[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Rules and Regulations]
[Pages 19804-19805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07201]



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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: Final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
a recurring marine event on Lake Washington on the first Saturday of 
May each year. This action is necessary to provide for the safety of 
life on the navigable waters during the marine event. This regulation 
restricts vessel traffic in the designated area during the event unless 
authorized by the Captain of the Port Sector Puget Sound or a 
designated representative.

DATES: This rule is effective May 6, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0774 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 Information and Regulatory History

    The Windermere Cup rowing event is held annually on the first 
Saturday in May. The Coast Guard received notification of the recurring 
marine event from the University of Washington. In response, on January 
27, 2022, the Coast Guard published a notice of proposed rulemaking 
(NPRM) titled Special Local Regulation; Montlake Cut, Union Bay Reach, 
Seattle, Washington (87 FR 5430). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this Special Local Regulation. During the comment period that ended 
March 3, 2022, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is establishing a special local regulation for the 
Windermere Cup rowing event held annually on the first Saturday of May 
each year from 8 a.m. until 12:00 p.m. 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.
    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Coast Guard Thirteenth District Commander has determined 
that potential hazards associated with the marine event would pose a 
safety concern for anyone within the race area. The purpose of this 
rule is to protect the safety of all waterway users, including event 
participants and spectators, during the marine event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
January 27, 2022. There is one change in the regulatory text of this 
rule from the proposed rule in the NPRM. The enforcement period in the 
NPRM mistakenly indicated an end time of 12 a.m. This text now reads: 
Until 12 p.m.
    This rule establishes a new annually recurring special local 
regulation on the first Saturday of May from 8 a.m. until 12 p.m. The 
regulated area will cover 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. 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.

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule 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 will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the areas, and 
the rule will 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 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 area may be small entities, for the reasons stated in section 
V.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 (Pub. L. 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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    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 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.

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 will 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, 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 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 area lasting 4 hours that would prohibit persons or vessels 
from transiting the regulated area during the rowing event in Montlake 
Cut and Union Bay Reach between Portage Bay and Webster Point on Lake 
Washington in Seattle, WA. It is categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A 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.

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 jeopardizing the safety or 
security of people, places or vessels.

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 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: 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 
coordinates are based on North 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 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. until 12 p.m. on the first Saturday of May.

    Dated: March 31, 2022.
O.M. Saboe,
Captain, U.S. Coast Guard, Commander, Thirteenth Coast Guard District, 
Acting.
[FR Doc. 2022-07201 Filed 4-5-22; 8:45 am]
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