[Federal Register: July 21, 2004 (Volume 69, Number 139)]
[Rules and Regulations]
[Page 43516-43518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy04-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-04-034]
RIN 1625-AA08
Special Local Regulations; Annual Kennewick, WA, Columbia
Unlimited Hydroplane Races
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is restricting general navigation and
anchorage on the Columbia River by establishing a special local
regulation. The Captain of the Port, Portland, is taking this action to
safeguard individuals from safety hazards associated with hydroplanes
operating at a high rate of speed. Entry into the area established is
prohibited unless authorized by the Captain of the Port.
DATES: This rule is effective from 6 a.m. on July 23, 2004, until 9
p.m. (P.d.t.) on July 25, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD 13-04-034] and are available for
inspection or copying at the U.S. Coast Guard MSO/Group Portland, 6767
N. Basin Ave, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Belen Audirsch, c/o Captain of
the Port Portland, 6767 N. Basin Ave, Portland, OR 97217 at 503-240-
9320.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators gathering in the vicinity of the hydroplane
races. If normal notice and comment procedures were followed, this rule
would not become effective until after the dates of the event. For this
reason, following normal rulemaking procedures in this case would be
impracticable and contrary to the public interest. A final rule was
published establishing this special local regulation in 1985
[[Page 43517]]
(CGD13-85-06, 50 FR 25071). A direct final rule was published in 1996
amending the rule published in 1985 to clarify the effective dates of
the event and to revise the boundaries of the regulated area. This
temporary final rule is required to again revise the size of the
regulated area and to increase the length of time affected by the
regulation.
Background and Purpose
The Coast Guard is restricting general navigation and anchorage to
allow for safe execution of the hydroplane races. This regulation will
be enforced from 6 a.m. (P.d.t.) until 9 p.m. (P.d.t.) on July 23, 24,
and 25, 2004. The restriction on general navigation and anchorage is
necessary to protect spectators from hazards associated with
hydroplanes operating at high rates of speed. This special local
regulation will be enforced by representatives of the Captain of the
Port, Portland, Oregon. The Captain of the Port may be assisted by
other federal and local agencies.
Discussion of Rule
This rule, for safety concerns, will control personnel and
individual movements in a regulated area surrounding the Columbia Cup
Unlimited Hydroplane Races. Entry into this zone is prohibited unless
authorized by the Captain of the Port, Portland or his designated
representative. Coast Guard personnel will enforce this special local
regulation. The Captain of the Port may be assisted by other federal
and local agencies.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security. The Coast Guard expects the economic impact of this rule to
be so minimal that a full regulatory evaluation under the regulatory
policies and procedures of DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
include 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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the designated area at the corresponding time as drafted in
this rule. This special local regulation will not have a significant
economic impact on a substantial number of small entities for the
following reasons. Traffic will be allowed to pass through the zone
between race heats with the permission of the Captain of the Port or
his designated representatives on scene, if safe to do so. Because the
impacts of this rule are expected to be so minimal, the Coast Guard
certifies under 5 U.S.C. 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601-612) that this rule will not have a significant economic
impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity 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.
Assistance for Small Entities
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 the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
will 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).
Collection of Information
This rule calls for no new collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 regulatory
actions not specifically required by law. 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 or more in any one year. Although this rule does not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Execute Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This 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
[[Page 43518]]
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph (34)(h) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 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: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 6 a.m. on July 23, 2004, until 9 p.m. on July 25, 2004,
temporarily suspend 33 CFR 100.1303 and add temporary Sec. 100.T13-001
to read as follows:
Sec. 100.T13-001 Special Local Regulations; Annual Kennewick,
Washington, Columbia Unlimited Hydroplane Races.
(a) This section is effective from 6 a.m. on July 23, until 9 p.m.
on July 25, 2004.
(b) This section will be enforced from 6 a.m. until 9 p.m. each day
it is effective, unless sooner cancelled by the Patrol Commander.
(c) This section restricts general navigation and anchorage during
the hours it is enforced, on all waters of the Columbia River bounded
by two lines drawn shore to shore; the first line running between
position 46[deg]14[min]50[sec] N, 119[deg]10[min]23[sec] W and position
46[deg]13[min]39[sec] N, 119[deg]10[min]34[sec] W; and the second line
running between position 46[deg]13[min]36[sec] N,
119[deg]07[min]38[sec] W and position 46[deg]13[min]10[sec] N,
119[deg]07[min]49[sec] W. [Datum: NAD 83]. Entry into this zone is a
violation of regulations and may result in penalty action under the
provisions of 33 CFR 100.35.
(d) When deemed appropriate, the Coast Guard may establish a patrol
consisting of active and auxiliary Coast Guard personnel and vessels in
the area described in paragraph (c) of this section. The patrol shall
be under the direction of a Coast Guard officer or petty officer
designated as Coast Guard Patrol Commander. The Patrol Commander is
empowered to forbid and control the movement of vessels in the area
described in paragraph (c) of this section.
(e) The Patrol Commander may authorize vessels to be underway in
the area described in paragraph (c) of this section during the hours
this regulation is enforced. All vessels permitted to be underway in
the controlled area (other than racing or official vessels) shall do so
only at speeds which will create minimum wake consistent with
maintaining steerageway, and not to exceed seven (7) miles per hour.
This speed limit may be adjusted at the discretion of the Patrol
Commander to enhance the level of safety.
(f) A succession of sharp, short signals by whistle, siren, or horn
from vessels patrolling the area under the direction of the U.S. Coast
Guard Patrol Commander shall serve as a signal to stop. Vessels
signaled shall stop and shall comply with the orders of the patrol
vessel personnel; failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
Dated: July 14, 2004.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard District Thirteen Commander.
[FR Doc. 04-16645 Filed 7-19-04; 10:58 am]
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