[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30825-30827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13172]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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: This rule is effective June 27, 2011. For 2011, this regulation 
will be enforced on September 4, 2011 from 12 noon to 8 p.m.

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-2010-1024 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-1024 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 Ian S. Hanna, Sector Puget Sound, Waterways 
Management Division, 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 Monday, January 10, 2011, we published a notice of proposed 
rulemaking (NPRM) entitled Special Local Regulation; Olympia Harbor 
Days Tug Boat Races, Budd Inlet, WA in the Federal Register (76 FR 
006). We did not receive any comments on the proposed rule. We did not 
receive any requests for a public meeting and a public meeting was not 
held.

Basis and Purpose

    The Coast Guard is establishing 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. 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 a race-related 
emergency. This rule establishes a specified race area and ensures 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.

Background

    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 rule creates 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. The event sponsor will assist 
the COTP in informing the maritime public of vessel movement 
restrictions in the specified race area during this annual event.

Discussion of Comments and Changes

    The notice of proposed rulemaking for this rule did not receive any 
comments. Paragraph (d) was changed slightly to clarify the nature of 
the restriction; that the regulated area is only enforced at times 
announced in the Federal Register by the Captain of the Port.

Initial Enforcement

    The Coast Guard will enforce the special local regulation in 33 CFR 
100.1309 from 12 noon to 8 p.m. on September 4, 2011.

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.

[[Page 30826]]

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders. 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 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 entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
this zone during periods of enforcement. This rule will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This 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).

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 have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human

[[Page 30827]]

environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g.) of the Instruction. This rule involves tug boat 
racing by various classes of tugboats in Budd Inlet, WA. 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), Reporting and recordkeeping 
requirements, Waterways.

    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.


0
2. Add Sec.  100.1309 to read as follows:


Sec.  100.1309  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 dates. This Special Local Regulation will 
only be enforced during times announced by the Captain of the Port. The 
Captain of the Port will provide notice of the enforcement of this 
special local regulation by Notice of Enforcement in the Federal 
Register. Additional information may be available through Broadcast 
Notice to Mariners and Local Notice to Mariners.

    Dated: May 11, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2011-13172 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P