[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53572-53574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21779]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0799]
RIN 1625-AA00
Safety Zone; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the navigation channel in Budd Inlet, WA during Olympia Harbor Days tug
boat races. This safety zone is necessary to restrict vessel movement
during racing activity in order to ensure the safety of participants,
spectators, and the maritime public. This action is intended to
restrict vessel traffic movement on specified waters of the Budd Inlet,
WA during Olympia Harbor Days tug boat races.
DATES: This rule is effective from 8 a.m. until 8 p.m. on September
5th, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0799 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0799 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Ashley M. Wanzer, Sector Puget
Sound, Waterways Management Division, Coast Guard; telephone 206-217-
6175, e-mail [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is contrary to the public interest
to delay the effective date of this rule. Delaying the effective date
by first publishing an NPRM would be contrary to the safety zone's
intended objectives because immediate action is needed to restrict
vessel movement during racing activity in order to ensure the safety of
participants, spectators, and the maritime public.
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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life
and property; therefore, a 30-day notice is impracticable. Delaying the
effective date would be contrary to the safety zone's intended
objectives of protecting persons and vessels involved in the event, and
enhancing public and maritime safety.
Basis and Purpose
This temporary rule addresses safety concerns associated with the
Olympia Harbor Days tugboat races. Tugboat races result in vessel and
spectator congestion in the proximity of the race course. Additionally,
the draft of these vessels creates a large wake when accelerating at
fast speeds during races. This safety zone is necessary to ensure
spectators remain an adequate distance from the race course and to
provide unencumbered access for emergency response craft in the event
of a race-related emergency. This safety zone will do so by prohibiting
persons and vessel operators from entering, transiting or remaining
within this safety zone while enforced.
Discussion of Rule
Olympia Harbor Days is an annual tugboat race in Budd Inlet, WA
involving three classes of tugboat races. Each class of vessel will
compete in a heat which will take place in the navigation channel. This
safety zone restricts vessel movement in the navigation channel during
each heat of racing. This rule is effective from 8 a.m. until 8 p.m. on
September 5th, 2010. The safety zone will encompass all waters of Budd
Inlet, WA the width of the navigation channel south of a line
connecting the following points: 47[deg]05'34'' N 122[deg]55'53'' W and
47[deg]05'34'' N 122[deg]55'28'' W, until reaching the northernmost end
of the navigation channel at a line connecting the following points
47[deg]05'06'' N 122[deg]55'28'' W and 47[deg]05'03'' N,
122[deg]55'44'' W then southeasterly until reaching the southernmost
entrance of the navigation channel at a line connecting the following
points 47[deg]04'00'' N 122[deg]54'28'' N 122[deg]54'35'' W. Access to
the zone will be restricted during the specified date and time. Entry
into, transit through, mooring or anchoring within this zone is
prohibited unless authorized by the Captain of the Port, Puget Sound or
Designated Representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. This rule is not a significant regulatory
action because it is short in duration and vessels will be able to
transit the navigation channel between heats of racing.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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
[[Page 53573]]
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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit this zone during periods of enforcement. This safety zone will
not have a significant economic impact on a substantial number of small
entities for the following reasons. This rule will be enforced for a
short duration and vessels will be able to navigate the channel between
heats with the permission of the patrolling event committee crafts.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls 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
that Order and have determined that it does not have implications for
federalism.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause 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 create 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
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 is categorically excluded, under figure 2-1, paragraph (34)(g.),
of the Instruction. This rule involves the establishment of a safety
zone. An environmental analysis checklist and a categorical exclusion
determination will be made available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
[[Page 53574]]
0
2. Add temporary Sec. 33 CFR 165.T13-159 to read as follows:
Sec. 165.T13-159 Safety Zone; Olympia Harbor Days Tug Boat Races,
Budd Inlet, WA.
(a) Safety Zones. The following area is designated as a safety
zone:
1. Location. All waters of Budd Inlet, WA the width of the
navigation channel south of a line connecting the following points:
47[deg]05'34'' N 122[deg]55'53'' W and 47[deg]05'34'' N 122[deg]55'28''
W until reaching the northernmost end of the navigation channel at a
line connecting the following points 47[deg]05'06'' N 122[deg]55'28'' W
and 47[deg]05'03'' N 122[deg]55'44'' W then southeasterly until
reaching the southernmost entrance of the navigation channel at a line
connecting the following points 47[deg]04'00'' N 122[deg]54'28'' N
122[deg]54'35'' W.
(b) Effective Period. This regulation is effective from 8 a.m.
until 8 p.m. on September 5th, 2010.
(c) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person or vessel may enter, transit, moor,
or anchor within this safety zone unless authorized by the Captain of
the Port or Designated Representative.
(d) Authorization. All persons or vessels who desire to enter the
safety zone created in this section must obtain permission from the
Captain of the Port or Designated Representative by contacting either
the event sponsor on VHF Ch 06, the on-scene patrol craft on VHF Ch 13
or Ch 16 or the Coast Guard Sector Puget Sound Joint Harbor Operations
Center (JHOC) via telephone at 206-217-6002.
Dated: August 17, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-21779 Filed 8-31-10; 8:45 am]
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