[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Proposed Rules]
[Pages 1384-1386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-184]



[[Page 1384]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1024]
RIN 1625-AA08


Special Local Regulation; Olympia Harbor Days Tug Boat Races, 
Budd Inlet, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation to enable vessel movement restrictions within the navigation 
channel and an area extending north of the channel in Budd Inlet, WA 
during the annual Olympia Harbor Days tug boat races. This action is 
necessary to restrict vessel movement within the specified race area 
immediately prior to, during, and immediately after racing activity in 
order to ensure the safety of participants, spectators and the maritime 
public. Entry into, transit through, mooring or anchoring within the 
specified race area is prohibited unless authorized by the Captain of 
the Port, Puget Sound or Designated Representatives.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 11, 2011. Requests for public meetings must be 
received by the Coast Guard on or before February 9, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-1024 using any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]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 LTJG Ashley M. Wanzer, Sector Puget Sound, 
Waterways Management Division, 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:[sol][sol]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-2010-1024), 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:[sol][sol]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 http:[sol][sol]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:[sol][sol]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-2010-
1024'' 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\1/2\ 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:[sol][sol]www.regulations.gov, click on the ``read comments'' box, 
which will then become highlighted in blue. In the ``Keyword'' box 
insert ``USCG-2010-1024'' 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 February 9, 2011 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.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact LTJG Ashley M. Wanzer at the telephone number or e-mail address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Background and Purpose

    Tug boat races typically result in vessel and spectator congestion 
in the proximity of the race course. The draft of these vessels creates 
a large wake when accelerating at fast speeds such as during races. 
Vessel movement restrictions are necessary to ensure spectators remain 
an adequate distance from the specified race area thereby providing 
unencumbered access for emergency response craft in the event of

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a race-related emergency. This proposed rule will establish a specified 
race area and ensure the safety of this marine event by prohibiting 
persons and vessel operators from entering, transiting or remaining 
within the designated race zone during times of enforcement.

Discussion of Proposed Rule

    Olympia Harbor Days is an annual tug boat race in Budd Inlet, WA 
involving different classes of tug boat races. Each class of vessel 
will compete in a heat which will take place within the navigation 
channel. This proposed rule would create a special local regulation to 
restrict vessel movement within the race area to include the 
navigational channel and an area extending north of the channel in Budd 
Inlet, WA during each heat of racing. The event sponsor and event 
sponsor patrol craft located at the extremities of this race area will 
delineate the boundaries of the specified race area. Although the event 
sponsor will lack official enforcement abilities, the event sponsor 
will be the primary mechanism for informing the maritime public of 
vessel movement restrictions in the specified race area during this 
annual event.

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 is located in an isolated 
area, short in duration and vessels will be able to transit the 
navigation channel between heats of racing.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit this zone during periods of enforcement. This 
proposed rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
proposed rule will be enforced for a short duration and vessels will be 
able to navigate the channel between heats with the permission of the 
on-scene patrol commander (the event sponsor).
    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 LTJG Ashley M. Wanzer. 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 (adjusted for 
inflation) 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 cause 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

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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, under paragraph 34(h) of the 
Instruction, that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves the establishment of a special 
local regulation designating a course for recurring tug boat racing by 
various classes of tugboats in Budd Inlet, WA. Because marine events 
which seek to use these area will be required to conduct an 
environmental analysis as part of the permit process, this proposed 
rule is excluded from further environmental analysis. A preliminary 
Categorical Exclusion Determination and checklist supporting this 
determination is available in the Docket, described under ADDRESSES. 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add 33 CFR 100.1308 to read as follows:


Sec.  100.1308  Special Local Regulation; Olympia Harbor Days Tug Boat 
Races, Budd Inlet, WA.

    (a) Regulated Area. The following area is specified as a race area: 
All waters of Budd Inlet, WA the width of the navigation channel south 
of a line connecting the following points: 47[deg]05.530' N 
122[deg]55.844' W and 47[deg]05.528' N 122[deg]55.680' W until reaching 
the northernmost end of the navigation channel at a line connecting the 
following points: 47[deg]05.108' N 122[deg]55.799' W and 47[deg]05.131' 
N 122[deg]55.659' W then southeasterly until reaching the southernmost 
entrance of the navigation channel at a line connecting the following 
points: 47[deg]03.946' N 122[deg]54.577' W, 47[deg]04.004' N 
122[deg]54.471' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 100, the regulated area shall be closed immediately prior to, 
during and immediately after the event to all persons and vessels not 
participating in the event and authorized by the event sponsor.
    (c) Authorization. All persons or vessels who desire to enter the 
designated race area created in this section while it is enforced must 
obtain permission from the on-scene patrol craft on VHF Ch 13.
    (d) Notice of Enforcement or Suspension of Enforcement. The Captain 
of the Port will provide notice of the enforcement of this special 
local regulation by all appropriate means to ensure the widest 
dissemination among the affected segments of the public, as 
practicable; such means of notification may include but are not limited 
to, Broadcast Notice to Mariners and Local Notice to Mariners.

    Dated: November 24, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2011-184 Filed 1-7-11; 8:45 am]
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