[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Rules and Regulations]
[Pages 40863-40865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15183]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-02-007]
RIN 2115-AA97


Safety Zone; Silver Dollar Casino Cup Hydroplane Races, Lake 
Washington, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Washington. The Captain of the Port Puget Sound, 
Seattle, Washington, is taking this action to safeguard participants 
and spectators from the safety hazards associated with high performance 
watercraft operating at high speeds.

DATES: This rule is effective from 11 a.m. (PDT) on June 15, 2002 until 
5 p.m. (PDT) on June 16, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-02-007 and are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Office 
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington 
98134. Normal office hours are between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT A. L. Praskovich, c/o Captain of 
the Port Puget Sound, at (206) 217-6232.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Publishing a NPRM would be contrary to the public 
interest since immediate action is necessary to ensure the safety of 
vessels and persons that may be transiting in the vicinity of the 
Silver

[[Page 40864]]

Dollar Casino Cup races. Specifically, the zone is needed to protect 
participant and spectator watercraft and their occupants from safety 
hazards associated with high performance vessels conducting complex 
maneuvers at high speed. Many onlookers may attempt to view the races 
at close range, thereby increasing their exposure to these hazards. In 
turn, participant craft maneuvering at high speed are extremely 
susceptible to the effects of stray wakes entering the race course. If 
normal notice and comment procedures were followed, this rule would not 
become effective until after the date of the event.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone for the 
Silver Dollar Casino Cup Regatta Hydroplane races sponsored by the 
Northwest Power Boat Association. The zone is needed to protect 
participant and spectator watercraft and their occupants from safety 
hazards associated with high performance vessels conducting complex 
maneuvers at high speed. Many onlookers may attempt to view the races 
at close range, thereby increasing their exposure to these hazards. In 
turn, participant craft maneuvering at high speed are extremely 
susceptible to the effects of stray wakes entering the racecourse. 
Entry into the race course portion of the safety zone will be 
prohibited. Entry into the spectator portion of the safety zone will be 
authorized at a slow no-wake speed. A buoy line will mark the perimeter 
of the race course portion of the safety zone beyond which spectator 
vessels may not proceed. This safety zone 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, 
state, or local agencies.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary. This expectation is 
based on the fact that the regulated area established by the rule would 
encompass a small area that should not significantly impact commercial 
or recreational traffic. Recreational vessels are the primary users of 
this area, and the event is being held for the benefit of recreational 
boaters. For the above reasons, the Coast Guard does not anticipate any 
significant economic impact.

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. ``Small entities'' include 
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. This 
rule will affect the following entities, some of which may be small 
entities: the owners or operators of vessels intending to transit this 
portion of Lake Washington when this rule is in effect. The rule will 
not have a significant economic impact due to its short duration and 
small area. Because the impacts of this proposal are expected to be so 
minimal, the Coast Guard certifies under 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601-612) that this final rule will not have a 
significant economic impact on a substantial number of small entities.
    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 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 the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

Collection of Information

    This 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 rule under Executive Order 13132, Federalism, 
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 rule would not impose an unfunded mandate.

Taking of Private Property

    This 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 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

[[Page 40865]]

likely to have a significant adverse effect on the supply, 
distribution, or use of energy. It has not been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph(34)(g) of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion'' is provided 
for temporary safety zones of less than one week in duration. This rule 
establishes a temporary safety zone of limited duration which will be 
within the one-week timeframe.

List of Subjects in 33 CFR Part 165

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


    For the reasons set out in the preamble, the Coast Guard amends 33 
part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. From 11 a.m. (PDT) on July 15, 2002, until 5 p.m. (PDT) on July 
16, 2002, a temporary Sec. 165.T13-004 is added to read as follows:


Sec. 165.T13-004  Safety Zone; Silver Dollar Casino Cup hydroplane 
races, Lake Washington, WA.

    (a) Location. The following area is a safety zone: all waters of 
Lake Washington, Renton, Washington, bounded by a line commencing at 
Coleman Point in position 47 deg.31'07'' N, 122 deg.12'42'' W; thence 
1500 feet due west to 47 deg.31'07'' N, 122 deg.13'05'' W; thence due 
south to the Renton Municipal Airport Runway at 47 deg.30'02'' N, 
122 deg.13'05'' W; thence returning along the shoreline to point of 
origin. (Datum: NAD 83)
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, no person or vessel may enter or remain in 
the race course portion of this zone, except for: participants in the 
event, supporting personnel, vessels registered with the event 
organizer, or other vessels authorized by the Captain of the Port or 
his designated representatives. Vessels entering the spectator portion 
of the safety zone must proceed at a slow no-wake speed and, upon 
notice, shall obey the lawful order or direction of the Captain of the 
Port or his designated representatives.
    (c) Enforcement period. This section will be enforced from 11 a.m. 
(PDT) to 5 p.m. (PDT) on June 15 and 16, 2002.

    Dated: May 28, 2002.
M.R. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 02-15183 Filed 6-12-02; 2:26 pm]
BILLING CODE 4910-15-P