[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34821-34823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16484]


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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: Final rule.

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SUMMARY: The Coast Guard is updating the Seafair Special Local 
Regulation (SLR) to enhance the safe execution of Seafair's hydroplane 
and air show event. The 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: This rule is effective August 1, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD 13-01-004 and are available for inspection or 
copying at Commander, Thirteenth Coast Guard District (m), Jackson 
Federal Building, 915 Second Avenue, Room 3506, Seattle, WA, 98174-1067 
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:

Regulatory Information

    On April 6, 2001 we published a notice of proposed rulemaking 
(NPRM) entitled Modification to Special Local Regulation (SLR) for 
Seattle Seafair Unlimited Hydroplane Race in the Federal Register (66 
FR 18219). We received no letters commenting on the proposed rule. No 
public hearing was requested, and none was held.

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 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. We are now expanding this to a three-week period. We are 
also adding language to address the hazards associated with swimmers 
and rafting of vessels, which are not included in 33 CFR 100.1301.

Discussion of Comments and Changes

    No comments were received in connection with this rulemaking. No 
changes have been made to the proposed rule.

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 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 
rulemaking 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 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 
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 be impacted.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), 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. 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.
    Small businesses may send comments on the actions of Federal 
employees

[[Page 34822]]

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).

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 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 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 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 concern 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. It has not been designated as a significant energy action by 
the Administrator of the Office of Information and Regulatory Affairs. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (34) (h), of Commandant 
Instruction M16475.lC, this 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 amends 
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:


Sec. 100.1301  Seattle seafair unlimited hydroplane race.

    (a) This section is 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.

[[Page 34823]]

    (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: June 13, 2001.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth District.
[FR Doc. 01-16484 Filed 6-29-01; 8:45 am]
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