[Federal Register: September 29, 2004 (Volume 69, Number 188)]
[Rules and Regulations]
[Page 58053-58055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se04-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-04-039]
RIN 1625-AA08
Special Local Regulations for Marine Events, Strait Thunder
Hydroplane Races, Port Angeles, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the Strait Thunder Hydroplane Races held on the waters
of Port Angeles Harbor, Port Angeles, Washington. These special local
regulations limit the movement of non-participating vessels in the
regulated race area and provide for a viewing area for spectator craft.
This rule is needed to provide for the safety of life on navigable
waters during the event.
DATES: This rule is effective from 9 a.m. on October 1, 2004 through 5
p.m. on October 3, 2004 Pacific Daylight Time.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are port of docket CGD13-04-039 and are available for
inspection or copying at the U.S. Coast Guard Marine Safety Office
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington
98134 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen
at (206) 217-6231.
SUPPLEMENTARY INFORMATION:
Background and Purpose
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The hydroplane race poses
several dangers to the public including excessive noise, objects
falling from any accidents, and hydroplanes racing at high speeds in
proximity to other vessels. Accordingly, prompt regulatory action is
needed in order to provide for the safety of spectators and
participants during the event. If normal notice and comment procedures
were followed, this rule would not become effective until after the
date of the event. The Coast Guard finds that good cause exists for not
publishing an NPRM, because doing so would be contrary to the interests
of public safety because immediate action is necessary to protect the
public.
Under 5 U.S.C.(d)(3), for the same reasons cited above, the Coast
Guard finds that good cause exists for making this rule effective in
less than 30 days after publication in the Federal Register.
Discussion of Rule
This rule will create two regulated areas, a race area and a
viewing area. These regulated areas restrict the movement of spectator,
non-participant, vessels during hydroplane races. These regulated areas
assist in minimizing the inherent dangers associated with hydroplane
races. These dangers include, but are not limited to, excessive noise,
race craft traveling at high speed in close proximity to one another
and to spectator craft, and the risk of airborne objects from any
accidents associated with hydroplanes. In the event that hydroplanes
require emergency assistance, rescuers must have immediate and
unencumbered access to the craft. The Coast Guard, through this action,
intends to promote the safety of personnel, vessels, and facilities in
the area. Due to these concerns, public safety requires these
regulations to
[[Page 58054]]
provide for the safety of life on the navigable waters.
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 (DHS).
We expect 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. This expectation is based on the fact that the
regulated area established by this rule encompasses an area near Port
Angeles Harbor, not frequented by commercial navigation. The regulation
is established for the benefit and safety of the recreational boating
public, and any negative recreational boating impact is offset by the
benefits of allowing the hydroplanes to race. This rule is effective
from 9 a.m. on October 1, 2004 through 5 p.m. on October 3, 2004
Pacific Daylight Time. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. 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. This rule will affect the following entities, some of which may
be small entities: The owners or operators of vessels intending to
transit this portion of Port Angeles Harbor during the time this
regulation is in effect. The zone will not have a significant economic
impact due to its short duration and small area. The only vessels
likely to be impacted will be recreational boaters and small passenger
vessel operators. The event is held for the benefit and entertainment
of those above categories. Because the impacts of this proposal are
expected to be so minimal, the Coast Guard certifies under 605(b) of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 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 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.
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 this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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. 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 would call for no new collection of information 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
Executive Order 13132 and have determined that this rule does not have
implications for federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This rule would not impose an unfunded mandate.
Taking of Private Property
This rule would 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 Executive 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 does not concern an
environmental risk to health or risk to safety that may
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 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.
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. The administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969
[[Page 58055]]
(NEPA) (42U.S.C. 4321-4370f), and have concluded that there are not
factors in this case that would limit the use of a categorical
exclusion under section 2.B.2 of the Instruction. Therefore, this rule
is categorically excluded, under figure 2-1, paragraph (34)(h), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (34)(h), of the Instruction, and ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100, as follows:
PART 100--MARINE EVENTS [AMENDED]
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.
2. From 9 a.m. on October 1 through 5 p.m. on October 3, 2004, add
temporary Sec. 100.T13-002 to read as follows:
Sec. 100.T13-002 Special Local Regulations, Strait Thunder Hydroplane
Races, Port Angeles, WA.
(a) Regulated areas. (1) The race area encompasses all waters
located inside of a line connecting the following points located near
Port Angeles, Washington: Point 1: 48[deg]07'24'' N, 123[deg]25'32'' W;
Point 2: 48[deg]07'26'' N, 123[deg]24'35'' W; Point 3: 48[deg]07'12''
N, 123[deg]25'31'' W; Point 4: 48[deg]07' 15'' N, 123[deg]24'34'' W.
[Datum: NAD 1983].
(2) The spectator area encompasses all waters located within a box
bounded by the following points located near Port Angeles, Washington:
Point 1: 48[deg]07'32'' N, 123[deg]25'33'' W; Point 2: 48[deg]07'29''
N, 123[deg]24'36'' W; Point 3: 48[deg]07'24'' N, 123[deg]25'32'' W,
Point 4: 48[deg]07'26'' N, 123[deg]24'35'' W. [Datum: NAD 1983].
(b) Definitions. (1) For the purposes of this section, Coast Guard
Patrol Commander means a commissioned, warrant, or petty officer of the
Coast Guard who has been designated by the Commander, Coast Guard Group
Port Angeles. The Coast Guard Patrol Commander is empowered to control
the movement of vessels in the regulated area.
(2) For the purposes of this section, Patrol Vessel means any Coast
Guard vessel, Coast Guard Auxiliary vessel, or other federal, state or
local law enforcement vessel.
(c) Special Local Regulations. (1) From 9 a.m. on October 1, 2004
through 5 p.m. on October 3, 2004, non-participant vessels are
prohibited from entering the race area unless authorized by the Coast
Guard Patrol Commander.
(2) Spectator craft may remain in the designated spectator area but
must follow the directions of the Coast Guard Patrol Commander.
Spectator craft entering, exiting or moving within the spectator area
must operate at speeds that will create a minimum wake, and not exceed
seven knots. The maximum speed may be reduced at the discretion of the
Coast Guard Patrol Commander.
(3) A succession of sharp, short signals by whistle or horn from a
Patrol Vessel will serve as a signal to stop. Vessels signaled must
stop and comply with the orders of the Patrol Vessel. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(4) The Coast Guard Patrol Commander may be assisted by other
federal, state and local law enforcement agencies in enforcing this
regulation.
Dated: September 22, 2004.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 04-21846 Filed 9-28-04; 8:45 am]
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