[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Rules and Regulations]
[Page 56354-56356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se06-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-06-044]
RIN 1625-AA08
Special Local Regulations, 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 temporary rule is needed to provide for the safety of life on
navigable waters during the event.
DATES: This temporary rule is effective from 9 a.m. on September 29
until 5 p.m. on October 1, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-06-044 and are available for
inspection or copying at the U.S. Coast Guard Sector Seattle, 1519
Alaskan Way South, Seattle, Washington 98134 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jes Hagen, c/o
Captain of the Port Puget Sound, 1519 Alaskan Way South, Seattle, WA
98134, (206) 217-6200.
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), the Coast Guard finds that good
cause exists for not publishing an NPRM. The Coast Guard did not
receive sufficient notice of the date change for this year's event.
Publishing a NPRM would be contrary to public interest since immediate
action is necessary to ensure the safety of to provide for the safety
of spectators and participants during the event. If normal notice and
comment procedures were followed, this temporary rule would not become
effective until after the date of the event. For similar reasons, 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.
Background and Purpose
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, a
safety zone is needed in order to provide for the safety of spectators
and participants during the event.
Discussion of Rule
This temporary rule will create two regulated areas, a race area
and a spectator area. 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
[[Page 56355]]
safety requires these regulations to provide for the safety of life on
the navigable waters.
Regulatory Evaluation
This temporary 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 temporary 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 would be enforced from 9 a.m. to 5 p.m. Pacific Daylight Time
each day on September 29, 30, and October 1, 2006. 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 temporary 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 temporary 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 enforced. The regulation 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 temporary 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 temporary 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 temporary rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If the temporary 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 temporary 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 temporary 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 temporary rule would not impose an unfunded mandate.
Taking of Private Property
This temporary 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 temporary 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 temporary 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 temporary 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 temporary 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.
[[Page 56356]]
Environment
We have analyzed this temporary rule under Commandant Instruction
M16475.1D and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.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.
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. Add Sec. 100.T13-032 to read as follows:
Sec. 100.T13-032 Special Local Regulations, Strait Thunder Hydroplane
Races, Port Angeles, WA.
(a) Regulated areas. (1) The regulated 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) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by Commander, Coast Guard Group Port Angeles. The
Patrol Commander is empowered to control the movement of vessels on the
racecourse and in the adjoining waters described in paragraph (a) above
during the periods this regulation is in effect. The Coast Guard will
maintain a patrol consisting of Coast Guard vessels, assisted by Coast
Guard Auxiliary vessels. The Patrol Commander may be assisted by other
federal, state and local law enforcement agencies as well as Strait
Thunder event craft.
(c) Special Local Regulations. From 9 a.m. until 5 p.m. on
September 29, 30, and October 1, 2006, non-participant vessels are
prohibited from entering the regulated area unless authorized by the
Coast Guard Patrol Commander. 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 which will create a
minimum wake, and not exceed seven knots. The maximum speed may be
reduced at the discretion of the Patrol Commander.
(d) A succession of sharp, short signals by whistle or horn from
vessels patrolling the areas under the discretion of the Patrol
Commander shall serve as a signal to stop. Vessels signaled shall stop
and shall 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.
Dated: September 11, 2006.
Richard R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E6-15843 Filed 9-26-06; 8:45 am]
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