[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Rules and Regulations]
[Pages 43163-43165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15141]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. CGD13-07-025]
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 each day of enforcement of the existing SLR to 
accommodate the addition of a fireworks display in this year's Seafair 
and to promote safety for spectators and participants through 
consistency in enforcement periods.

DATES: This rule is effective from 8 p.m. until 11:59 p.m. on August 2-
5, 2007 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 CGD13-07-025 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.

FOR FURTHER INFORMATION CONTACT: Lieutenant Steve Kee, c/o Captain of 
the Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 
98134, (206) 217-6002.

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) 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 events 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 special local regulation (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 this regulation to protect vessels 
and persons from the hazards associated with the fallout of burning 
embers that will be generated by the fireworks display in this year's 
Seafair and to promote safety for spectators and participants through 
consistency in enforcement periods. 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 each 
day of enforcement of the existing SLR to accommodate the addition of a 
fireworks display for this year's Seafair and to promote safety for 
spectators and participants through consistency in enforcement periods.
    The Coast Guard, through this action, intends to promote the safety 
of personnel and vessels in the area. The

[[Page 43164]]

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation 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 2-5, 2007. 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.
    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 small area. 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.) that this 
temporary rule 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 want to assist small 
entities in understanding this rule so that 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. 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 by the Coast Guard.

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 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

    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.

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.

[[Page 43165]]

    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 
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 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, 
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.

0
2. From 8 p.m. through 11:59 p.m. on August 2-5, 2007, a temporary 
Sec.  100.T13-020 is added to read as follows:


Sec.  100.T13-020  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 2-5, 2007 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.
    (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 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 23, 2007.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E7-15141 Filed 8-2-07; 8:45 am]
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