 weekend.                                                                             includes all navigable
                                                                                      waters, bank-to-bank of
                                                                                      the Columbia River in
                                                                                      Pasco, Washington, between
                                                                                      river mile 332 and river
                                                                                      mile 335.
----------------------------------------------------------------------------------------------------------------

Sec. Sec.  100.1303 and 100.1305   [Removed]

0
3. Remove Sec. Sec.  100.1303 and 100.1305

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
4. 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; Department of Homeland Security Delegation No. 0170.1.


Sec. Sec.  165.1341 and 165.1342  [Removed]

0
5. Remove Sec. Sec.  165.1341 and 165.1342

    Dated: April 21, 2017.
B.C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-09368 Filed 5-8-17; 8:45 am]
 BILLING CODE 9110-04-P