[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Proposed Rules]
[Pages 22934-22936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10212]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0334]
RIN 1625-AA08


Special Local Regulation; Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for certain waters of Commencement Bay for the 2017 
World Water Ski Racing Championships. This action is necessary to 
safeguard participants and spectators from the hazards associated with 
race events and to ensure public safety during the duration of the 
events on Commencement Bay near Tacoma, WA, during the 2017 World Water 
Ski Racing Championships on July 29, 31, and August 2, 2017. This 
special local regulation prohibits non-participant persons and vessels 
from entering, transiting through, anchoring in, or remaining within 
the race area and prohibits vessels from transiting at speeds that 
cause wake within the spectator area unless authorized by the Captain 
of the Port Puget Sound or a Designated Representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 19, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0334 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Zachary Spence, Sector 
Puget Sound Waterways Management Branch, U.S. Coast Guard; telephone 
206-217-6051, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 8, 2016, Overload Productions notified the Coast Guard 
that it intends on conducting a high speed water ski race on 
Commencement Bay. Approximately 40 motor boats and water skiers will be 
participating in the races and operating at high speeds with limited 
maneuverability, which poses a significant hazard to race participants 
and other boaters. In addition the event sponsors anticipate a 
potential small number of on-water spectators to be present during the 
races.
    The purpose of this rulemaking is to ensure the safety of vessels 
and participants in the race as well as spectators and the maritime 
public. The rulemaking would accomplish this purpose by establishing 
two regulated areas before, during, and after the scheduled event, one 
for race participants, and one for spectators and the maritime public. 
Many factors amplify the potential hazards of the race, including 
limited maneuverability of the race participants, commercial vessel 
traffic, and the number of local recreational and fishing vessels. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    This proposed rule would create a temporary special local 
regulation on certain waters of Commencement Bay in Tacoma, WA for the 
2017 World Water Ski Racing Championships. This special local 
regulation would establish two separate regulated areas, a race area 
and a spectator area. Within the race area, all persons and vessels, 
except those persons and vessels participating in the high-speed water 
ski races, are prohibited from entering, transiting through, anchoring 
in, or remaining within. Within the spectator area, all vessels are 
prohibited from anchoring and are required to transit at the minimum 
speed necessary to maintain course, minimizing vessels wake, unless 
authorized by the Captain of the Port Puget Sound or a Designated 
Representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') direct agencies to 
assess the costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
proposed rule a significant regulatory action under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it.
    As this proposed rule is not a significant regulatory action, this 
rule is

[[Page 22935]]

exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the Special Local Regulation. 
Vessel traffic would be able to safely transit around race area or 
through the spectator area which would only impact a small designated 
area of Commencement Bay for less than nine hours during the days of 
event. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the regulated areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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.

F. 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 (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 proposed rule involves a special 
local regulation lasting for nine hours on each day the event occurs 
and would prohibit entry into the race area and restrict movement 
within the spectator area. Normally such actions are categorically 
excluded from further review under section 2.B.2, and figure 2-1, 
paragraph 34(h) of the Instruction. Paragraph 34(h) pertains to special 
local regulations issued in conjunction with a regatta or marine 
parade. This rule is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A 
preliminary Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated under the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

[[Page 22936]]

    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

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

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T13-0334 to read as follows:


Sec.  100.T13-0334  Special Local Regulation; Commencement Bay, Tacoma, 
WA

    (a) Location. The special local regulations found in paragraph (c) 
apply in the following areas.
    (1) Race Area. All waters of Commencement Bay encompassed within an 
imaginary line connecting the following coordinates: Starting at point 
1 in position 47[deg]18'9.6'' N., 122[deg]30'23.6'' W.; thence 
northeast to Point 2 in position 47[deg]18'15.2'' N., 122[deg]30'14.4'' 
W.; thence east to Point 3 in position 47[deg]18'15.2'' N., 
122[deg]28'46.7'' W.; thence south to Point 4 in position 
47[deg]17'20.1'' N., 122[deg]28'46.9'' W.; thence southwest to Point 5 
in position 47[deg]17'5.5'' N., 122[deg]29'6.4'' W.; thence northwest 
back to origin.
    (2) Spectator Area. All waters of Commencement Bay encompassed 
within an imaginary line connecting the following points: Starting at 
Point 1 in position 47[deg]18'15.2'' N., 122[deg]28'46.7'' W.; thence 
east to Point 2 in position 47[deg]17'20.1'' N., 122[deg]28'46.9'' W.; 
thence south to Point 3 in position 47[deg]17'19.8'' N., 
122[deg]28'38.1'' W.; thence west to Point 4 in position 
47[deg]18'15.5'' N., 122[deg]28'46.1'' W.; thence north back to origin.
    (b) Definitions. For the purpose of this section the following 
definitions apply:
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Puget Sound (COTP) 
in the enforcement of the regulated areas identified in paragraph 
(a)(1) and (a)(2) of this section.
    Patrol Vessel means any Coast Guard vessel, Coast Guard Auxiliary 
vessel, or other federal, state or local law enforcement vessel.
    (c) Special Local Regulations. (1) All persons and vessels, except 
those persons and vessels participating in the high-speed water ski 
races, are prohibited from entering, transiting through, anchoring in, 
or remaining within the race area.
    (2) All persons and vessels entering, exiting, or moving within the 
spectator area must operate at speeds, which will create a minimum 
wake, and will not exceed seven knots. The maximum speed may be reduced 
at the discretion of the Patrol Commander.
    (3) A succession of sharp, short signals by whistle or horn from a 
Patrol Vessel will serve as a signal to stop. Vessels signaled must 
stop and 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.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, remain within or transit in excess of wake speed within any of the 
regulated areas must contact the Captain of the Port Puget Sound by 
telephone at (206) 217-6002, or a designated representative via VHF-FM 
radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the Captain of the Port Puget Sound or 
a designated representative.
    (d) Notice of Enforcement. The Coast Guard will provide notice of 
the enforcement of this Special Local Regulation by all appropriate 
means to ensure the widest dissemination among the public, as 
practicable; such means of notification may include but are not limited 
to, Broadcast Notice to Mariners, Local Notice to Mariners, and by on-
scene designated representatives.
    (e) Enforcement Period. This rule is effective from 9 a.m. to 6 
p.m. on July 29, 31, and August 2, 2017, unless cancelled sooner by the 
Captain of the Port Puget Sound.

    Dated: May 5, 2017.
B.C. McPherson,
CAPT, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-10212 Filed 5-18-17; 8:45 am]
BILLING CODE 9110-04-P