[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)]
[Proposed Rules]
[Pages 1182-1183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-449]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD13-95-003]


Special Local Regulations; Annual National Maritime Week Tugboat 
Races, Elliott Bay, Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to adopt permanent special local 
regulations for the annual National Maritime Week Tugboat Races in 
Seattle, Washington. This event is held each year on the third Saturday 
in May on the waters of Elliott Bay. In the past, the Coast Guard has 
established a safety zone each year to protect the safety of life on 
the navigable waters during this event. However, because the event 
recurs annually, the Coast Guard is proposing to adopt a permanent 
description of the event and permanent regulations in the Code of 
Federal Regulations (CFR) to better inform the boating public.

DATES: Comments must be received on or before March 18, 1996.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group Seattle, 
1519 Alaskan Way So., Seattle, WA 98134. The comments and other 
materials referenced in this notice will be available for inspection 
and copying at the above address in Building One, Room 130, Operations 
Division. Normal office hours are between 7 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Comments may also be hand-
delivered to this address.

FOR FURTHER INFORMATION CONTACT:
LT Ben White, Assistant Operations Officer, U.S. Coast Guard Group 
Seattle, (206) 217-6138.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this ruelmaking by submitting written data, views, and arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice, specify the section of this notice to which each 
comment applies, and give the reason for each comment. Two copies of 
each comment should be provided in an unbound format. All comments 
should on paper no larger than 8\1/2\ by 11 inches and should be 
suitable for copying and electronic filing. Persons wanting 
acknowledgement of receipt of their comments should enclose stamped, 
self-addressed postcards or envelopes.
    The proposed regulations may be changed in light of comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the above address. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentation will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

    Drafting Information. The principal persons involved in drafting 
this document are LT Ben White, Project Officer, U.S. Coast Guard 
Group Seattle, and LCDR John Odell, Project Attorney, Thirteenth 
Coast Guard District Legal Office.

Background and Purpose

    The Coast Guard proposes to adopt permanent special local 
regulations for the annual National Maritime Week Tugboat Races in 
Seattle, Washington. This even is held on the waters of Elliott Bay 
each year from 12 p.m. to 4:30 p.m. on the third Saturday in May. In 
the past, the Coast Guard has established a safety zone each year to 
protect the safety of life on the navigable waters during the event. 
However, because the event recurs annually, the Coast Guard is 
proposing to adopt a permanent description of the event and permanent 
regulations in the Code of Federal Regulations (CFR) to better inform 
the boating public. The Coast Guard, through this action, intends to 
promote the safety of spectators and participants in this event. The 
Tug Boat Races are sponsored by the Seattle Maritime Week Committee as 
part of the Seattle Maritime Week celebration. This one day event has 
been held on Elliott Bay for the last ten years. The race attracts a 
large number of spectator craft which gather on the waters near the 
race course.

Discussion of Proposed Regulation

    To promote the safety of both the spectators and participants, the 
proposed special local regulations would establish a regulated area and 
prohibit entry into this area during the event. These special local 
regulations will be enforced by representatives of the Captain of the 
Port Puget Sound, Seattle, Washington. The Captain of the Port may be 
assisted by other federal agencies.

Regulatory Evaluation

    This proposal is not a significant action under section 3(f) of 
Executive Order 12866 and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that order. It has been 
exempted from review by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full regulatory evaluation under paragraph 10e of the 


[[Page 1183]]
regulatory policies and procedures of DOT is unnecessary. The regulated 
areas established by the proposed regulation would encompass less than 
one square nautical mile on Elliott Bay adjacent to the Seattle 
waterfront. Entry into the regulatory area would be restricted for less 
than five hours on the day of the event. These restrictions would have 
little effect on maritime commerce in the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because the impacts of this proposal are expected to 
be minimal, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposal 
will not have a significant impact on a substantial number of small 
entities.

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a federalism assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed regulation and concluded that, under paragraph 2.B.2 of 
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29, 
1994), this proposed regulation is categorically excluded from further 
environmental documentation. Appropriate environmental analysis of the 
National Maritime Week Tugboat Race will be conducted in conjunction 
with the marine event permitting process each year. Any environmental 
documentation required under the National Environmental Policy Act will 
be completed prior to the issuance of a marine event permit for this 
event.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend Part 100 of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A new section 100.1306 is added to read as follows:


Sec. 100.1306  National Maritime Week Tugboat Races, Seattle, WA

    (a) Regulated Area. A regulated area is established on that portion 
of Elliott Bay along the Seattle waterfront in Puget Sound bounded by a 
line commencing at latitude 47 deg.37'36.0'' N, longitude 
122 deg.22'42.0'' W; thence to latitude 47 deg.37'24.5'' N, longitude 
122 deg.22'58.5'' W; thence to latitude 47 deg.36'08.0'' N, longitude 
122 deg.20'53.0'' W; thence to latitude 47 deg.36'21.0'' N, longitude 
122 deg.20'31.0'' W; thence returning to the origin. This regulated 
area resembles a rectangle measuring approximately 3900 yards along the 
shoreline between Pier 57 and Pier 89, and extending approximately 650 
yards into Elliott Bay. Temporary floating markers will be placed by 
the race sponsors to delineate the regulated area. [Datum: NAD 1983]
    (b) Special Local Regulations.
    (1) No person or vessel may enter or remain in the regulated area 
except for participants in the event, supporting personnel, vessels 
registered with the event organizer, and personnel or vessels 
authorized by the Coast Guard Patrol Commander.
    (2) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard vessels and personnel in 
the area described in paragraph (a) of this section. The patrol shall 
be under the direction of a Coast Guard officer or petty officer 
designated by the Captain of the Port as the Coast Guard Patrol 
Commander. The Patrol Commander may forbid and control the movement of 
vessels in the area described in paragraph (a) of this section.
    (3) A succession of sharp, short blasts from whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall 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.
    (c) Effective dates. These regulations become effective annually on 
the third Saturday of May from 12 p.m. to 4:30 p.m. unless otherwise 
specified by Federal Register notice.

    Dated: December 21, 1995.
John W. Lockwood,
U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 96-449 Filed 1-16-96; 8:45 am]
BILLING CODE 4910-14-M