[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17339-17341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7284]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation to
restrict vessel movement in designated permanent hydroplane race areas
in Dyes Inlet, Lake Washington and Lake Sammamish, WA during permitted
hydroplane race events. When this special local regulation is
activated, and thus subject to enforcement, this rule will limit the
movement of non-participating vessels within the regulated race areas
immediately prior to, during and immediately following the conclusion
of permitted hydroplane marine events. This rule is needed to provide
effective control over these events while ensuring the safety of the
maritime public.
DATES: This rule is effective March 29, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0996 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0996 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 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 the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On Tuesday, January 19, 2010, we published a notice of proposed
rulemaking (NPRM) entitled Safety Zone Regulation; Hydroplane Races
within the Captain of the Port Puget Sound Area of Responsibility in
the Federal Register (75 FR 2833). On Wednesday, January 19, 2011, we
published a supplemental notice of proposed rulemaking (SNPRM),
revising the rulemaking to create a special local regulation
designating three permanent hydroplane race areas under 33 CFR part 100
in the Federal Register (76 FR 3057). We did not receive any comments
on the NPRM or SNPRM and did not receive any requests for a public
meeting. A public meeting was not held.
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. Immediate action is necessary to
protect life, property and the environment; therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to the
intended objective of promoting safety during these permitted events
because the ULHRA Spring Training takes place on 21 April 2011 in the
Lake Washington designated race area and this is less than 30 days
after publication in the Federal Register.
Basis and Purpose
The U.S. Coast Guard is establishing special local regulations to
establish three permanent designated hydroplane race areas in Dyes
Inlet, Lake Washington, and Lake Sammamish, WA within the Captain of
the Port, Puget Sound Area of Responsibility. This action is necessary
in order to restrict vessel movement in the vicinity of the race
courses thereby promoting safety on navigable waters during these
events.
Background
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. This rule establishes a special
local regulation to restrict vessel movement in designated hydroplane
race areas during permitted hydroplane marine events. This rule enables
event sponsors and the Coast Guard to adequately provide safety in
support of these marine events.
Initial Enforcement
The Coast Guard will enforce the special local regulation for Lake
Washington in 33 CFR 100.1308 from 10 a.m. until 4 p.m. on April 21,
2011.
[[Page 17340]]
Discussion of Comments and Changes
The notice of proposed rulemaking and supplemental notice of
proposed rulemaking for this rule did not receive any comments.
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.
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 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 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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
[[Page 17341]]
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)(h), of the Instruction. This rule involves a special
local regulation to establish vessel movement restrictions in
designated race areas immediately prior to, during and immediately
following permitted hydroplane race events. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water).
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for Part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.1308 to read as follows:
Sec. 100.1308 Special Local Regulation; 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) 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 (NAD 1983).
(2) Lake Washington. South of the Interstate 90 bridge and north of
Andrew's Bay 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 (NAD 1983).
(3) 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 (NAD 1983).
(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 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: March 3, 2011.
A.T. Ewalt,
Captain, U.S. Coast Guard, Acting District Commander, Thirteenth Coast
Guard District.
[FR Doc. 2011-7284 Filed 3-28-11; 8:45 am]
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