[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5430-5432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01999]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0774]
RIN 1625-AA08


Special Local Regulation; Montlake Cut, Union Bay Reach, Seattle, 
Washington

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation for a recurring marine event on Lake Washington the first 
Satruday of May each year. This action is necessary to provide for the 
safety of life on the navigable waters during the marine event. This 
proposed rulemaking would restrict vessel traffic in the designated 
area during the event unless authorized by the Captain of the Port 
Sector 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 March 3, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0774 using the Federal Decision Making Portal at https://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 Chief Warrant Officer William 
Martinez, Sector Puget Sound Waterways Management Division, U.S. Coast 
Guard; telephone 206-217-6051, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget Sound
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

    The Coast Guard proposes to establish a special local regulation 
for the Windermere Cup marine event held annually on the first Saturday 
of May each year from 8 a.m. to noon. This event is held on the 
navigable waters of the Montlake Cut and Union Bay Reach between 
Portage Bay and Webster Point on Lake Washington in Seattle, WA.
    Under 46 U.S.C. 70041, Coast Guard Thirteenth District Commander 
has authority to promulgate certain special local regulations deemed 
necessary to ensure the safety of life on the navigable waters 
immediately before, during, and immediately after an approved marine 
event. The District Commander has determined that potential hazards 
associated with the marine event would pose a safety concern for anyone 
within the race area.
    In order to protect the safety of all waterway users, including 
event participants and spectators, this proposed rule would establish a 
special local regulation for the time and location of the marine event. 
Participant means all persons and vessels registered with the event 
sponsor as a participants in the race. Spectator means any vessel in 
the vicinity of the marine event with the primary purpose of witnessing 
the marine event. Spectator vessels can observe the marine event from 
one of the designated spectator areas. One area is located north of 
Union Bay Reach in Union Bay. The other is located in the area between 
the state route 520 bridge and south of Union Bay Reach. Vessels would 
not be permitted to enter the regulated areas unless authorized by the 
COTP or a designated representative.

III. Discussion of Proposed Rule

    The Coast Guard proposes to add a new annually recurring special 
local regulation on the first Saturday of May each year from 8 a.m. to 
12 p.m. The regulated area would cover the all navigable waters from 
Montlake Cut and Union Bay Reach between Portage Bay and Webster Point 
on Lake Washington in Seattle, from the southern corner of University 
of Washington Oceanography pier at 47[deg]38'57'' N, 122[deg]18'45'' W 
thence south to 47[deg]38'46'' N, 122[deg]18'45'' W, thence eastward to 
Webster Point Light 21 at 47[deg]38'51'' N, 122[deg]16'33'' W, thence 
south to the SR520 bridge at 47[deg]38'37'' N, 122[deg]16'34'' W. These 
coodinates are based on Nort American Datum 83 (NAD 83).
    The duration of the regulated area is intended to ensure the safety 
of the public and participants during the rowing race. Non-participant 
vessels are not permitted to enter, transit through, anchor in, or 
remain within the regulated area without obtaining permission from the 
COTP or a designated representative. A designated representative means 
a Coast Guard

[[Page 5431]]

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 regulations in this section. To 
seek permission to enter, contact the COTP or the COTP's representative 
by calling the Sector Puget Sound Command Center at 206-217-6002. Those 
in the regulated area must comply with all lawful orders or directions 
given to them by the COTP or the designated representative. The Coast 
Guard will provide notice of the regulated area by Broadcast Notice to 
Mariners, announcement in the Local Notice to Mariners and on-scene 
designated representatives. 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

    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. 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).
    This regulatory action determination is based on the size, 
location, and duration of the special local regulation. Vessel traffic 
would be able to safely transit around this special local regulation 
area which would impact a small-designated area of the Montlake Cut and 
Union Bay Reach. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the areas, and 
the proposed rule would allow vessels to seek permission to enter the 
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 proposed 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 proposed 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 proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email 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 call or email 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, 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 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 regulated 
area lasting 4 hours that would prohibit persons or vessels from 
transiting the regulated area during the rowing event. Normally such 
actions are categorically excluded from further review under paragraph 
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. A preliminary Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see 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 call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without

[[Page 5432]]

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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG- 2021-0774 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.1311 to read as follows:


Sec.  100.1311  Special Local Regulation; Montlake Cut, Lake 
Washington, Seattle, Washington.

    (a) Regulated area. The regulations in this section apply to the 
following area: The navigable waters from Montlake Cut and Union Bay 
Reach between Portage Bay and Webster Point on Lake Washington in 
Seattle, from the southern corner of University of Washington 
Oceanography pier at 47[deg]38'57'' N, 122[deg]18'45'' W thence south 
to 47[deg]38'46'' N, 122[deg]18'45''W, thence eastward to Webster Point 
Light 21 at 47[deg]38'51'' N, 122[deg]16'33'' W, thence south to the 
SR520 bridge at 47[deg]38'37'' N, 122[deg]16'34'' W. These coodinates 
are based on Nort American Datum 83 (NAD 83).
    (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 Sector Puget Sound 
(COTP) in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participants in the race. Spectator means any vessel in 
the vicinity of a marine event with the primary purpose of witnessing 
the event. Spectator vessels can observe the marine event from one of 
the designated spectator areas. One area is located north of Union Bay 
Reach in Union Bay. The other is located in the area between the state 
route 520 bridge and south of Union Bay Reach.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the COTP or their designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling the Sector Puget Sound Command Center at 206-
217-6002. Those in the regulated area must comply with all lawful 
orders or directions given to them by the COTP or the designated 
representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners, announcement in the 
local notice to mariners, and by on-scene designated representatives.
    (d) Enforcement period. This section will be enforced annually from 
8 a.m. to 12 a.m. on first Saturday of May.

    Dated: October 26, 2021.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.

    Editorial note: This document was received for publication by 
the Office of the Federal Register on January 27, 2022.

[FR Doc. 2022-01999 Filed 1-31-22; 8:45 am]
BILLING CODE 9110-04-P