[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Proposed Rules]
[Pages 2833-2836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-764]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0996]
RIN 1625-AA00


Safety Zones; Hydroplane Races Within the Captain of the Port 
Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent safety zones 
for Hydroplane Races to take place on various dates on the waters of 
Dyes Inlet, Port Angeles and Lake Washington, WA. When these safety 
zones are activated, and thus subject to enforcement, this rule would 
limit the movement of non-participating vessels within the established 
race areas while hydroplane races are taking place. This proposed rule 
is needed to ensure the safety of the maritime public from inherent 
dangers associated with high-speed watercraft races on navigable 
waterways during these events.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 22, 2010. Requests for public meetings must be 
received by the Coast Guard on or before 45 days after date of 
publication in the Federal Register.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0996 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail ENS Ashley M.

[[Page 2834]]

Wanzer, Waterways Management, Sector Seattle, Coast Guard; telephone 
206-217-6175, e-mail [email protected]. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0996), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-0996'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8[frac12] by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0996'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before 45 days after date of publication in the 
Federal Register using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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

    The Coast Guard is establishing three permanent safety zones on the 
waterways of Port Angeles, Dyes Inlet and Lake Washington, WA. These 
zones are necessary to ensure unencumbered access for rescuers in the 
event of an emergency and to ensure public safety from the numerous 
dangers associated with high speed watercraft races. Designating these 
three areas as hydroplane race areas expedites the process of 
activating the safety zones for these events to more effectively ensure 
the safety of the maritime public.

Discussion of Proposed Rule

    This proposed rule will create three permanent safety zones on the 
waters of Dyes Inlet, Port Angeles and Lake Washington, WA to protect 
the public from the inherent dangers associated with hydroplane races. 
The first safety zone is located at the northern section of Dyes inlet, 
west of Port Orchard, WA (all waters north of a line from point 47-
37.36N 122-42.29W to 47-37.74N 122-40.64W (NAD 1983)); the second is 
located at Port Angeles, south of Ediz's Hook, Port Angeles, WA (All 
waters within the following points: 48-07.4N 123-25.57W; 48-07.43N 123-
24.58W; 48-07.2N 123-25.52W; 48-07.25N 123-24.57W0 (NAD 1983)); and the 
third safety zone is located on Lake Washington, south of interstate 90 
bridge and north of Andrew's Bay, WA (all waters east of the shoreline 
within the following points: 47[deg]34.15' N, 122[deg]16.40' W; 
47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31' W; 
47[deg]35.00' N, 122[deg]16.71' W (NAD 1983)).
    These safety zones are minimal in size and will be subject to 
enforcement only during hydroplane racing activities, historically 12 
hours or less, with the purpose of most effectively providing safety 
for participants and to other waterway users. We expect races to occur 
multiple times throughout the year. Notification of the activation of 
the safety zone will be provided to the public via broadcast notice to 
mariners and an on-scene Patrol Commander will be present, allowing 
commercial vessels to transit the regulated area when safe to do so. 
Additionally, these safety zones are located in remote locations 
resulting in a minimal impact to other waterway users.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. This rule is not a 
significant regulatory action because it will be enforced for short 
periods of time in small remote areas which are not considered high-
density vessel traffic areas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have

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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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule will affect the following small 
entities: The owners or operators of vessels intending to transit or 
anchor within the safety zone while enforced on the waters of northern 
Dyes Inlet, Port Angeles and Lake Washington, Washington. This rule 
will not have a significant economic impact on a substantial number of 
small entities due to its short duration, small area and the ability of 
the on-scene Patrol Commander to allow commercial vessels to transit 
the regulated area when safe to do so. The only vessels likely to be 
impacted will be recreational boaters. Because the impact of this 
proposed rule is expected to be minimal, the Coast Guard certifies 
under 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
that this rule will not have a significant 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 this proposed 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 ENS Ashley M. Wanzer, Waterways 
Management, Sector Seattle, Coast Guard; telephone 206-217-6175, e-mail 
[email protected]. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed 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

    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 proposed 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 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 would not 
create an environmental risk to health or risk to safety that might 
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.

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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves establishing a safety zone to protect the public from the 
dangers associated with hydroplane racing.

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Therefore, this rule is expected to be categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.xxxx to read as follows:


Sec.  165.xxxx  Safety Zones; Hydroplane Races within the Captain of 
the Port Puget Sound Area of Responsibility.

    (a) Location. The following areas are safety zones for the purpose 
of reoccurring hydroplane races:
    (1) The northern section of Dyes inlet, west of Port Orchard, WA to 
include all waters of Dyes Inlet north of a line from point 47-37.36N 
122-42.29W to 47-37.74N 122-40.64W (NAD 1983).
    (2) Port Angeles, south of Ediz's Hook, Port Angeles, WA to include 
all waters near Port Angeles within the following points: 48-07.4N 123-
25.57W; 48-07.43N 123-24.58W; 48-07.2N 123-25.52W; 48-07.25N 123-24.57W 
(NAD 1983).
    (3) Lake Washington, south of interstate 90 bridge and north of 
Andrew's Bay, WA, to include all waters of Lake Washington east of the 
shoreline within the following points: 47[deg]34.15' N, 122[deg]16.40' 
W; 47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31' 
W; 47[deg]35.00' N, 122[deg]16.71' W (NAD 1983).
    (b) Notice of Enforcement or Suspension of Enforcement. These 
safety zones will be activated and thus subject to enforcement, under 
the following conditions: The Coast Guard must receive and approve a 
marine event permit for each hydroplane event and then the Captain of 
the Port will cause notice of the enforcement of these safety zones to 
be made by all appropriate means to effect the widest publicity among 
the affected segments of the public as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may include but are not 
limited to, Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port will issue a Broadcast Notice to Mariners and 
Local Notice to Mariners notifying the public of activation and 
suspension of enforcement of these safety zones. Additionally, an on-
scene Patrol Commander will ensure enforcement of this safety zone by 
limiting the transit of non-participating vessel in the designated 
areas described above.
    (c) Definitions. As used in this section, Coast Guard Patrol 
Commander means any designated commissioned, warrant, or petty officer 
of the Coast Guard. Additionally, any other Federal, state or local law 
enforcement agencies or private agencies hired by the sponsoring 
organization may be designated by the Coast Guard to fulfill the role 
of the on-scene Patrol Commander. The Patrol Commander is empowered to 
control the movement of vessels on the racecourse and in the adjoining 
waters described in paragraph (a) above when this regulation is in 
effect.
    Regulations. (1) When these zones are enforced, non-participant 
vessels are prohibited from entering the regulated area unless 
authorized by the designated on-scene Patrol Commander. Spectator craft 
may remain in designated spectator areas but must follow the directions 
of the on-scene Patrol Commander. Spectator craft entering, exiting or 
moving within the spectator area must operate at speeds, which will 
create a minimum wake. (2) Emergency Signaling. 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: December 17, 2009.
L.R. Tumbarello,
Commander, U.S. Coast Guard, Captain of the Port, Puget Sound, Acting.
[FR Doc. 2010-764 Filed 1-15-10; 8:45 am]
BILLING CODE 9110-04-P