[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56354-56356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15843]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-06-044]
RIN 1625-AA08


Special Local Regulations, Strait Thunder Hydroplane Races, Port 
Angeles, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Strait Thunder Hydroplane Races 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 temporary rule is needed to provide for the safety of life on 
navigable waters during the event.

DATES: This temporary rule is effective from 9 a.m. on September 29 
until 5 p.m. on October 1, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-06-044 and are available for 
inspection or copying at the U.S. Coast Guard 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: Lieutenant Junior Grade Jes Hagen, c/o 
Captain of the Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 
98134, (206) 217-6200.

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), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The Coast Guard did not 
receive sufficient notice of the date change for this year's event. 
Publishing a NPRM would be contrary to public interest since immediate 
action is necessary to ensure the safety of to provide for the safety 
of spectators and participants during the event. If normal notice and 
comment procedures were followed, this temporary rule would not become 
effective until after the date of the event. For similar reasons, 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.

Background and Purpose

    The hydroplane race poses several dangers to the public including 
excessive noise, objects falling from any accidents, and hydroplanes 
racing at high speeds in proximity to other vessels. Accordingly, a 
safety zone is needed in order to provide for the safety of spectators 
and participants during the event.

Discussion of Rule

    This temporary rule will create two regulated areas, a race area 
and a spectator area. These regulated areas 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

[[Page 56355]]

safety requires these regulations to provide for the safety of life on 
the navigable waters.

Regulatory Evaluation

    This temporary 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 temporary 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 that the regulated area established by this rule encompasses 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. 
This rule would be enforced from 9 a.m. to 5 p.m. Pacific Daylight Time 
each day on September 29, 30, and October 1, 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 temporary 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 temporary 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 enforced. The regulation 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.) that this temporary 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 temporary 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 this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If the temporary 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 temporary 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 temporary 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 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 temporary rule would not impose an unfunded mandate.

Taking of Private Property

    This temporary 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 temporary 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 temporary 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 temporary 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 temporary 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.

[[Page 56356]]

Environment

    We have analyzed this temporary 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 not 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, and ``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 record keeping 
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. Add Sec.  100.T13-032 to read as follows:


Sec.  100.T13-032  Special Local Regulations, Strait Thunder Hydroplane 
Races, Port Angeles, WA.

    (a) Regulated areas. (1) The regulated 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) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by Commander, Coast Guard Group Port Angeles. The 
Patrol Commander is empowered to control the movement of vessels on the 
racecourse and in the adjoining waters described in paragraph (a) above 
during the periods this regulation is in effect. The Coast Guard will 
maintain a patrol consisting of Coast Guard vessels, assisted by Coast 
Guard Auxiliary vessels. The Patrol Commander may be assisted by other 
federal, state and local law enforcement agencies as well as Strait 
Thunder event craft.
    (c) Special Local Regulations. From 9 a.m. until 5 p.m. on 
September 29, 30, and October 1, 2006, non-participant vessels are 
prohibited from entering the regulated area unless authorized by the 
Coast Guard Patrol Commander. 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.
    (d) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the areas under the discretion of the Patrol 
Commander shall serve as a 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.

    Dated: September 11, 2006.
Richard R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
 [FR Doc. E6-15843 Filed 9-26-06; 8:45 am]
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