[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Rules and Regulations]
[Pages 23936-23938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9078]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-05-004]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is permanently amending the special local 
regulation governing general navigation and anchorage in the vicinity 
of the Annual National Maritime Week Tugboat Races, Seattle, 
Washington. Changes made to this regulation will clarify its annual 
enforcement date. This change is intended to better inform the boating 
public and to improve the level of safety at this event. Entry into the 
area established is prohibited unless authorized by the Captain of the 
Port.

DATES: This rule is effective May 6, 2005.

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 [CGD13-05-004] and are available for inspection or 
copying at Marine Safety Office Puget Sound, 1519 Alaskan Way South, 
Seattle, Washington 98134 between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG J. L. Hagen, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206) 217-
6002 or (800) 688-6664.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 29, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations; National Maritime Week 
Tugboat Races, Seattle, WA'' in the Federal Register (70 FR 15786). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Only the enforcement dates 
currently published in 33 CFR 100.1306 will be changed by this 
modification. Due to calendar cycles, the event may fall on the second 
or third Saturday in May. This modification will correct the error to 
allow for the regulated area to be enforced when the event occurs. In 
2005, the event falls on the second Saturday in May which is a period 
less than 30 days from the date this final rule will be published. It 
is in the public interest that this special local regulation be 
enforced on the date of the event to protect the safety of event 
participants and spectators.

Background and Purpose

    Each year in May, the Annual National Maritime Week Tugboat Races, 
are held on the waters of Puget Sound in Elliott Bay near Seattle, 
Washington. Special local regulations in 33 CFR 100.1306 are enforced 
each year during the event to provide for public safety by controlling 
the movement of spectators and participants in the area of the race 
course.
    This rule permanently amends 33 CFR 100.1306 requiring compliance 
with the regulation each year on either the second or third Saturday in 
May. Specific times of compliance will be published in the Federal 
Register each year as a notice of enforcement.
    The remainder of the existing regulation remains unchanged.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM 
proposing this final rule.

Discussion of Rule

    The Coast Guard is permanently amending 33 CFR 100.1306--Annual 
National Maritime Week Tugboat Races, Seattle, Washington, to require 
compliance with the regulation each year in May on the second or third 
Saturday. The current regulation does not accurately describe the 
enforcement period. Due to calendar cycles, the event may fall on the 
second or third Saturday in May. This modification will correct the 
error to allow for the regulated area to be enforced for the safety of 
the public when the event occurs.

[[Page 23937]]

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 Homeland 
Security (DHS). Although this rule will restrict access to the 
regulated area, the effect of this rule will not be significant 
because: (i) Vessels desiring to transit this area of Elliott Bay may 
do so by scheduling their trips in the early morning or evening when 
the restrictions on general navigation imposed by this section will not 
be in effect; (ii) the regulated area is limited in size; and (iii) the 
duration of the event is less than four hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to operate 
near or anchor in the vicinity of the regulated area.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) 
Vessels desiring to transit this area of Elliott Bay may do so by 
scheduling their trips in the early morning or evening when the 
restrictions on general navigation imposed by this section will not be 
in effect; (ii) the regulated area is limited in size; and (iii) the 
duration of the event is less than four hours. For these reasons, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this change will not 
have a significant economic impact on a substantial number of small 
entities.

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 will 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.
    Small businesses may send comments on the actions of Federal 
employees 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

[[Page 23938]]

adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(h), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


0
2. In Sec.  100.1306 revise paragraph (c) to read as follows:


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

* * * * *
    (c) Enforcement dates. This section is enforced annually on the 
second or third Saturday in May from 12 p.m. to 4:30 p.m. The event 
will be one day only and the specific date will be published each year 
in the Federal Register. In 2005, this section will be enforced from 12 
p.m. to 4:30 p.m. on Saturday May 14.

    Dated: April 25, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-9078 Filed 5-5-05; 8:45 am]
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