[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71823-71824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27985]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0296]
RIN 1625-AA11


Regulated Navigation Area; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is proposing to establish a permanent 
regulated navigation area for certain waters of Lake Washington. The 
regulated navigation area is intended to protect personnel and vessels 
from potential hazards created by excessive vessel wake prior to and 
following high traffic Seafair events.

DATES: This rule is effective January 29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0296 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Ellie Wu, Sector Puget Sound Waterways 
Management, Coast Guard; telephone 206-217-6051, 
[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 Information and Regulatory History

    The Coast Guard was notified by the Mercer Island Police Department 
of hazardous conditions associated with increased vessel and swimmer 
congestion after high traffic Seafair marine events, which can make 
routine navigation for persons and vessels unsafe. The Seafair event 
draws an extraordinary amount of boaters and persons to the waterway to 
observe several high traffic events, such as the Seafair Hydroplane 
Races and Seafair Air Shows. The wakes created by transiting vessels 
near the vicinity of vessels moored to the log boom during high traffic 
events pose a safety concern to vessels and swimmers in the area. Coast 
Guard action is needed to restrict vessel movement prior to and after 
Seafair events where significant marine traffic endanger the safety of 
swimmers and vessels proximate to the log boom.
    In response, on May 28, 2019, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Regulated Navigation Area; Lake 
Washington, Seattle, WA 84 FR 24418. There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this regulated navigation area. During the comment period that ended 
June 27, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Coast Guard Thirteenth District 
Commander has determined that there are potential hazards associated 
with Seafair activities, which usually occur on Lake Washington during 
the last week of July and the first two weeks of August. The purpose of 
this rule is to ensure safety of vessels and the navigable waters in 
the regulated navigation area prior to and after Seafair activities.

IV. Discussion of Comments, Changes and the Rule

    As noted above, we received no comments on our NPRM published May 
28, 2019. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    The regulated navigation area will cover all navigable waters 
within Lake Washington south of the Interstate 90 floating Bridge and 
north of a line between Bailey Peninsula and Mercer Island. The 
duration of the regulated navigation area is intended to protect 
personnel and vessels in these navigable waters from excessive wake 
associated with vessels before and after high traffic Seafair events. 
Vessels transiting the area will be required to create minimum wake, at 
speeds of 7 miles per hour or less, unless a higher minimum speed is 
necessary to maintain bare steerageway. Enforcement periods for this 
rule will occur daily prior to and immediately following Seafair 
events.

V. 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 and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the regulated navigation area. 
Vessel traffic will be able to transit through the regulated navigation 
area, and the regulation will only impact a small designated area of 
Lake Washington for less than four days. Moreover, the Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the regulated navigation area.

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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
regulated navigation area may be small entities, for the reasons stated 
in section IV.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this 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

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listed in the FOR FURTHER INFORMATION CONTACT section.
    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.

C. 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).

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 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 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 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 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 rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have 
determined 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 a regulated navigation area enforced 
annually for a total of less than 4 days that would restrict vessel 
speed. It is categorically excluded from further review under paragraph 
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning 
Implementing Procedures 5090.1. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.1341 before the undesignated center heading 
``Fourteenth Coast Guard District'' to read as follows:


Sec.  165. 1341   Regulated Navigation Area; Lake Washington, Seattle, 
WA.

    (a) Location. The following area is a regulated navigation area: 
All waters of Lake Washington south of the Interstate 90 Floating West 
Bound Bridge and north of the points between Bailey Peninsula at 
47[deg]33'14.4'' N, 122[deg]14'47.3'' W and Mercer Island at 
47[deg]33'24.5'' N, 122[deg]13'52.5'' W.
    (b) Definitions. As used in this section, 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 navigation zone.
    (c) Regulations. All vessels and persons transiting the regulated 
navigation area described in paragraph (a) of this section must proceed 
at a speed which creates minimum wake, 7 miles per hour or less, unless 
a higher minimum speed is necessary to maintain bare steerageway.
    (d) Enforcement periods. This section will be enforced annually 
immediately before and after Seafair events which usually occurs during 
the last week in July and the first two weeks of August. The event will 
be one week or less in duration and the specific dates and times of the 
enforcement periods will be published in a notice of enforcement in the 
Federal Register.

    Dated: September 26, 2019.
A.J. Vogt,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2019-27985 Filed 12-27-19; 8:45 am]
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