Rule2022-10835
Safety Zone; Columbia River, Vancouver, WA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2022
Effective
May 20, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 life on these navigable waters near Vancouver, WA during a high-speed hydroplane boat testing event on May 20, 2022. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30804-30806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10835]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0140]
RIN 1625-AA00
Safety Zone; Columbia River, Vancouver, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 life on these navigable waters near
Vancouver, WA during a high-speed hydroplane boat testing event on May
20, 2022. This regulation prohibits 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 8:30 a.m. to 3:30 p.m. on May 20,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0140 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 on this rule,
call or email Lieutenant Sean Murphy, Waterways Management Division,
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email
<a href="/cdn-cgi/l/email-protection#e5a1d4d6c8b6a8a7c8a8b6b0b58a979189848b81b2b2a8a590968682cb888c89"><span class="__cf_email__" data-cfemail="347005071967797619796761645b464058555a5063637974414757531a595d58">[email protected]</span></a>.
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 January 19, 2022, the H1 Unlimited notified the Coast Guard that
it will be conducting a hydroplane testing event from 9 a.m. to 3 p.m.
on May 20, 2022. The hydroplane event will consist of individual
testing of 10 hydroplane vessels in between the I-5 and I-205 bridges
on the Columbia River. The Captain of the Port Columbia (COTP) has
determined that potential hazards associated with the high-speed
hydroplane boat testing would be a safety concern for anyone within the
regulated area.
In response, on March 30, 2022 the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Columbia River,
Vancouver, WA (87 FR 18757). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
fireworks display. During the comment
[[Page 30805]]
period that ended May 2, 2022, we received two 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 because immediate action is needed to
respond to the potential safety hazards associated with the high-speed
hydroplane boat testing. The Coast Guard's limited notice of the
parameters of the high-speed boat testing makes it necessary to
expedite the effective date of this rule.
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 Sector
Columbia River (COTP) has determined that the potential hazards
associated with high-speed hydroplane boat testing would be a safety
concern for anyone within the regulated area. The purpose of this rule
is to ensure safety of vessels and the navigable waters in the safety
zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published May
30, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
One comment expressed concern that the waterway would be completely
taken over for use by a private company. However, the safety zone only
covers a specific duration of 7 hours for a single day. Vessels that
need or want to enter the safety zone may seek permission from the COTP
to do so. Another comment raises concerns about the environmental
impact of the boat racing event itself, conflating the event and the
safety zone. Due to the size and length of time the zone will be in
effect, the safety zone will have a miminal expected impact on the
environment.
This rule establishes a safety zone from 8:30 a.m. to 3:30 p.m. on
May 20, 2022. The safety zone covers all navigable waters of the
Columbia River, from surface to bottom, starting approximately 700
yards east of the I-5 bridge from shoreline to shoreline heading east
for approximately 1.2 miles; specifically beginning at the shoreline at
45[deg]36'40.7'' N, 122[deg]40'11.2'' W, northeast to 45[deg]37'08.7''
N, 122[deg]39'53.8'' W, southeast to 45[deg]36'41.3'' N,
122[deg]38'32.0'' W, thence southwest to 45[deg]36'15.8'' N,
122[deg]38'53.0'' W, and along the shoreline back to the beginning
point. The duration of the safety zone is intended to ensure the safety
of vessels and these navigable waters before, during, and after the
scheduled 9 a.m. to 3 p.m. high-speed hydroplane boat testing. No
vessel or person is 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 the duration of the safety zone. The safety zone will
impact a 1.2 mile stretch of the Columbia River during the hydroplane
boat testing for 7 hours and thus is limited in scope. The Coast Guard
will issue a Broadcase Notice to Mariners via VHF-FM marine channel 16
about the zone and the rule allows vessels to seek permission to enter.
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 would affect 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 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 30806]]
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 a
safety zone lasting 7 hours that would prohibit entry within an
approximate 1.2 miles of the Columbia River for the duration of a high-
speed hydroplane testing event. It is categorically excluded from
further review under 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.T13-0140 to read as follows:
Sec. 165.T13-0140 Safety Zone; Columbia River, Vancouver, WA
(a) Location. The following area is a safety zone: All navigable
waters of the Columbia River, from surface to bottom, starting
approximately 700 yards east of the I-5 bridge from shoreline to
shoreline heading east for approximately 1.2 miles; specifically
beginning at the shoreline at 45[deg]36'40.7'' N, 122[deg]40'11.2'' W,
northeast to 45[deg]37'08.7'' N, 122[deg]39'53.8'' W, southeast to
45[deg]36'41.3'' N, 122[deg]38'32.0'' W, thence southwest to
45[deg]36'15.8'' N, 122[deg]38'53.0'' W, and along the shoreline back
to the beginning point.
(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 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 testing event.
(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 COTP's designated representative.
(d) Enforcement period. This section will be enforced from 8:30
a.m. until 3:30 p.m. on May 20, 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: May 13, 2022.
G.M. Bailey,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector
Columbia River.
[FR Doc. 2022-10835 Filed 5-19-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 20, 2022.
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