[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Proposed Rules]
[Pages 18219-18221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8446]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 13-01-004]
RIN 2115-AE46


Modification to Special Local Regulation (SLR) for Seattle 
Seafair Unlimited Hydroplane Race

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to update the Seafair Special Local 
Regulation (SLR) to enhance the safe execution of Seafair's hydroplane 
and air show event. The proposed rule adds one week to the time period 
within which the regulations of the SLR can become effective each year 
and adds restrictions on swimming and rafting within the regulated 
areas.

DATES: Comments and related material must reach the Coast Guard on or 
before June 5, 2001.

ADDRESSES: You may mail comments and related material to Commander, 
Thirteenth Coast Guard District (m), Jackson Federal Building, 915 
Second Avenue, Room 3506, Seattle, WA, 98174-1067. The Thirteenth Coast 
Guard District maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents, 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at the Marine Safety Division, 35th floor, Thirteenth Coast 
Guard District, Seattle, Washington between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Jane Wong, either 
at the above address, or by phone at (206) 220-7224.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD 13-01-
004), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. However, you may submit a 
request for a meeting by writing to the person identified in the FOR 
FURTHER INFORMATION CONTACT section, or to the address under ADDRESSES 
explaining why 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.

Background and Purpose

    For more than 50 years the Seafair hydroplane races and air show on 
and over Lake Washington have been a Pacific Northwest tradition, 
entertaining millions of people over that period. However, these 
entertaining events involve risks to both spectators and participants. 
During the hydroplane races and air show, the marine congestion 
associated with the number of boats, swimmers, and spectators on shore 
challenges even the most experienced seaman. There is an inherent risk 
of a participating boat or plane losing control or crashing. This 
potentially violent and deadly scenario necessitates the maintenance of 
a regulated area to protect spectators while providing unobstructed 
vessel traffic lanes to ensure timely arrival of emergency response 
craft.
    The current Seafair SLR contained in 33 CFR 100.1301 has been in 
effect since 1986 and allows the regulations to be effective within a 
two-week time period.

Discussion of Proposed Rule

    The proposed rule makes several editorial changes to clarify the 
Seafair SLR and increase the readability of the rule with the 
activities regulated in each zone being more clearly identified.
    There are also several modifications to the existing rule that the 
Coast Guard believes will increase the safety and efficiency of the 
event. The current SLR is only in effect during the last week of July 
and the first week of August. The dates for Seafair change slightly on 
an annual basis and could fall outside the effective dates of the 
current SLR. The

[[Page 18220]]

proposed rule expands the time when regulations can be in effect by one 
week to ensure that the regulation is in effect during Seafair. The 
expanded time period will allow for flexibility to change the date of 
Seafair. The dates and times when the regulations are implemented 
during the three-week timeframe of the rule will be published as a 
notice of implementation in the Local Notice to Mariners.
    The current SLR does not sufficiently address swimmers and rafting 
of vessels. Over the years, some of the most severe injuries that have 
occurred on the water have been caused by boats running over swimmers. 
The proposed rule contains new constraints for swimmers to ensure 
persons either stay out of the water or within 10 feet of any vessel 
during heavy vessel traffic periods when the risk of injury is 
greatest. The proposed rule also includes guidelines for rafted 
vessels. Large numbers of vessels rafting can increase emergency 
response time and result in hazardous waterway congestion. In addition, 
rafting significantly exacerbates an emergency condition such as a 
vessel on fire or taking on water. Rafting to a log boom will be 
limited to groups of three (3) vessels, while drifting and anchored 
vessels away from the log boom will be limited to groups of six (6) 
vessels. These rules will allow emergency response vessels to move more 
effectively within the congested regulated area and reduce the exposure 
of vessels to dangerous situations.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory 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. The Office of Management and Budget has not reviewed it 
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).
    We expect any economic impact as a result of this proposed 
regulation to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This change slightly modifies existing safety regulations, 
and should not effect the economic activities of any Seafair 
participant or spectator.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.
    (1) Small entities this rule may affect include owners and 
operators of vessels, including small passenger vessels, intending to 
transit or anchor in a portion of Lake Washington during the event.
    (2) This regulation will not have a significant economic impact on 
these small entities because there will be no substantial change from 
the way vessel operations have been running in years past. Because 
these regulations are aimed at recreational vessels, commercial vessels 
will not impacted.
    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 (Public Law 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 LT P.M. Stocklin, Jr. at Marine 
Safety Office Puget Sound, Waterways Management Branch, (206) 217-6237.

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

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect 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 does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(h), of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation. This rule makes minor changes 
to the existing rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--MARINE EVENTS

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

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Revise Sec. 100.1301 to read as follows:

[[Page 18221]]

Sec. 100.1301  Seattle Seafair Unlimited Hydroplane Race.

    (a) This regulation will be in effect annually during the last week 
in July and the first two weeks of August from 8 a.m until 8 p.m. 
Pacific Daylight Time, as published in the Local Notice of Mariners. 
The event will be one week or less in duration. The specific dates 
during this time frame will be published in the Local Notice to 
Mariners.
    (b) The area where the Coast Guard will restrict general navigation 
by this regulation during the hours it is in effect is: The waters of 
Lake Washington bounded by the Interstate 90 (Mercer Island/Lacey V. 
Murrow) Bridge, the western shore of Lake Washington, and the east/west 
line drawn tangent to Bailey Peninsula and along the shoreline of 
Mercer Island.
    (c) The area described in paragraph (b) of this section has been 
divided into two zones. The zones are separated by a line perpendicular 
from the I-90 Bridge to the northwest corner of the East log boom and a 
line extending from the southeast corner of the East log boom to the 
southeast corner of the hydroplane race course and then to the 
northerly tip of Ohlers Island in Andrews Bay. The western zone is 
designated Zone I, the eastern zone, Zone II. (Refer to NOAA Chart 
18447).
    (d) The Coast Guard will maintain a patrol consisting of Coast 
Guard vessels, assisted by Auxiliary Coast Guard vessels, in Zone II. 
The Coast Guard patrol of this area is under the direction of the Coast 
Guard Patrol Commander (the ``Patrol Commander''). The Patrol Commander 
is empowered to control the movement of vessels on the racecourse and 
in the adjoining waters during the periods this regulation is in 
effect. The Patrol Commander may be assisted by other federal, state 
and local law enforcement agencies.
    (e) Only authorized vessels may be allowed to enter Zone I during 
the hours this regulation is in effect. Vessels in the vicinity of Zone 
I shall maneuver and anchor as directed by Coast Guard Officers or 
Petty Officers.
    (f) During the times in which the regulation is in effect, 
swimming, wading, or otherwise entering the water in Zone I by any 
person is prohibited while hydroplane boats are on the racecourse. At 
other times in Zone I, any person entering the water from the shoreline 
shall remain west of the swim line, denoted by buoys, and any person 
entering the water from the log boom shall remain within ten (10) feet 
of the log boom.
    (g) During the times in which the regulation is in effect, any 
person swimming or otherwise entering the water in Zone II shall remain 
within ten (10) feet of a vessel.
    (h) During the times this regulation is in effect, rafting to a log 
boom will be limited to groups of three vessels.
    (i) During the times this regulation is in effect, up to six (6) 
vessels may raft together in Zone II if none of the vessels are secured 
to a log boom.
    (j) During the times this regulation is in effect, only vessels 
authorized by the Patrol Commander, other law enforcement agencies or 
event sponsors shall be permitted to tow other watercraft or inflatable 
devices.
    (k) Vessels proceeding in either Zone I or Zone II during the hours 
this regulation is in effect shall do so only at speeds which will 
create minimum wake, seven (07) miles per hour or less. This maximum 
speed may be reduced at the discretion of the Patrol Commander.
    (l) Upon completion of the daily racing activities, all vessels 
leaving either Zone I or Zone II shall proceed at speeds of seven (07) 
miles per hour or less. The maximum speed may be reduced at the 
discretion of the Patrol Commander.
    (m) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the areas under the direction of the Patrol 
Commander shall serve as 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. The Coast Guard may be assisted by other federal, state and 
local law enforcement agencies, as well as official Seafair event 
craft.

    Dated March 1, 2001.
E.M. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth District.
[FR Doc. 01-8446 Filed 4-5-01; 8:45 am]
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