[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16709-16711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9430]



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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: Final rule.

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SUMMARY: The Coast Guard is adopting 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

[[Page 16710]]

protect the safety of life on the navigable waters during this event. 
However, because the event recurs annually, the Coast Guard has 
established a permanent regulation in the Code of Federal Regulations 
(CFR) to better inform the boating public.

EFFECTIVE DATE: This rule is effective on May 17, 1996.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at U.S. Coast Guard 
Group Seattle, Operations Division, Building One, Room 130, 1519 
Alaskan Way So., Seattle, WA. Normal office hours are between 7 a.m. 
and 4 p.m. Monday through Friday, except Federal holidays. The 
telephone number is (206) 217-6138.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On January 17, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled Special Local Regulations; Annual National Maritime 
Week Tugboat Races, Elliott Bay, Seattle, WA, in the Federal Register 
(61 FR 1182). The Coast Guard received no letters commenting on the 
proposal. No public hearing was requested, and none was held.

Background and Purpose

    The Coast Guard is adopting permanent local regulations for the 
annual National Maritime Week Tugboat Races in Seattle, Washington. 
This event 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 has adopted 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 in 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. To promote the safety 
of both the spectators and participants, the special local regulations 
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.

Discussion of Comments and Changes

    No comments were received and no changes were made to the proposal. 
The special local regulations are being adopted as proposed.

Regulatory Evaluation

    This 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).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule would 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 rule 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 rule will 
not have a significant impact on a substantial number of small 
entities.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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 rule does not have sufficient federalism 
implications to warrant the preparation of a federalism assessment.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under paragraph 2.B.2 of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this 
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.

Final Regulations

    For the reasons set out in the preamble, the Coast Guard amends 
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 Sec. 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 beginning at: 47 deg. 37' 36'' N, 122 deg. 22' 42'' W; thence to 
47 deg. 37' 24.5'' N, 122 deg. 22' 58.5'' W; thence to 47 deg. 36' 08'' 
N, 122 deg. 20' 53'' W; thence to 47 deg. 36' 21'' N, 122 deg. 20' 31'' 
W; thence returning to the origin. This regulated area resembles a 
rectangle measuring approximately 3,900 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

[[Page 16711]]

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. This section is 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: March 29, 1996.
John W. Lockwood,
U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 96-9430 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M