Safety Zone; Swim, Columbia River, Cascade Locks, OR, 53670-53672 [2022-18880]
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Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations
from the area, citation for failure to
comply, or both
(6) Any spectator vessel may anchor
outside the regulated area specified
above, but may not anchor in, block, or
loiter in a navigable channel.
(7) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(8) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF–FM marine radio
channel 16 or phone at 1–800–253–
7465. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(9) The COTP will provide notice of
the regulated area through advanced
notice via local notice to mariners and
broadcast notice to mariners and by onscene designated representatives.
(d) Enforcement periods. This safety
zone will be enforced from 8:15 p.m. to
9:15 p.m. on September 2, 2022.
Dated: August 25, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2022–18913 Filed 8–31–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0623]
RIN 1625–AA00
Safety Zone; Swim, Columbia River,
Cascade Locks, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone 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 on the Columbia River near
Cascade Locks, Oregon, to Stevenson,
Washington, on the morning of
September 5, 2022. This regulation
prohibits non-participant persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Columbia River or a designated
representative.
jspears on DSK121TN23PROD with RULES
SUMMARY:
This rule is effective from 7 to 11
a.m. on September 5, 2022.
DATES:
VerDate Sep<11>2014
16:19 Aug 31, 2022
Jkt 256001
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0623 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email LT Carlie
Gilligan, Waterways Management
Division, Marine Safety Unit Portland,
U.S. Coast Guard; telephone 503–240–
9319, email D13-SMBMSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On April 20, 2022, True West LLC
with Visit Hood River notified the Coast
Guard that the Roy Webster Cross
Channel Swim, an annually recurring
marine event, will be occurring at
Cascade Locks to Stevenson. The event
consists of a cross-channel swim from
7:30 to 10:30 a.m. on September 5, 2022.
In response, on August 3, 2022, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Swim, Columbia River,
Cascade Locks, OR (87 FR 47661). There
we stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this swim
event. During the comment period that
ended August 19, 2022, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to protect
persons and vessels from the safety
hazards associated with the planned
swim event on September 5, 2022.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Columbia River
(COTP) has determined that potential
hazards associated with the swim event
will be a concern for those in and on the
waterway during the event. The purpose
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Sfmt 4700
of this rule is to ensure safety of
participants in the safety zone before,
during, and after the scheduled event.
IV. Discussion of the Rule
As noted above, we received no
comments on our NPRM published
August 3, 2022. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 7 to 11 a.m. on September 5, 2022.
The safety zone covers all navigable
waters of the Columbia River between
RM 149 and RM 150 near Cascade
Locks, Oregon. The duration of the zone
is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
7:30 to 10:30 a.m. swim. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. The safety
zone created by this proposed rule is
designed to minimize its impact on
navigable waters. This proposed rule
would prohibit entry into certain
navigable waters of the Columbia River
and is not anticipated to exceed four
hours in duration. Thus, restrictions on
vessel movement within that particular
area are expected to be minimal.
Moreover, under certain conditions,
vessels may still transit through the
safety zone when permitted by the
COTP. The Coast Guard will 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.
E:\FR\FM\01SER1.SGM
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Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
affects your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email 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.
jspears on DSK121TN23PROD with RULES
C. Collection of Information
This rule does 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
VerDate Sep<11>2014
16:19 Aug 31, 2022
Jkt 256001
53671
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.
person listed in the FOR FURTHER
INFORMATION CONTACT section to
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.
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, 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
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 safety
zone lasting 4 hours that would prohibit
entry between RM 149 to RM 150 on the
Columbia River. Normally such actions
are categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
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Sfmt 4700
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
2. Add § 165.T13–0623 to read as
follows:
■
§ 165.T13–0623 Safety Zone; Columbia
River, Cascade Locks, OR.
(a) Location. The following area is a
safety zone: All navigable waters of the
Columbia River, from surface to bottom,
starting approximately RM 150 to RM
149.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Columbia River
(COTP) in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(3) The COTP will provide advance
notice of the regulated area via
broadcast notice to mariners. The COTP
may also designate on-scene
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53672
Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations
representatives to provide such advance
notice.
(d) Enforcement period. This section
will be enforced from 7 until 11 a.m. on
September 5, 2022. It will be subject to
enforcement this entire period unless
the COTP determines it is no longer
needed, in which case the Coast Guard
will inform mariners via Notice to
Mariners.
Dated: August 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2022–18880 Filed 8–31–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0366]
RIN 1625–AA00
Safety Zone; Jon Cotton Wedding
Fireworks, Round Island Channel, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 600-foot
radius of a fireworks display in Round
Island Channel near Mackinac Island.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the fireworks display. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sault Sainte Marie.
DATES: This rule is effective from 8 p.m.
through 11 p.m. on September 17, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0366 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email LT Deaven Palenzuela, U.S. Coast
Guard Sector Sault Sainte Marie
Waterways Management, U.S. Coast
Guard; telephone 906–635–3223, email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with RULES
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
16:19 Aug 31, 2022
Jkt 256001
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 issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard did not receive sufficient notice
of this event to undergo notice and
comment and this safety zone must be
established by September 17, 2022 in
order to protect the public from the
dangers associated with a fireworks
display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because action is needed to ensure that
the potential safety hazards associated
with the fireworks display are
effectively mitigated.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sault Sainte Marie
(COTP) has determined that potential
hazards associated with a fireworks
display on September 17, 2022 will be
a safety concern for anyone within a
600-foot radius of the navigable waters
surrounding the fireworks launch site.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8 p.m. through 11 p.m. on
September 17, 2022. The safety zone
will cover all navigable waters within
600 feet of a fireworks display in Round
Island Channel near Mackinac Island,
MI. The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
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Frm 00026
Fmt 4700
Sfmt 4700
waters while the bridge is being
repaired. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on size, location, duration, and
time-of-day of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small designated area of Round
Island Channel. 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 rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
E:\FR\FM\01SER1.SGM
01SER1
]]>Agencies
[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53670-53672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18880]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0623]
RIN 1625-AA00
Safety Zone; Swim, Columbia River, Cascade Locks, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone 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 on the Columbia River near Cascade Locks, Oregon, to
Stevenson, Washington, on the morning of September 5, 2022. This
regulation prohibits non-participant persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Columbia
River or a designated representative.
DATES: This rule is effective from 7 to 11 a.m. on September 5, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0623 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LT Carlie Gilligan, Waterways Management
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 20, 2022, True West LLC with Visit Hood River notified the
Coast Guard that the Roy Webster Cross Channel Swim, an annually
recurring marine event, will be occurring at Cascade Locks to
Stevenson. The event consists of a cross-channel swim from 7:30 to
10:30 a.m. on September 5, 2022. In response, on August 3, 2022, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Swim, Columbia River, Cascade Locks, OR (87 FR 47661).
There we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this swim event. During the
comment period that ended August 19, 2022, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to protect persons and vessels from
the safety hazards associated with the planned swim event on September
5, 2022.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Columbia
River (COTP) has determined that potential hazards associated with the
swim event will be a concern for those in and on the waterway during
the event. The purpose of this rule is to ensure safety of participants
in the safety zone before, during, and after the scheduled event.
IV. Discussion of the Rule
As noted above, we received no comments on our NPRM published
August 3, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 7 to 11 a.m. on September
5, 2022. The safety zone covers all navigable waters of the Columbia
River between RM 149 and RM 150 near Cascade Locks, Oregon. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 7:30 to
10:30 a.m. swim. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone created by
this proposed rule is designed to minimize its impact on navigable
waters. This proposed rule would prohibit entry into certain navigable
waters of the Columbia River and is not anticipated to exceed four
hours in duration. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Moreover, under certain
conditions, vessels may still transit through the safety zone when
permitted by the COTP. The Coast Guard will 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.
[[Page 53671]]
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email 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 does 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, 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 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 safety
zone lasting 4 hours that would prohibit entry between RM 149 to RM 150
on the Columbia River. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0623 to read as follows:
Sec. 165.T13-0623 Safety Zone; Columbia River, Cascade Locks, OR.
(a) Location. The following area is a safety zone: All navigable
waters of the Columbia River, from surface to bottom, starting
approximately RM 150 to RM 149.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(3) The COTP will provide advance notice of the regulated area via
broadcast notice to mariners. The COTP may also designate on-scene
[[Page 53672]]
representatives to provide such advance notice.
(d) Enforcement period. This section will be enforced from 7 until
11 a.m. on September 5, 2022. It will be subject to enforcement this
entire period unless the COTP determines it is no longer needed, in
which case the Coast Guard will inform mariners via Notice to Mariners.
Dated: August 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-18880 Filed 8-31-22; 8:45 am]
BILLING CODE 9110-04-P
