[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Rules and Regulations]
[Pages 58055-58056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20021]



[[Page 58055]]

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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 rule is needed to provide for 
the safety of life on navigable waters during the event.

DATES: This rule is effective October 5, 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 CGD13-05-009 and are available for inspection or 
copying at Sector Seattle, 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 Jes Hagen, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134 (206) 217-
6232.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 27, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Strait Thunder Performance, Port Angeles, WA in the 
Federal Register (70 FR 122). 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. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, support craft, spectator 
craft and other vessels transiting the event area. For the safety 
concerns noted, it is in the public interest to have these regulations 
in effect during the event. However, advance notifications will be made 
to users of the waterway via marine information broadcasts and area 
newspapers.

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 Comments and Changes

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

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).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard 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. 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 rule 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 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 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 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so they can 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 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 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

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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 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 part 
100 of Title 33, Code of Federal Regulations, as follows:

PART 100--MARINE EVENTS

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. Section 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: September 27, 2005.
R.R. Houck,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-20021 Filed 10-4-05; 8:45 am]
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