[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Proposed Rules]
[Pages 36899-36901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12648]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-05-009]
RIN 1625-AA08


Special Local Regulations, Strait Thunder Performance, Port 
Angeles, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing permanent special local 
regulations for the Strait Thunder Race held on the waters of Port 
Angeles Harbor, Port Angeles, Washington. These special local 
regulations limit the movement of non-participating vessels in the 
regulated race area and provide for a viewing area for spectator craft. 
This proposed rule is needed to provide for the safety of life on 
navigable waters during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before August 26, 2005.

ADDRESSES: You may mail comments and related material to Sector 
Commander, Sector Seattle, 1519 Alaskan Way South, Seattle, Washington 
98134. Sector Seattle maintains the public docket [CGD13-05-009] 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 Sector Seattle 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-
6232.

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 (CGD13-05-
009), 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 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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Sector Seattle at the address under 
ADDRESSES explaining why one 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

    These hydroplane races pose several dangers to the public including 
excessive noise, objects falling from any accidents, and hydroplanes 
racing at high speeds in close proximity to other vessels. Accordingly, 
regulatory action is needed in order to provide for the safety of 
spectators and participants during the event.

Discussion of Proposed Rule

    This rule will create two regulated areas, a race area and a 
spectator area. These regulated areas will assist in minimizing the 
inherent dangers associated with hydroplane races. These dangers 
include, but are not limited to, excessive noise, race craft traveling 
at high speed in close proximity to one another and to spectator craft, 
and the risk of airborne objects from any accidents associated with 
hydroplanes. In the event that hydroplanes require emergency 
assistance, rescuers must have immediate and unencumbered access to the 
craft. The Coast Guard, through this action, intends to promote the 
safety of personnel, vessels, and facilities in the area. Due to these 
concerns, public safety requires these regulations to provide for the 
safety of life on the navigable waters. This proposed rule is 
substantially identical to a temporary final rule that was established 
for the 2004 Strait Thunder race and published in the Federal Register 
on September 30, 2004 (CGD13-04-039, 69 FR 58053).

Regulatory Evaluation

    This proposed 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

[[Page 36900]]

Department of Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This expectation is based on the 
fact the regulated area established by the proposed rule would 
encompass an area near Port Angeles Harbor, not frequented by 
commercial navigation. The regulation is established for the benefit 
and safety of the recreational boating public, and any negative 
recreational boating impact is offset by the benefits of allowing the 
hydroplanes to race. In addition, this proposed rule would only be 
enforced during a three day period. Specifically, this proposed rule 
would be enforced annually during the first or second Friday, Saturday, 
and Sunday in October from 9 a.m. to 5 p.m. Pacific daylight time. 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), the Coast 
Guard 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. 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 Port Angeles Harbor 
during the time this regulation is in effect. The zone will not have a 
significant economic impact due to its short duration and small area. 
The only vessels likely to be impacted will be recreational boaters and 
small passenger vessel operators. The event is held for the benefit and 
entertainment of those above categories. 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 et seq.) this 
proposed rule would 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 proposed 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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so 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.
    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 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 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) 
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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42U.S.C. 4321-4370f), and have 
concluded 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. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

[[Page 36901]]

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend part 100 of Title 33, Code of Federal Regulations, as follows:

PART 100--MARINE EVENTS [AMENDED]

    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
    2. Sec.  100.1307 is added to read as follows:


Sec.  100.1307  Special Local Regulations, Strait Thunder Performance, 
Port Angeles, WA.

    (a) Regulated Areas. (1) The race area encompasses all waters 
located inside of a line connecting the following points located near 
Port Angeles, Washington:

Point 1: 48[deg]07'24'' N, 123[deg]25'32'' W;
Point 2: 48[deg]07'26'' N, 123[deg]24'35'' W;
Point 3: 48[deg]07'12'' N, 123[deg]25'31'' W;
Point 4: 48[deg]07'15'' N, 123[deg]24'34'' W.

    [Datum: NAD 1983].
    (2) The spectator area encompasses all waters located within a box 
bounded by the following points located near Port Angeles, Washington:

Point 1: 48[deg]07'32'' N, 123[deg]25'33'' W;
Point 2: 48[deg]07'29'' N, 123[deg]24'36'' W;
Point 3: 48[deg]07'24'' N, 123[deg]25'32'' W;
Point 4: 48[deg]07'26'' N, 123[deg]24'35'' W.

    [Datum: NAD 1983.]
    (b) Definitions. For the purpose of this section the following 
definitions apply:
    (1) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by Commander, 
Coast Guard Group Port Angeles. The Coast Guard Patrol Commander is 
empowered to control the movement of vessels in the regulated area.
    (2) Patrol Vessel means any Coast Guard vessel, Coast Guard 
Auxiliary vessel, or other Federal, State or local law enforcement 
vessel.
    (c) Special Local Regulations. (1) Non-participant vessels are 
prohibited from entering the race area unless authorized by the Coast 
Guard Patrol Commander.
    (2) Spectator craft may remain in the designated spectator area but 
must follow the directions of the Coast Guard Patrol Commander. 
Spectator craft entering, exiting or moving within the spectator area 
must operate at speeds, which will create a minimum wake, and not 
exceed seven knots. The maximum speed may be reduced at the discretion 
of the Patrol Commander.
    (3) A succession of sharp, short signals by whistle or horn from a 
Patrol Vessel will serve as a signal to stop. Vessels signaled must 
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.
    (4) The Coast Guard Patrol Commander may be assisted by other 
federal, state and local law enforcement agencies in enforcing this 
regulation.
    (d) Enforcement dates. This section is enforced annually on the 
first or second Friday, Saturday, and Sunday in October from 9 a.m. 
until 5 p.m. The event is a three day event and the specific dates will 
be published each year in the Federal Register. In 2005, this section 
will be enforced from 9 a.m. until 5 p.m. on Friday, September 30th, to 
Sunday, October 2nd.

    Dated: June 13, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-12648 Filed 6-24-05; 8:45 am]
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