[Federal Register Volume 90, Number 115 (Tuesday, June 17, 2025)]
[Proposed Rules]
[Pages 25533-25535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11116]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0323]
RIN 1625-AA08
Special Local Regulation; Oak Harbor, WA
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 navigable waters within Oak Harbor Bay, Oak Harbor, WA.
The regulated area shall be closed immediately prior to, during and
immediately after the annual event to all persons and vessels not
participating in the event and authorized by the event sponsor. Due to
the potential safety hazards associated with hydroplane races, entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Puget Sound (COTP) or 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 July 17, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0323 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Anthony Pinto, Sector
Puget Sound Waterways Management Division, Coast Guard; telephone 206-
217-6051, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard is proposing this rulemaking for hydroplane races
held annually in Oak Harbor Bay, Oak Harbor, WA. The event will be held
this year on August 16, 2025 and August 17, 2025. Under 46 U.S.C.
70041, the 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 regatta or marine parade. The
District Commander has determined these regulations are needed on the
navigable waters within this special local regulation during the
hydroplane races to ensure the safety of the public, official
participants, and spectator vessels near the race area.
III. Discussion of Proposed Rule
This rule would establish a regulated area from 10 a.m. through 7
p.m. each day of the event. The regulated area would cover all
navigable waters within Oak Harbor Bay starting at position 48.2868946,
-122.6466818 thence eastward to 48.2869390, -122.6466245, thence south
to 48.2814501, -122.6359595, thence westward to 48.2811168, -
122.6454318 and returning to the starting point. The duration of the
special local regulation is intended to protect personnel, vessels, and
the marine environment in these navigable waters while the marine event
is taking place. No vessel or person would be permitted to enter the
regulated area without obtaining permission from the COTP or designated
representative. To seek permission to enter, contact the COTP or
designated representative by calling the Sector Command Center at 206-
217-6002 or via VHF Marine Radio on Channel 16. Those in the regulated
area must comply with all lawful orders or directions given to them by
the COTP or designated representative. The COTP would provide notice of
the enforcement of this special local regulation by Notice of
Enforcement in the Federal Register. Additional information of the
special local regulation would be made available through advanced
notice via the LNM and by on-scene designated representatives. Except
for persons or vessel authorized by the COTP or designated
representative, no vessel may enter or remain in the restricted area.
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.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on a limited duration
and narrowly tailored geographic area of the restricted area. Although
this rule restricts access to the water of the encompassed area, the
effect of this rule would not be significant because the local waterway
users would be notified to minimize impact. Additionally, vessels
desiring to transit through or around the restricted area could do so
upon expressed permission from the COTP or designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
[[Page 25534]]
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
regulated area 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 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 a special
local regulation of limited size and duration which would be in active
use by event participants during the two-day, 9 hour enforcement
period. 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. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
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-2025-0323 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. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
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
Harbors, 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.
[[Page 25535]]
0
2. Add Sec. 100.1312 to read as follows:
Sec. 100.1312 Special Local Regulation; Oak Harbor Bay, Oak Harbor,
WA.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters within Oak Harbor Bay starting at
position 48.2868946, -122.6466818 thence eastward to 48.2869390, -
122.6466245, thence south to 48.2814501, -122.6359595, thence westward
to 48.2811168, -122.6454318 and returning to the starting point. These
coordinates are based on World Geodetic System 84 (WGS84).
(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 regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as participants in the race.
Spectator means all persons and vessels in the vicinity of the
marine event with the primary purpose of witnessing the marine event.
(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 designated representative.
(2) To seek permission to enter, contact the COTP or designated
representative by calling the Sector Puget Sound Command Center at 206-
217-6002 or via VHF Marine Radio on Channel 16. Those in the regulated
area must comply with all lawful orders or directions given to them by
the COTP or designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via announcement in the local notice to mariners,
broadcast notice to mariners, and by on-scene designated
representatives.
(d) Notice of enforcement dates. This Special Local Regulation will
be enforced during times announced by the Captain of the Port. 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: June 2, 2025.
C.E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2025-11116 Filed 6-16-25; 8:45 am]
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