[Federal Register: August 4, 2006 (Volume 71, Number 150)]
[Rules and Regulations]
[Page 44210-44213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au06-8]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-06-038]
RIN 1625-AA08
Special Local Regulations, Seattle Seafair, Lake Washington, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations (SLR) for the Seattle Seafair, Lake Washington, Washington.
These special local regulations limit the movement of non-participating
vessels in the regulated race area and provide for a viewing area for
spectator craft. This rule is needed to provide for the safety of life
on navigable waters during Seafair. The rule adds four hours to the
effective time period of the existing SLR to accommodate the addition
of a fireworks display in this year's Seafair.
DATES: This rule is effective from 8 p.m. (PDT) until 11:59 p.m. (PDT)
on August 5, 2006 unless sooner cancelled by the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD13-06-038] and are available for
inspection or copying at the Waterways Management Division, Coast Guard
Sector Seattle, 1519 Alaskan Way South, Seattle, WA 98134, between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
[[Page 44211]]
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen,
c/o Captain of the Port Puget Sound, 1519 Alaskan Way South, Seattle,
Washington 98134, (206) 217-6200.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard was not notified about the fireworks show
until July 19, 2006. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause exists for not publishing a NPRM
and for making this rule effective less than 30 days after publication
in the Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
commercial and recreational vessels in the vicinity of the fireworks on
the date and times this rule will be in effect. If normal notice and
comment procedures were followed, this rule would not become effective
until after the date of the event.
On July 2, 2001, the Coast Guard published a final rule (66 FR
34822) modifying the regulations in 33 CFR 100.1301 for the safe
execution of the Seattle Seafair Unlimited Hydroplane races on the
waters of Lake Washington. This SLR provides for a regulated area to
protect spectators while providing unobstructed vessel traffic lanes to
ensure timely arrival of emergency response craft. Movements are
regulated for all vessels in the area as described under 33 CFR
100.1301 or unless otherwise regulated by the COTP or his designee.
This temporary final rule is required to increase the length of time
affected by the regulation.
Background and Purpose
For more than 50 years Seafair on Lake Washington has been a
Pacific Northwest tradition, entertaining millions of people over that
period. However, this entertaining event involves risks to both
spectators and participants. During Seafair, the marine congestion
associated with the number of boats, swimmers, and spectators on shore
challenges even the most experienced seaman. These conditions
necessitate the maintenance of a regulated area to protect spectators
while providing unobstructed vessel traffic lanes to ensure timely
arrival of emergency response craft.
The Coast Guard is establishing special local regulations to
provide for the safety of boaters during a fireworks display. The Coast
Guard is establishing these regulations to protect vessels and persons
from the hazards associated with the fallout of burning embers that
will be generated by the fireworks. The regulated area is also intended
to protect boaters from the hazards associated with excessive vessel
congestion associated with Seafair's activities.
Discussion of Rule
This rule will control the movement of all vessels in a regulated
area on Lake Washington as indicated in section 2 of this Temporary
Final Rule. This rule adds four hours to the effective time period of
the existing SLR to accommodate the addition of a fireworks display for
this year's Seafair.
The Coast Guard, through this action, intends to promote the safety
of personnel and vessels in the area. The regulated areas will be
enforced by the U.S. Coast Guard. The Captain of the Port may be
assisted in the enforcement of the regulations by other federal, state,
or local agencies.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This change slightly modifies existing safety
regulations, and should not effect the economic activities of any
Seafair participant or spectator. The regulation is established for the
benefit and safety of the recreational boating public, and any negative
recreational boating impact is offset by the benefits of allowing the
fireworks event to occur. This rule is effective from 8 p.m. until
11:59 p.m. on August 5, 2006. For the above reasons, the Coast Guard
does not anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. 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 temporary
rule will not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit this portion of Lake Washington during the time
this regulation is in effect. The regulations will not have a
significant economic impact due to its short duration and the limited
area of enforcement.
Assistance for Small Entities
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 so that they can better evaluate
its effects on them and participate in the rulemaking process. 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.
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).
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
Executive Order 13132 and have determined that this rule does not have
implications for federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs
[[Page 44212]]
the issuance of Federal regulations that require unfunded mandates. An
unfunded mandate is a regulation that requires a State, local, or
tribal government or the private sector to incur direct costs without
the Federal Government's having first provided the funds to pay those
costs. This rule would not impose an unfunded mandate.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the rights of Native American Tribes
under the Stevens Treaties. Moreover, the Coast Guard is committed to
working with Tribal Governments to implement local policies to mitigate
tribal concerns. We have determined that safety zones and fishing
rights protection need not be incompatible. We have also determined
that this Temporary Final 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.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this Temporary Final Rule or options for compliance are
encouraged to contact the point of contact listed under FOR FURTHER
INFORMATION CONTACT.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (34)(h), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends part
100 of Title 33, Code of Federal Regulations, 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; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 8 p.m. until 11:59 p.m. on August 5, 2006, a temporary Sec.
100.T13-023 is added to read as follows:
Sec. 100.T13-023 Special Local Regulations, Seattle Seafair, Lake
Washington, WA.
(a) This section is in effect from 8 p.m. until 11:59 p.m. on
August 5, 2006 unless sooner cancelled by the Captain of the Port.
(b) The area where the Coast Guard will restrict general navigation
by this regulation during the hours it is in effect is: The waters of
Lake Washington bounded by the Interstate 90 (Mercer Island/Lacey V.
Murrow) Bridge, the western shore of Lake Washington, and the east/west
line drawn tangent to Bailey Peninsula and along the shoreline of
Mercer Island.
(c) The area described in paragraph (b) of this section has been
divided into two zones. The zones are separated by a line perpendicular
from the I-90 Bridge to the northwest corner of the East log boom and a
line extending from the southeast corner of the East log boom to the
southeast corner of the hydroplane race course and then to the
northerly tip of Ohlers Island in Andrews Bay. The western zone is
designated Zone I, the eastern zone, Zone II. (Refer to NOAA Chart
18447).
(d) The Coast Guard will maintain a patrol consisting of Coast
Guard vessels, assisted by Auxiliary Coast Guard vessels, in Zone II.
The Coast Guard patrol of this area is under the direction of the Coast
Guard Patrol Commander (the ``Patrol Commander''). The Patrol Commander
is empowered to control the movement of vessels on the racecourse and
in the adjoining waters during the period this regulation is in effect.
The Patrol Commander may be assisted by other federal, state and local
law enforcement agencies.
(e) Only authorized vessels may be allowed to enter Zone I during
the hours this regulation is in effect. Vessels in the vicinity of Zone
I shall maneuver and anchor as directed by Coast Guard Officers or
Petty Officers.
(f) During the times in which the regulation is in effect,
swimming, wading, or otherwise entering the water in Zone I by any
person is prohibited.
(g) During the times in which the regulation is in effect, any
person swimming or otherwise entering the water in Zone II shall remain
within ten (10) feet of a vessel.
[[Page 44213]]
(h) During the times this regulation is in effect, rafting to a log
boom will be limited to groups of three vessels.
(i) During the times this regulation is in effect, up to six (6)
vessels may raft together in Zone II if none of the vessels are secured
to a log boom.
(j) During the times this regulation is in effect, only vessels
authorized by the Patrol Commander, other law enforcement agencies or
event sponsors shall be permitted to tow other watercraft or inflatable
devices.
(k) Vessels permitted to proceed through either Zone I or Zone II
during the hours this regulation is in effect shall do so only at
speeds which will create minimum wake, seven (07) miles per hour or
less. This maximum speed may be reduced at the discretion of the Patrol
Commander.
(l) Upon completion of the daily racing activities, all vessels
leaving either Zone I or Zone II shall proceed at speeds of seven (07)
miles per hour or less. The maximum speed may be reduced at the
discretion of the Patrol Commander.
(m) A succession of sharp, short signals by whistle or horn from
vessels patrolling the areas under the direction of the Patrol
Commander shall serve as signal to stop. Vessels signaled shall stop
and shall 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. The Coast Guard may be assisted by other Federal, state and
local law enforcement agencies, as well as official Seafair event
craft.
Dated: July 26, 2006.
R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E6-12582 Filed 8-3-06; 8:45 am]
BILLING CODE 4910-15-P