[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Rules and Regulations]
[Pages 44210-44213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12582]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-06-038]
RIN 1625-AA08


Special Local Regulations, Seattle Seafair, Lake Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations (SLR) for the Seattle Seafair, Lake Washington, 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 Seafair. The rule adds four hours to the 
effective time period of the existing SLR to accommodate the addition 
of a fireworks display in this year's Seafair.

DATES: This rule is effective from 8 p.m. (PDT) until 11:59 p.m. (PDT) 
on August 5, 2006 unless sooner cancelled by the Captain of the Port.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD13-06-038] and are available for 
inspection or copying at the Waterways Management Division, Coast Guard 
Sector Seattle, 1519 Alaskan Way South, Seattle, WA 98134, between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

[[Page 44211]]


FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen, 
c/o Captain of the Port Puget Sound, 1519 Alaskan Way South, Seattle, 
Washington 98134, (206) 217-6200.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. The Coast Guard was not notified about the fireworks show 
until July 19, 2006. 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 a NPRM 
and for making this rule effective less than 30 days after publication 
in the Federal Register. Publishing a NPRM would be contrary to public 
interest since immediate action is necessary to ensure the safety of 
commercial and recreational vessels in the vicinity of the fireworks on 
the date and times this rule will be in effect. If normal notice and 
comment procedures were followed, this rule would not become effective 
until after the date of the event.
    On July 2, 2001, the Coast Guard published a final rule (66 FR 
34822) modifying the regulations in 33 CFR 100.1301 for the safe 
execution of the Seattle Seafair Unlimited Hydroplane races on the 
waters of Lake Washington. This SLR provides for a regulated area to 
protect spectators while providing unobstructed vessel traffic lanes to 
ensure timely arrival of emergency response craft. Movements are 
regulated for all vessels in the area as described under 33 CFR 
100.1301 or unless otherwise regulated by the COTP or his designee. 
This temporary final rule is required to increase the length of time 
affected by the regulation.

Background and Purpose

    For more than 50 years Seafair on Lake Washington has been a 
Pacific Northwest tradition, entertaining millions of people over that 
period. However, this entertaining event involves risks to both 
spectators and participants. During Seafair, the marine congestion 
associated with the number of boats, swimmers, and spectators on shore 
challenges even the most experienced seaman. These conditions 
necessitate the maintenance of a regulated area to protect spectators 
while providing unobstructed vessel traffic lanes to ensure timely 
arrival of emergency response craft.
    The Coast Guard is establishing special local regulations to 
provide for the safety of boaters during a fireworks display. The Coast 
Guard is establishing these regulations to protect vessels and persons 
from the hazards associated with the fallout of burning embers that 
will be generated by the fireworks. The regulated area is also intended 
to protect boaters from the hazards associated with excessive vessel 
congestion associated with Seafair's activities.

Discussion of Rule

    This rule will control the movement of all vessels in a regulated 
area on Lake Washington as indicated in section 2 of this Temporary 
Final Rule. This rule adds four hours to the effective time period of 
the existing SLR to accommodate the addition of a fireworks display for 
this year's Seafair.
    The Coast Guard, through this action, intends to promote the safety 
of personnel and vessels in the area. The regulated areas will be 
enforced by the U.S. Coast Guard. The Captain of the Port may be 
assisted in the enforcement of the regulations 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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. This change slightly modifies existing safety 
regulations, and should not effect the economic activities of any 
Seafair participant or spectator. 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 
fireworks event to occur. This rule is effective from 8 p.m. until 
11:59 p.m. on August 5, 2006. 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 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 temporary 
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 transit this portion of Lake Washington during the time 
this regulation is in effect. The regulations will not have a 
significant economic impact due to its short duration and the limited 
area of enforcement.

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 rule so that 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.
    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).

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

    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 
Executive Order 13132 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

[[Page 44212]]

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

    The Coast Guard recognizes the rights of Native American Tribes 
under the Stevens Treaties. Moreover, the Coast Guard is committed to 
working with Tribal Governments to implement local policies to mitigate 
tribal concerns. We have determined that safety zones and fishing 
rights protection need not be incompatible. We have also determined 
that this Temporary Final 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. 
Nevertheless, Indian Tribes that have questions concerning the 
provisions of this Temporary Final Rule or options for compliance are 
encouraged to contact the point of contact listed under FOR FURTHER 
INFORMATION CONTACT.

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 M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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--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. From 8 p.m. until 11:59 p.m. on August 5, 2006, a temporary Sec.  
100.T13-023 is added to read as follows:


Sec.  100.T13-023  Special Local Regulations, Seattle Seafair, Lake 
Washington, WA.

    (a) This section is in effect from 8 p.m. until 11:59 p.m. on 
August 5, 2006 unless sooner cancelled by the Captain of the Port.
    (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 period 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.
    (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.

[[Page 44213]]

    (h) During the times this regulation is in effect, rafting to a log 
boom will be limited to groups of three vessels.
    (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 permitted to proceed through 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: July 26, 2006.
R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
 [FR Doc. E6-12582 Filed 8-3-06; 8:45 am]
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