Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia River, 31903-31906 [2017-14512]
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
and subsequent loss of control of the
helicopter.
06XX, P/N 332A08–1391–00, or P/N
332A08–1391–01 on any helicopter.
(c) Effective Date
(f) Credit for Actions Previously Completed
Compliance with Airbus Helicopters
Emergency Alert Service Bulletin (EASB) No.
53.01.47, and EASB No. 53A001, both
Revision 4, and both dated September 27,
2011, before the effective date of this AD is
considered acceptable for compliance with
the initial inspections specified in
paragraphs (e)(1) and (e)(2) of this AD, but
does not constitute terminating action for the
repetitive inspections required by this AD.
This AD becomes effective August 15,
2017.
(d) Compliance
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You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(e) Required Actions
(1) Within 15 hours time-in-service (TIS)
and thereafter at intervals not to exceed 15
hours TIS, visually inspect the IGB fairing
and the left- and right-hand attachment
supports for a crack as shown in Figure 2 of
Airbus Helicopters Emergency Alert Service
Bulletin (EASB) No. 53.01.47, Revision 5,
dated March 9, 2015 (EASB No. 53.01.47) or
EASB No. 53A001, Revision 5, dated March
9, 2015 (EASB No. 53A001), as appropriate
for your model helicopter.
(i) If there is a crack in an attachment
support, replace the attachment support.
(ii) If there is a crack in the fairing, replace
the IGB fairing with IGB fairing P/N 332A24–
0322–00 in accordance with the
Accomplishment Instructions, paragraph
3.B.2, of Airbus Helicopters Service Bulletin
No. AS332–53.01.78, Revision 0, dated
March 9, 2015 (SB No. AS332–53.01.78) or
Service Bulletin No. EC225–53–041, Revision
0, dated March 9, 2015 (SB No. EC225–53–
041), as appropriate for your model
helicopter.
(2) For helicopters with IGB fairing P/N
332A24–0303–05XX or P/N 332A24–0303–
06XX, within 15 hours TIS and thereafter at
intervals not to exceed 15 hours TIS, visually
inspect for a crack in the fairing gutter as
shown in Figure 1 of EASB No. 53.01.47 or
EASB No. 53A001. If there is a crack in the
fairing gutter:
(i) Inspect for interference and separation
of the fairing gutter. If there is any
interference between the gutter and the tail
rotor inclined drive shaft tube, replace the
tail rotor inclined drive shaft tube. If there is
any interference between the gutter and a
hydraulic pipe, repair or replace the
hydraulic pipe. If there is any interference
between the gutter and the flight controls,
repair the flight controls in accordance with
FAA-approved procedures. If there is any
separation of the gutter, remove the gutter.
(ii) Replace the IGB fairing with IGB fairing
P/N 332A24–0322–00 in accordance with the
Accomplishment Instructions, paragraph
3.B.2, of SB No. AS332–53.01.78 or SB No.
EC225–53–041.
(3) Within 150 hours TIS, replace the IGB
fairing P/N 332A24–0303–05XX, 332A24–
0303–06XX, 332A08–1391–00, or 332A08–
1391–01 with IGB fairing P/N 332A24–0322–
00 in accordance with the Accomplishment
Instructions, paragraph 3.B.2, of SB No.
AS332–53.01.78 or SB No. EC225–53–041.
(4) Replacing the IGB fairing with IGB
fairing P/N 332A24–0322–00 is terminating
action for the repetitive inspections required
by this AD.
(5) Do not install an IGB fairing P/N
332A24–0303–05XX, P/N 332A24–0303–
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(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: David Hatfield,
Aviation Safety Engineer, Safety Management
Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177;
telephone (817) 222–5116; email 9-ASWFTW-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(h) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2015–0092, dated May 26, 2015. You
may view the EASA AD on the Internet at
https://www.regulations.gov in Docket No.
FAA–2016–6693.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 5350 Aerodynamic Fairings.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Airbus Helicopters Emergency Alert
Service Bulletin No. 53.01.47, Revision 5,
dated March 9, 2015.
Note 1 to paragraphs (j)(2)(i) and (ii):
Airbus Helicopters Emergency Alert Service
Bulletin No. 53.01.47 and No. 53A001, both
Revision 5, and both dated March 9, 2015,
are co-published as one document along with
Airbus Helicopters Emergency Alert Service
Bulletin No. 53.00.48, Revision 5, dated
March 9, 2015, which is not incorporated by
reference in this AD.
(ii) Airbus Helicopters Emergency Alert
Service Bulletin No. 53A001, Revision 5,
dated March 9, 2015.
(iii) Airbus Helicopters Service Bulletin
No. AS332–53.01.78, Revision 0, dated
March 9, 2015.
(iv) Airbus Helicopters Service Bulletin
No. EC225–53–041, Revision 0, dated March
9, 2015.
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(3) For Airbus Helicopters service
information identified in this AD, contact
Airbus Helicopters, 2701 N. Forum Drive,
Grand Prairie, TX 75052; telephone (972)
641–0000 or (800) 232–0323; fax (972) 641–
3775; or at https://
www.airbushelicopters.com/techpub/FO/
scripts/myFO_login.php.
(4) You may view this service information
at FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on May 5,
2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2017–14232 Filed 7–10–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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.
DATES: This rule is effective July 11,
2017.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
ADDRESSES:
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www.regulations.gov, type USCG–2017–
0244 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 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 Information and
Regulatory History
The Coast Guard is establishing a new
special local regulation for nine
recurring marine events in the Sector
Columbia River. On May 9, 2017, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled,
‘‘Special Local Regulations; Safety
Zones; Recurring Marine Events in
Sector Columbia River’’ (82 FR 21495).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to the
regulated areas. During the comment
period that ended June 8, 2017, 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 The Big Float marine event occurring
on July 15, 2017. This event was
previously covered under a Temporary
Final Rule. Delaying this rule would be
impracticable due to the date of the
event.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Sector Columbia
River has determined that large numbers
of spectator vessels and marine traffic
are expected to congregate around these
event locations, and regulated areas are
needed to protect both spectators and
participants from the safety hazards
associated with the event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published May
9, 2017. There are no changes in the
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regulatory text of this rule from the
proposed rule in the NPRM.
The Coast Guard is revising and
renaming 33 CFR 100.1302 to cover
marine events within the Captain of the
Port Zone Columbia River and removing
§§ 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 changes 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 will consolidate and
simplify our existing special local
regulations.
Additionally, this rule reorganizes
and consolidates 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 eliminates 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,
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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
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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
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
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
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget (OMB) has not reviewed it.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated areas.
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 received no comments
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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 regulated
areas may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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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,
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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
regulated areas for swim events and
other marine events. 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.
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List of Subjects in 33 CFR Parts 100 and
165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways, Harbors,
Security measures.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 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
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: https://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
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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]
Number
Date
Event
Sponsor
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.
4 .................
Last Tuesday through
Sunday in July.
Kennewick Hydroplane
Races.
Tri-Cities Water Follies
Association.
5 .................
One Saturday in July ...
The Big Float, group
inner-tube 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.
8 .................
First or second weekend in September.
Portland Dragon Boat
Races.
Hood River County
Chamber of Commerce.
DragonSports USA ......
9 .................
First Saturday after
Labor Day weekend.
Columbia Crossing
Swim.
§§ 100.1303 and 100.1305
■
[Removed]
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:
■
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.
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§§ 165.1341 and 165.1342
■
[Removed]
5. Remove §§ 165.1341 and 165.1342.
Dated: June 28, 2017.
B.C. Mcpherson,
Captain, U.S. Coast Guard, Acting
Commander, Thirteenth Coast Guard District.
[FR Doc. 2017–14512 Filed 7–10–17; 8:45 am]
BILLING CODE 9110–04–P
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3 Rivers Road Runners
Location
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.
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.
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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
This deviation is effective from
6 a.m. to 12:15 p.m. on August 13, 2017.
DATES:
[Docket No. USCG–2017–0644]
Drawbridge Operation Regulation;
Willamette River at Portland, OR
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs two Multnomah
County bridges: Morrison Bridge, mile
12.8, and Hawthorne Bridge, mile 13.1,
both crossing the Willamette River at
Portland, OR. This deviation is
necessary to accommodate the annual
SUMMARY:
PO 00000
Frm 00020
Fmt 4700
Portland Providence Bridge Pedal event.
The deviation allows the bridges to
remain in the closed-to-navigation
position to allow safe roadway
movement of event participants.
Sfmt 4700
The docket for this
deviation, USCG–2017–0644 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
ADDRESSES:
If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\11JYR1.SGM
11JYR1
]]>Agencies
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31903-31906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14512]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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.
DATES: This rule is effective July 11, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 31904]]
www.regulations.gov, type USCG-2017-0244 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 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 Information and Regulatory History
The Coast Guard is establishing a new special local regulation for
nine recurring marine events in the Sector Columbia River. On May 9,
2017, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled, ``Special Local Regulations; Safety Zones; Recurring Marine
Events in Sector Columbia River'' (82 FR 21495). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to the regulated areas. During the comment period that ended
June 8, 2017, 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 The Big Float
marine event occurring on July 15, 2017. This event was previously
covered under a Temporary Final Rule. Delaying this rule would be
impracticable due to the date of the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Columbia River has determined that
large numbers of spectator vessels and marine traffic are expected to
congregate around these event locations, and regulated areas are needed
to protect both spectators and participants from the safety hazards
associated with the event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
9, 2017. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
The Coast Guard is revising and renaming 33 CFR 100.1302 to cover
marine events within the Captain of the Port Zone Columbia River and
removing 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 changes 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 will consolidate and simplify our existing special local
regulations.
Additionally, this rule reorganizes and consolidates 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
eliminates 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, 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.
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
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated areas. 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 received no comments
[[Page 31905]]
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
regulated areas may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 regulated areas for swim events and other marine events.
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 Parts 100 and 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Harbors, Security measures.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 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. [thinsp]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:
https://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
[[Page 31906]]
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]
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
1............... First or second Rose Fest Dragon Portland-Kaohsiung Portland, OR. Regulated area
weekend in June. Boat Races. Sister includes all waters of the
Association. 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 Spring Testing Tri-Cities Water Kennewick, WA. Regulated area
June. Hydroplane races. Follies includes all navigable waters
Association. 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 Richland Regatta Northwest Power Richland, WA. Regulated area
June. Hydroplane races. Boat Association. includes all navigable waters of
the Columbia River in the
vicinity of Howard Amon Park,
between River Miles 337 and 338.
4............... Last Tuesday Kennewick Tri-Cities Water Kennewick, WA. Regulated area
through Sunday in Hydroplane Races. Follies includes all navigable waters
July. Association. 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 The Big Float, Human Access Portland, OR. Regulated area
July. group inner-tube Project. includes all navigable waters of
float. 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 Swim the Snake.... Blue Mountain Perry, WA. Regulated area
August. Resource includes all navigable waters,
Conservation and bank-to-bank of the Snake River,
Development. 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 Roy Webster Cross Hood River County Hood River, OR. Regulated area
Day. Channel Swim. Chamber of includes all waters of the
Commerce. Columbia River between River
Mile 169 and River Mile 170.
8............... First or second Portland Dragon DragonSports USA.. Portland, OR. Regulated area
weekend in Boat Races. includes the western side of the
September. 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 Columbia Crossing 3 Rivers Road Pasco, WA. Regulated area
after Labor Day Swim. Runners. includes all navigable waters,
weekend. 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, and 160.5; Department of Homeland Security Delegation No.
0170.1.
Sec. Sec. 165.1341 and 165.1342 [Removed]
0
5. Remove Sec. Sec. [thinsp]165.1341 and 165.1342.
Dated: June 28, 2017.
B.C. Mcpherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2017-14512 Filed 7-10-17; 8:45 am]
BILLING CODE 9110-04-P
