[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17339-17341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7284]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0996]
RIN 1625-AA08


Special Local Regulation; Hydroplane Races Within the Captain of 
the Port Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation to 
restrict vessel movement in designated permanent hydroplane race areas 
in Dyes Inlet, Lake Washington and Lake Sammamish, WA during permitted 
hydroplane race events. When this special local regulation is 
activated, and thus subject to enforcement, this rule will limit the 
movement of non-participating vessels within the regulated race areas 
immediately prior to, during and immediately following the conclusion 
of permitted hydroplane marine events. This rule is needed to provide 
effective control over these events while ensuring the safety of the 
maritime public.

DATES: This rule is effective March 29, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-0996 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-0996 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail LTJG Ashley M. Wanzer, Waterways Management, Sector 
Puget Sound, Coast Guard; telephone 206-217-6175, e-mail 
[email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On Tuesday, January 19, 2010, we published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone Regulation; Hydroplane Races 
within the Captain of the Port Puget Sound Area of Responsibility in 
the Federal Register (75 FR 2833). On Wednesday, January 19, 2011, we 
published a supplemental notice of proposed rulemaking (SNPRM), 
revising the rulemaking to create a special local regulation 
designating three permanent hydroplane race areas under 33 CFR part 100 
in the Federal Register (76 FR 3057). We did not receive any comments 
on the NPRM or SNPRM and did not receive any requests for a public 
meeting. A public meeting was not held.
    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. Immediate action is necessary to 
protect life, property and the environment; therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
intended objective of promoting safety during these permitted events 
because the ULHRA Spring Training takes place on 21 April 2011 in the 
Lake Washington designated race area and this is less than 30 days 
after publication in the Federal Register.

Basis and Purpose

    The U.S. Coast Guard is establishing special local regulations to 
establish three permanent designated hydroplane race areas in Dyes 
Inlet, Lake Washington, and Lake Sammamish, WA within the Captain of 
the Port, Puget Sound Area of Responsibility. This action is necessary 
in order to restrict vessel movement in the vicinity of the race 
courses thereby promoting safety on navigable waters during these 
events.

Background

    The Coast Guard receives numerous marine event permits for 
hydroplane races taking place on the waterways of Dyes Inlet, Lake 
Washington, and Lake Sammamish, WA. This rule establishes a special 
local regulation to restrict vessel movement in designated hydroplane 
race areas during permitted hydroplane marine events. This rule enables 
event sponsors and the Coast Guard to adequately provide safety in 
support of these marine events.

Initial Enforcement

    The Coast Guard will enforce the special local regulation for Lake 
Washington in 33 CFR 100.1308 from 10 a.m. until 4 p.m. on April 21, 
2011.

[[Page 17340]]

Discussion of Comments and Changes

    The notice of proposed rulemaking and supplemental notice of 
proposed rulemaking for this rule did not receive any comments.

Regulatory Analyses

    We developed this 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 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 rule will 
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 these 
designated hydroplane race areas while enforced on the waters of 
northern Dyes Inlet, Lake Washington, and Lake Sammamish, Washington. 
This proposed rule will not have a significant economic impact on a 
substantial number of small entities because it is small in size and 
short in duration. The only vessels likely to be impacted will be 
recreational boaters.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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 of the Coast Guard.

Collection of Information

    This rule calls 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 
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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will 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 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This 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.
    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 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

[[Page 17341]]

have concluded this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction. This rule involves a special 
local regulation to establish vessel movement restrictions in 
designated race areas immediately prior to, during and immediately 
following permitted hydroplane race events. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for Part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add Sec.  100.1308 to read as follows:


Sec.  100.1308  Special Local Regulation; Hydroplane Races within the 
Captain of the Port Puget Sound Area of Responsibility.

    (a) Location. The following areas are designated race areas for the 
purpose of reoccurring hydroplane races:
    (1) Dyes Inlet. West of Port Orchard, WA to include all waters 
north to land from a line connecting the following points 47[deg]37.36' 
N, 122[deg]42.29' W and 47[deg]37.74' N, 122[deg]40.64' W (NAD 1983).
    (2) Lake Washington. South of the Interstate 90 bridge and north of 
Andrew's Bay to include 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).
    (3) Lake Sammamish. South to land from a line connecting the 
following points 47[deg]33.810' N, 122[deg]04.810' W and 47[deg]33.810' 
N, 122[deg] 03.674' W (NAD 1983).
    (b) Notice of enforcement or suspension of enforcement. This 
special local regulation 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 in 
accordance with 33 CFR 100. 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 or Local Notice to 
Mariners.
    (c) Regulations. (1) When this special local regulation is 
enforced, non-participant vessels are prohibited from entering the 
designated race areas unless authorized by the designated on-scene 
Patrol Commander. Spectator craft may remain in designated spectator 
areas but must follow the directions of the designated on-scene Patrol 
Commander. The event sponsor may also function as the designated 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 designated on-scene 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: March 3, 2011.
A.T. Ewalt,
Captain, U.S. Coast Guard, Acting District Commander, Thirteenth Coast 
Guard District.
[FR Doc. 2011-7284 Filed 3-28-11; 8:45 am]
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