Special Local Regulation; Roy Webster Cross Channel Swim, Columbia River, Cascade Locks, OR, 30058-30060 [2019-13627]
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0063 that contains RC procedures and
tests: Except as required by paragraph (j)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Related Information
jbell on DSK3GLQ082PROD with PROPOSALS
(1) For information about EASA AD 2019–
0063, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49
221 89990 6017; email: ADs@easa.europa.eu;
Internet: www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu. You may view this
EASA AD at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of
this material at the FAA, call 206–231–3195.
EASA AD 2019–0063 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0484.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3229.
Issued in Des Moines, Washington, on June
18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–13422 Filed 6–25–19; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0431]
RIN 1625–AA08
Special Local Regulation; Roy Webster
Cross Channel Swim, Columbia River,
Cascade Locks, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary regulated area
for certain waters of the Columbia River.
This action is necessary to provide for
the safety of participants and the
maritime public during a cross-channel
swim. This proposed rulemaking would
prohibit non-participant persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Columbia River or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 26, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0431 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LCDR Dixon
Whitley, Waterways Management
Division, Marine Safety Unit Portland,
Coast Guard; telephone 503–240–9319,
email msupdxwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
The Roy Webster Cross-Channel
Swim is an annual event that has been
running for the last 74 years on the
Columbia River in the vicinity of Hood
River, OR occurring on or around Labor
Day. Participants are ferried across the
Columbia River from the Hood River
PO 00000
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Fmt 4702
Sfmt 4702
Marina to the Washington shore at the
start of the event. Once on the other
side, the participants jump off the ferry
and swim back across the river
following a swim lane that is lined with
volunteers in sailboats, kayaks and
paddleboards. Approximately 300
swimmers participate in this event
annually. On April 4, 2019, the Hood
River Chamber of Commerce notified
the Coast Guard that it will be moving
the swim location from Hood River, OR,
to Cascade Locks, OR.
The purpose of this rulemaking is to
relocate the regulated area from Hood
River, OR to Cascade Locks, OR to
ensure the safety of event participants,
the marine environment and the
protection of the navigable waterway
during the scheduled event for 2019.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Thirteenth Coast Guard District
Commander is proposing to establish a
regulated area from 5:30 a.m. to noon on
September 2, 2019. As the event
consists of participants swimming
across the navigable channel, the Coast
Guard feels that it would be necessary
to establish a regulated area that would
cover all navigable waters of the
Columbia River between river mile 149
and river mile 151 during the event.
Since 2017, a regulated area between
River Mile 169 and River Mile 170 has
been established for this event under 33
CFR 100.1302. Because the location of
the event has been changed for 2019, we
will not be enforcing the § 100.1302
regulations for the Roy Webster Cross
Channel Swim event this year, and
instead are issuing this notice of
proposed rulemaking (NPRM) to
establish a temporary rule for 2019.
This NPRM proposes to create a
temporary regulated area in the vicinity
of Cascade Locks, OR, rather than Hood
River, OR, for this year’s event in
accordance with the request of the
organizers. The regulatory text we are
proposing appears at the end of this
document.
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
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
jbell on DSK3GLQ082PROD with PROPOSALS
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.
This regulatory action determination
is based on the size, location, short
duration, and the event’s long history.
Commercial vessel traffic would be able
to transit the area with permission from
the COTP or a designated
representative. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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 safety
zone 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
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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 Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
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30059
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 a regulated area lasting
approximately six hours that would
prohibit entry within a specified section
of the Columbia River in the vicinity of
Cascade Locks, OR. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed 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.
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’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.
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
transit of event participants or official
patrol vessels in the regulated areas
during the effective date and time.
D.G. Throop,
RADM, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2019–13627 Filed 6–25–19; 8:45 am]
BILLING CODE 9110–04–P
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
38 CFR Part 9
RIN 2900–AQ49
2. Add § 100.T13–0431 to read as
follows:
■
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§ 165.T13–0431 Special Local Regulation;
Roy Webster Cross Channel Swim,
Columbia River, Cascade Locks, OR.
(a) Regulated area. These waters are
in the in the vicinity of Cascade Locks,
OR on the Columbia River between
River Mile 149 and River Mile 151.
(b) Effective period. This regulation
will be in effect from 5:30 a.m. to noon
on September 2, 2019.
(c) Special Local regulations. (1) Nonparticipant personnel and vessels are
prohibited from entering the regulated
area unless authorized by the Coast
Guard Patrol Commander (PATCOM).
(2) The Coast Guard may patrol
regulated area under the direction of a
designated PATCOM. The 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.
(3) 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.
(4) PATCOM may delay or terminate
the event 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.
(5) 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.
(6) Spectators or other vessels shall
not anchor, block, loiter, or impede the
VerDate Sep<11>2014
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Service Members Group Life
Insurance—Definition of Stillborn Child
for Purposes of Coverage
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend the
regulation defining ‘‘member’s stillborn
child’’ for purposes of the
Servicemembers’ Group Life Insurance
(SGLI) program. The current definition
of a ‘‘member’s stillborn child’’ is that
a fetus must weigh at least 350 grams or,
if the fetal weight is unknown, duration
in utero is at least 20 completed weeks
of gestation. VA proposes to amend the
definition to allow reliance upon the
fetus’ gestational age even if the fetus’
weight is known. As a result, a fetus
whose duration in utero is 20 completed
weeks of gestation but who weighs less
than 350 grams would qualify as a
‘‘member’s stillborn child.’’
DATES: Comments must be received on
or before August 26, 2019.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to: Director, Office of
Regulation Policy and Management
(00REG), Department of Veterans
Affairs, 810 Vermont Ave. NW, Room
1064, Washington, DC 20420; or by fax
to (202) 273–9026. (This is not a toll-free
telephone number.) Comments should
indicate that they are submitted in
response to ‘‘RIN 2900–AQ49—
Servicemembers’ Group Life Insurance,
Definition of Stillborn Child.’’
All comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1064, between the
hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
telephone number.) In addition,
comments may be viewed online
through the Federal Docket Management
SUMMARY:
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System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ruth Berkheimer, Insurance Specialist,
Department of Veterans Affairs
Insurance Center (310/290B), 5000
Wissahickon Avenue, Philadelphia, PA
19144, (215) 842–2000, ext. 4275. (This
is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The
Veterans’ Survivor Benefits
Improvements Act of 2001, Public Law
107–14, 4, 115 Stat. 25, 26–28,
authorized automatic insurance
coverage for spouses and dependent
children of servicemembers (hereinafter
‘‘servicemembers’’ or ‘‘members’’)
enrolled in Servicemembers’ Group Life
Insurance (SGLI). This insurance is
referred to as Family Servicemembers’
Group Life Insurance (FSGLI), which
provides a maximum of $100,000 of
coverage for a spouse, not to exceed the
servicemember’s SGLI coverage amount,
and $10,000 for each dependent child.
The servicemember pays the premium
for spousal coverage, while dependent
children are insured at no cost.
Members cannot decline or reduce
coverage for dependent children if the
member is insured under SGLI. See 38
U.S.C. 1967(a)(3)(B). Dependent child
coverage begins on the date of birth or,
‘‘if the child is not the natural child of
the member, the date on which the child
acquires status as an insurable
dependent of the member.’’ 38 U.S.C.
1967(a)(5)(F).
Section 402 of the Veterans’ Benefits
Improvement Act of 2008, Public Law
110–389, 122 Stat. 4145, 4174,
expanded the definition of ‘‘insurable
dependent’’ for SGLI purposes to
include a ‘‘member’s stillborn child.’’
On November 18, 2009, VA added
paragraph (k)(1) to 38 CFR 9.1 to define
the term ‘‘member’s stillborn child’’ for
purposes of SGLI coverage to mean:
A member’s natural child—
(i) Whose death occurs before
expulsion, extraction, or delivery; and
(ii) Whose—
(A) Fetal weight is 350 grams or more;
or
(B) If fetal weight is unknown,
duration in utero is 20 completed weeks
of gestation or more, calculated from the
date the last normal menstrual period
began to the date of expulsion,
extraction, or delivery.
74 FR 59,478, 59,479 (Nov. 18, 2009).
(The word ‘‘natural’’ was changed to
‘‘biological’’ in 2012. 77 FR 70374,
70376 (Nov. 26, 2012)). VA promulgated
this definition pursuant to S. Rep. No.
110–449, at 41 (2008), which stated that
the ‘‘Committee expects VA to . . .
define the term [‘‘stillborn child’’] . . .
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]]>Agencies
[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Proposed Rules]
[Pages 30058-30060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13627]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0431]
RIN 1625-AA08
Special Local Regulation; Roy Webster Cross Channel Swim,
Columbia River, Cascade Locks, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary
regulated area for certain waters of the Columbia River. This action is
necessary to provide for the safety of participants and the maritime
public during a cross-channel swim. This proposed rulemaking would
prohibit non-participant persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Columbia
River or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 26, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0431 using the Federal eRulemaking Portal at https://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 about this
proposed rulemaking, call or email LCDR Dixon Whitley, Waterways
Management Division, Marine Safety Unit Portland, Coast Guard;
telephone 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Roy Webster Cross-Channel Swim is an annual event that has been
running for the last 74 years on the Columbia River in the vicinity of
Hood River, OR occurring on or around Labor Day. Participants are
ferried across the Columbia River from the Hood River Marina to the
Washington shore at the start of the event. Once on the other side, the
participants jump off the ferry and swim back across the river
following a swim lane that is lined with volunteers in sailboats,
kayaks and paddleboards. Approximately 300 swimmers participate in this
event annually. On April 4, 2019, the Hood River Chamber of Commerce
notified the Coast Guard that it will be moving the swim location from
Hood River, OR, to Cascade Locks, OR.
The purpose of this rulemaking is to relocate the regulated area
from Hood River, OR to Cascade Locks, OR to ensure the safety of event
participants, the marine environment and the protection of the
navigable waterway during the scheduled event for 2019. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Thirteenth Coast Guard District Commander is proposing to
establish a regulated area from 5:30 a.m. to noon on September 2, 2019.
As the event consists of participants swimming across the navigable
channel, the Coast Guard feels that it would be necessary to establish
a regulated area that would cover all navigable waters of the Columbia
River between river mile 149 and river mile 151 during the event.
Since 2017, a regulated area between River Mile 169 and River Mile
170 has been established for this event under 33 CFR 100.1302. Because
the location of the event has been changed for 2019, we will not be
enforcing the Sec. 100.1302 regulations for the Roy Webster Cross
Channel Swim event this year, and instead are issuing this notice of
proposed rulemaking (NPRM) to establish a temporary rule for 2019.
This NPRM proposes to create a temporary regulated area in the
vicinity of Cascade Locks, OR, rather than Hood River, OR, for this
year's event in accordance with the request of the organizers. The
regulatory text we are proposing appears at the end of this document.
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
[[Page 30059]]
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.
This regulatory action determination is based on the size,
location, short duration, and the event's long history. Commercial
vessel traffic would be able to transit the area with permission from
the COTP or a designated representative. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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
safety zone 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 Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), 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 a
regulated area lasting approximately six hours that would prohibit
entry within a specified section of the Columbia River in the vicinity
of Cascade Locks, OR. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this
proposed 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.
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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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.
[[Page 30060]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T13-0431 to read as follows:
Sec. 165.T13-0431 Special Local Regulation; Roy Webster Cross Channel
Swim, Columbia River, Cascade Locks, OR.
(a) Regulated area. These waters are in the in the vicinity of
Cascade Locks, OR on the Columbia River between River Mile 149 and
River Mile 151.
(b) Effective period. This regulation will be in effect from 5:30
a.m. to noon on September 2, 2019.
(c) Special Local regulations. (1) Non-participant personnel and
vessels are prohibited from entering the regulated area unless
authorized by the Coast Guard Patrol Commander (PATCOM).
(2) The Coast Guard may patrol regulated area under the direction
of a designated PATCOM. The 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.
(3) 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.
(4) PATCOM may delay or terminate the event 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.
(5) 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.
(6) 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 date and time.
D.G. Throop,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2019-13627 Filed 6-25-19; 8:45 am]
BILLING CODE 9110-04-P
