[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Rules and Regulations]
[Pages 54906-54907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21981]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-1018]
RIN 1625-AA08


Special Local Regulation; Seattle Seafair Unlimited Hydroplane 
Race, Lake Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the duration of the Seattle 
Seafair Unlimited Hydroplane Race special local regulation. This change 
will correctly reflect the time frame published by Seafair, ensuring 
the effectiveness of this regulation for the entirety of the event as 
outlined in the Seafair Notice to Boaters. This rule also makes 
stylistic revision to this Special Local Regulation.

DATES: This rule is effective October 15, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-1018]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Johnny Zeng, Coast Guard Sector Puget Sound, 
Waterways Management Division, U.S. Coast Guard; telephone (206) 217-
6175, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On July 2, 2001, the Coast Guard published a final rule (66 FR 
34822) modifying the regulations in 33 CFR Sec.  100.1301, for the safe 
execution of the Seattle Seafair Unlimited Hydroplane races on the 
waters of Lake Washington. On April 14, 2014, an NPRM, Safety Zone, 
Seattle Seafair Unlimited Hydroplane Race, Seattle, WA, was published. 
The Coast Guard received no comments on the NPRM and no requests for 
public meeting. No changes were made to the rule published in the NPRM.

B. Basis and Purpose

    Coast Guard District Commanders are authorized to promulgate 
special local regulations necessary to ensure safety of life on the 
navigable waters immediately prior to, during, and immediately after 
the approved regatta or marine parade. This rule makes stylistic 
revisions and amends the time in which the Special Local Regulation in 
33 CFR 100.1301 is effective for each day of the Seafair Unlimited 
Hydroplane Race event located on Lake Washington, WA. This rule is 
necessary to ensure appropriate effectiveness of the rule in 33 CFR 
Sec.  100.1301 by remaining effective during and immediately following 
the current time of marine event.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received by the Coast Guard on this rule. We are 
supplementing the regulatory text to provide additional information 
that clarifies our notice procedures.

D. Regulatory Analyses

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

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard bases 
this finding on the fact that the amendment of the effective period of 
the current regulation will be in place for a limited period of time 
and is minimal in duration.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 would affect the following entities, some of which may be 
small entities; the owners and operators of vessels intending to 
operate in the waters covered by the special local regulation while it 
is in effect. This rule would not have a significant economic impact on 
a substantial number of small entities because the amendment of the 
special local regulation would increase the duration in which the rule 
is in effect for a minimal amount of time.
    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.

3. 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. If the rule would affect your 
small business,

[[Page 54907]]

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, above. 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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 made a 
preliminary determination 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 rule involves the amendment of 
the special local regulation outlined in 33 CFR 100.1301. This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this 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 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. In Sec.  100.1301 revise paragraph (a) to read as follows:


Sec.  100.1301  Seattle seafair unlimited hydroplane race.

    (a) This section will only be enforced during times announced by 
the Captain of the Port. The event, which is one week or less in 
duration, generally occurs during the last week of July or the first 
two weeks of August. 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: September 3, 2014.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2014-21981 Filed 9-12-14; 8:45 am]
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