[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Proposed Rules]
[Pages 3057-3060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1022]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0996]
RIN 1625-AA08
Special Local Regulation; Hydroplane Races Within the Captain of
the Port Puget Sound Area of Responsibility
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking; request for
comments.
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SUMMARY: The Coast Guard proposes to amend its regulation to establish
permanent safety zones for hydroplane races taking place on various
dates within Puget Sound, WA. This supplemental notice of proposed
rulemaking changes the proposed regulation from establishing safety
zones under 33 CFR part 165 to establishing a special local regulation
under 33 CFR part 100, removes the duplicative Port Angeles race area
and adds a race area in Lake Sammamish to the designated hydroplane
race areas within the Captain of the Port, Puget Sound area of
responsibility. When this proposed special local regulation is
activated, and thus subject to enforcement, this rule would limit the
movement of non-participating vessels within the regulated race areas
while hydroplane races are taking place. This rule is needed to provide
effective control over these events while ensuring the safety of the
maritime public.
DATES: Comments and related material must be received by the Coast
Guard on or before February 18, 2011. Requests for public meetings must
be received by the Coast Guard on or before January 27, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0996 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LTJG Ashley M. Wanzer, Waterways Management,
Sector Puget Sound, Coast Guard; telephone 206-217-6175, e-mail
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0996), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0996'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0996'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140
[[Page 3058]]
on the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before January 27, 2011 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LTJG Ashley M. Wanzer at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Background and Purpose
The Coast Guard receives numerous marine event permits for
hydroplane races taking place on the waterways of Dyes Inlet, Lake
Washington, and Lake Sammamish, WA. Historically, these marine events
involve the establishment of a safety zone which is established on an
emergency basis to provide safety to the maritime public, participant
and spectators during these races. This proposed rule would establish a
special local regulation to restrict vessel movement in designated
areas during permitted hydroplane marine events and eliminate the need
to draft emergency rules to establish safety zones for hydroplane races
in these designated areas. This rule will establish permanent,
designated hydroplane race areas under 33 CFR part 100 enabling event
sponsors and the Coast Guard to adequately provide safety in support of
these marine events.
Discussion of Proposed Rule
The Coast Guard proposes establishing a special local regulation
for hydroplane races occurring within the Captain of the Port, Puget
Sound Area of Responsibility. This special local regulation is
necessary to restrict vessel movement in designated race areas thereby
ensuring unencumbered access for rescuers in the event of an emergency
as well as to ensure public safety from the numerous dangers associated
with high speed watercraft races.
On Tuesday, January 19, 2010, we published a notice of proposed
rulemaking (NPRM) entitled ``Safety Zones; Hydroplane Races within the
Captain of the Port Puget Sound Area of Responsibility'' in the Federal
Register (75 FR 2833). We did not receive any comments on the proposed
rule and did not receive any requests for a public meeting. A public
meeting was not held. The NPRM published for this regulation included
three permanent safety zones on the waters of Port Angeles, Dyes Inlet
and Lake Washington. The Port Angeles hydroplane race area is
duplicative to 33 CFR 100.1307 and has been removed from this proposed
regulation. This proposed rule has been revised to create a special
local regulation designating three permanent hydroplane race areas on
the waters of Dyes Inlet, Lake Washington, and Lake Sammamish, WA to
provide effective control over these hydroplane races while ensuring
the safety of the maritime public during these events. The first
designated race area is located in the northern section of Dyes inlet,
west of Port Orchard, WA to include all waters north to land from a
line connecting the following points 47[deg]37.36' N, 122[deg]42.29' W
and 47[deg]37.74' N, 122[deg]40.64' W. The second designated race area
is located in Lake Washington, south of the interstate 90 bridge and
north of Andrew's Bay, WA to include all waters east of the shoreline
within the following points: 47[deg]34.15' N, 122[deg]16.40' W;
47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31' W;
47[deg]35.00' N, 122[deg]16.71' W. The third designated race area is
located in Lake Sammamish south to land from a line connecting the
following points 47[deg]33.810' N, 122[deg]04.810' W and 47[deg]33.810'
N, 122[deg]03.674' W.
This special local regulation will restrict vessel movement within
these designated hydroplane race areas immediately prior to, during and
immediately following these permitted hydroplane marine events. These
designated race areas are minimal in size and will be subject to
enforcement only during hydroplane racing activities, historically 12
hours or less, with the purpose of providing safety for participants
and other waterway users. These designated race areas are located in
remote locations and are therefore expected to have a minimal impact on
other waterway users. We expect races to occur multiple times
throughout the year. Notification of the activation of this special
local regulation will be provided to the public via broadcast notice to
mariners.
Regulatory Analyses
We developed this proposed 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 proposed 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 will be activated and thus
subject to enforcement for short periods of time in small areas which
are not considered high-density vessel traffic areas.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
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. This rule will affect the following small
entities: The owners or operators of vessels intending to transit or
anchor within these designated hydroplane race areas while enforced on
the waters of northern Dyes Inlet, Lake Washington, and Lake Sammamish,
Washington. This proposed rule will not have a significant economic
impact on a substantial number of small entities because it is small in
size and short in duration. The only vessels likely to be impacted will
be recreational boaters. Because the impact of this proposed rule is
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
[[Page 3059]]
significant 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 proposed 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 Ombudsman at 1-888-REG-FAIR
(188-734-3247). 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.
Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination, under paragraph 34(h) of the
Instruction, that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. A preliminary checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a special local regulation which
designates three hydroplane race areas in support of hydroplane races
events on the waters of Dyes Inlet, Lake Washington and Lake Sammamish,
WA. Because marine events which seek to use this area will be required
to conduct an environmental analysis as part of the permit process,
this proposed rule is excluded from further environmental analysis. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Safety of life on navigable waters.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add Sec. 100.1308 to read as follows:
Sec. 100.1308 Special Local Regulation[s]; Hydroplane Races within
the Captain of the Port Puget Sound Area of Responsibility.
(a) Location. The following areas are designated race areas for the
purpose of reoccurring hydroplane races:
(1) All waters of Dyes inlet, west of Port Orchard, WA to include
all waters
[[Page 3060]]
north to land from a line connecting the following points 47[deg]37.36'
N, 122[deg]42.29' W and 47[deg]37.74' N, 122[deg] 40.64' W.
(2) All waters of Lake Washington south of the interstate 90 bridge
and north of Andrew's Bay, WA to include all waters east of the
shoreline within the following points: 47[deg]34.15' N, 122[deg]16.40'
W; 47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31'
W; 47[deg]35.00' N, 122[deg]16.71' W.
(3) All waters of Lake Sammamish south to land from a line
connecting the following points 47[deg]33.810' N, 122[deg]04.810' and
47[deg]33.810' N 122[deg]03.674' W.
(b) Notice of Enforcement or Suspension of Enforcement. This
special local regulation will be activated and thus subject to
enforcement, under the following conditions: the Coast Guard must
receive and approve a marine event permit for each hydroplane event in
accordance with 33 CFR part 100. The Captain of the Port will provide
notice of the enforcement of this special local regulation by all
appropriate means to ensure the widest dissemination among the affected
segments of the public, as practicable; such means of notification may
include but are not limited to, Broadcast Notice to Mariners or Local
Notice to Mariners.
(c) Regulations. (1) When this special local regulation is
enforced, non-participant vessels are prohibited from entering the
designated race areas unless authorized by the designated on-scene
Patrol Commander.
Spectator craft may remain in designated spectator areas but must
follow the directions of the designated on-scene Patrol Commander. The
event sponsor may also function as the designated on-scene Patrol
Commander. Spectator craft entering, exiting or moving within the
spectator area must operate at speeds which will create a minimum wake.
(2) Emergency Signaling. A succession of sharp, short signals by
whistle or horn from vessels patrolling the areas under the discretion
of the designated on-scene 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: November 24, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2011-1022 Filed 1-18-11; 8:45 am]
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