Special Local Regulation; Roy Webster Cross Channel Swim, Columbia River, Cascade Locks, OR
| Published date | 26 June 2019 |
| Citation | 84 FR 30058 |
| Record Number | 2019-13627 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 123 (Wednesday, June 26, 2019)
[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]
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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
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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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 http://www.regulations.gov. If your material cannot be
submitted using http://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
