[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20132-20133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11236]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD13-96-012]
RIN 2115-AE46
Special Local Regulations; Annual Kennewick, Washington, Columbia
Unlimited Hydroplane Races
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: By this direct final rule, the Coast Guard is permanently
amending a special local regulation governing general navigation and
anchorage in the vicinity of the Annual Kennewick, Washington, Columbia
Unlimited Hydroplane Races. Changes made to this regulation will
clarify its annual effective date and will revise the boundaries of the
regulated area. This change is intended to better inform the boating
public and to improve the level of safety at this event.
DATES: This rule is effective on July 22, 1996, unless the Coast Guard
receives written adverse comments or written notice of intent to submit
adverse comments on or before June 20, 1996.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Portland,
6767 N. Basin Ave., Portland, OR 97217-3992. The comments and other
materials referenced in this notice will be available for inspection
and copying at the above address in the St. Helens Building, Waterways
Management Section. Normal office hours are between 7 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Comments may also be
hand-delivered at this address.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) C.A. Roskam, Waterways Management Section,
U.S. Coast Guard MSO/Group Portland, OR (Telephone: (503) 240-9327).
SUPPLEMENTARY INFORMATION:
Request for Comments
Any comments must identify the name and address of the person
submitting the comment, specify the rulemaking docket (CGD13-96-012)
and the specific section of this rule to which each comment applies,
and give the reason for each specific comment. Please submit two copies
of all comments and attachments in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing.
Persons wanting acknowledgment of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because no adverse comments
are anticipated. If no adverse comments or any written notice of intent
to submit adverse comment are received within the specified comment
period, this rule will become effective as stated in the DATES section.
In that case, approximately 30 days prior to the effective date, the
Coast Guard will publish a notice in the Federal Register stating that
no adverse comment was received and confirming that this rule will
become effective as scheduled. However, if the Coast Guard receives
written adverse comment or written notice of intent to submit adverse
comment, the Coast Guard will publish a notice in the final rule
section of the Federal Register to announce withdrawal of all or part
of this direct final rule. If adverse comments apply to only part of
this rule, and it is possible to remove that part without defeating the
purpose of this rule, the Coast Guard may adopt as final those parts of
this rule on which no adverse comments were received. The part of this
rule that was the subject of adverse comment will be withdrawn. If the
Coast Guard decides to proceed with a rulemaking following receipt of
adverse comments, a separate Notice of Proposed Rulemaking (NPRM) will
be published a new opportunity for comment provided.
A comment is considered ``adverse'' if the comment explains why
this rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
Background and Purpose
Each year, during the last week in July, the Annual Kennewick,
Washington, Columbia Unlimited Hydroplane Races are held on the waters
of the Columbia River between the western end of Hydro Island and the
western end of Clover Island. Under current Coast Guard regulations, 33
CFR 100.1303, a special local regulation is established each year
during the event to provide for public safety by controlling the
movement of spectators and participants in the area of the race course.
The current regulations do not clearly state the days and times
each year when the become effective. In years past, the Coast Guard has
published a notice of implementation in the Federal Register in order
to clearly announce the effective dates and times of the regulations
for a given year. This direct final rule will permanently amend 33 CFR
100.1303, making the regulation effective each year on the last Tuesday
through Sunday in July from 8:30 a.m. local time until the last race is
completed each day at approximately 7:30 p.m. local time.
In recent years, the number of recreational vessels transiting the
area near the race course and the number of spectator craft anchoring
in the vicinity of the race course has greatly increased. The majority
of the recreational vessels drawn to this event congregate in the
vicinity of the upstream end of the race course. Often, spectator craft
anchoring upstream of the race course break free of their anchorage and
drift downstream onto the race course, endangering both themselves and
race participants.
To promote the safety of spectators and participants, the
boundaries of the regulated navigation area created by this special
local regulation are being revised. This revision will move the upriver
boundary an additional 400 yards upriver. This change is intended to
increase the distance between the upriver boundary of the regulated
area and the race course, therefore decreasing the likelihood that
spectator boats will drift downriver into the course. At the same time
the downriver boundary of the regulated area will be moved upriver and
additional 1,000 yards. This change is intended to decrease the
distance between the downriver boundary of the regulated area and the
race course, therefore encouraging spectators to observe the race from
the downriver side where there is little danger of drifting into the
course.
Discussion of Rules
The Coast Guard is permanently amending 33 CFR 100.1303--Annual
Kennewick, Washington, Columbia Unlimited Hydroplane Races.
[[Page 20133]]
The annual effective dates and times of the regulation are amended
so that the regulation becomes effective each year on the last Tuesday
through Sunday in July from 8:30 a.m. local time until the last race is
completed each day at approximately 7:30 p.m. local time.
The boundaries of the regulated navigation area created by these
regulations are also amended. The boundaries of the current regulated
area, as defined in this section, include all waters of the Columbia
River from the western end of Hydro Island to the western end of Clover
Island at Kennewick, Washington. This amendment will change the
boundaries of this regulated area to include all waters of the Columbia
River between a point 400 yards upriver of Hydro Island and a point
1,000 yards upriver of Clover Island. As amended, the regulated area
created by this regulation will include all waters of the Columbia
River bounded by two lines drawn from shore to shore. The first line
will run between position latitude 46 deg.14'07'' N, longitude
119 deg.10'42'' W and position latitude 46 deg.13'42'' N, longitude
119 deg.10'51'' W. The second line will run between position latitude
46 deg.13'35'' N, longitude 119 deg.07'34'' W and position latitude
46 deg.13'10'' N, longitude 119 deg.07'47'' W. Within these boundaries,
general navigation and anchorage will be restricted by this regulation
during the hours it is in effect. This change is intended to encourage
spectator craft to anchor downriver of the race course, which would
greatly reduce the number of vessels congregating upriver of the race
course and reduce the risk of vessels floating downriver onto the race
course. It is also intended to reduce the number of recreational
vessels transiting from one end of the race course to the other before
and after the race, thus reducing congestion in the vicinity of the
event.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
This conclusion is based on the fact that only minor changes are being
made to the regulations and that the changes made reduce the area
affected by approximately one half mile.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
The regulated navigation area created by this section is being
reduced by this direct final rule. Moreover, vessels desiring to
transit this area of the Columbia River may do so by scheduling their
trips in the evening when the restrictions on general navigation
imposed by this section will not be in effect. For these reasons, the
Coast Guard certifies under 5 U.S.C. 605(b) that this change will not
have a significant economic impact on a substantial number of small
entities.
Collection-of-Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e.34(h) of Commandant
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. Section 100.1303 is amended by revising paragraphs (a) and (b)
as follows:
Sec. 100.1303 Annual Kennewick, Washington, Columbia Unlimited
Hydroplane Races.
(a) This regulation is effective each year on the last Tuesday
through Sunday in July from 8:30 a.m. local time until the last race is
completed each day at approximately 7:30 p.m. local time, unless sooner
terminated by the Patrol Commander.
(b) The Coast Guard will restrict general navigation and anchorage
by this regulation during the hours it is in effect on all waters of
the Columbia River bounded by two lines drawn from shore to shore; the
first line running between position latitude 46 deg.14'07'' N,
longitude 119 deg.10'42'' W and position latitude 46 deg.13'42'' N,
longitude 119 deg.10'51'' W; and the second line running between
position latitude 46 deg.13'35'' N, longitude 119 deg.07'34'' W and
position latitude 46 deg.13'10'' N, longitude 119 deg.07'47'' W.
[Datum: NAD 83]
* * * * *
Dated: April 25, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard District Commander.
[FR Doc. 96-11236 Filed 5-3-96; 8:45 am]
BILLING CODE 4910-14-M
