
[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Proposed Rules]
[Pages 3057-3060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1022]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0996]
RIN 1625-AA08


Special Local Regulation; Hydroplane Races Within the Captain of 
the Port Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking; request for 
comments.

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SUMMARY: The Coast Guard proposes to amend its regulation to establish 
permanent safety zones for hydroplane races taking place on various 
dates within Puget Sound, WA. This supplemental notice of proposed 
rulemaking changes the proposed regulation from establishing safety 
zones under 33 CFR part 165 to establishing a special local regulation 
under 33 CFR part 100, removes the duplicative Port Angeles race area 
and adds a race area in Lake Sammamish to the designated hydroplane 
race areas within the Captain of the Port, Puget Sound area of 
responsibility. When this proposed special local regulation is 
activated, and thus subject to enforcement, this rule would limit the 
movement of non-participating vessels within the regulated race areas 
while hydroplane races are taking place. This rule is needed to provide 
effective control over these events while ensuring the safety of the 
maritime public.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 18, 2011. Requests for public meetings must 
be received by the Coast Guard on or before January 27, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0996 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail LTJG Ashley M. Wanzer, Waterways Management, 
Sector Puget Sound, Coast Guard; telephone 206-217-6175, e-mail 
SectorPugetSoundWWM@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0996), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-0996'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0996'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140

[[Page 3058]]

on the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before January 27, 2011 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact LTJG Ashley M. Wanzer at the telephone number or e-mail address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Background and Purpose

    The Coast Guard receives numerous marine event permits for 
hydroplane races taking place on the waterways of Dyes Inlet, Lake 
Washington, and Lake Sammamish, WA. Historically, these marine events 
involve the establishment of a safety zone which is established on an 
emergency basis to provide safety to the maritime public, participant 
and spectators during these races. This proposed rule would establish a 
special local regulation to restrict vessel movement in designated 
areas during permitted hydroplane marine events and eliminate the need 
to draft emergency rules to establish safety zones for hydroplane races 
in these designated areas. This rule will establish permanent, 
designated hydroplane race areas under 33 CFR part 100 enabling event 
sponsors and the Coast Guard to adequately provide safety in support of 
these marine events.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a special local regulation 
for hydroplane races occurring within the Captain of the Port, Puget 
Sound Area of Responsibility. This special local regulation is 
necessary to restrict vessel movement in designated race areas thereby 
ensuring unencumbered access for rescuers in the event of an emergency 
as well as to ensure public safety from the numerous dangers associated 
with high speed watercraft races.
    On Tuesday, January 19, 2010, we published a notice of proposed 
rulemaking (NPRM) entitled ``Safety Zones; Hydroplane Races within the 
Captain of the Port Puget Sound Area of Responsibility'' in the Federal 
Register (75 FR 2833). We did not receive any comments on the proposed 
rule and did not receive any requests for a public meeting. A public 
meeting was not held. The NPRM published for this regulation included 
three permanent safety zones on the waters of Port Angeles, Dyes Inlet 
and Lake Washington. The Port Angeles hydroplane race area is 
duplicative to 33 CFR 100.1307 and has been removed from this proposed 
regulation. This proposed rule has been revised to create a special 
local regulation designating three permanent hydroplane race areas on 
the waters of Dyes Inlet, Lake Washington, and Lake Sammamish, WA to 
provide effective control over these hydroplane races while ensuring 
the safety of the maritime public during these events. The first 
designated race area is located in the northern section of Dyes inlet, 
west of Port Orchard, WA to include all waters north to land from a 
line connecting the following points 47[deg]37.36' N, 122[deg]42.29' W 
and 47[deg]37.74' N, 122[deg]40.64' W. The second designated race area 
is located in Lake Washington, south of the interstate 90 bridge and 
north of Andrew's Bay, WA to include all waters east of the shoreline 
within the following points: 47[deg]34.15' N, 122[deg]16.40' W; 
47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31' W; 
47[deg]35.00' N, 122[deg]16.71' W. The third designated race area is 
located in Lake Sammamish south to land from a line connecting the 
following points 47[deg]33.810' N, 122[deg]04.810' W and 47[deg]33.810' 
N, 122[deg]03.674' W.
    This special local regulation will restrict vessel movement within 
these designated hydroplane race areas immediately prior to, during and 
immediately following these permitted hydroplane marine events. These 
designated race areas are minimal in size and will be subject to 
enforcement only during hydroplane racing activities, historically 12 
hours or less, with the purpose of providing safety for participants 
and other waterway users. These designated race areas are located in 
remote locations and are therefore expected to have a minimal impact on 
other waterway users. We expect races to occur multiple times 
throughout the year. Notification of the activation of this special 
local regulation will be provided to the public via broadcast notice to 
mariners.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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. This rule is not a 
significant regulatory action because it will be activated and thus 
subject to enforcement for short periods of time in small areas which 
are not considered high-density vessel traffic areas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule will affect the following small 
entities: The owners or operators of vessels intending to transit or 
anchor within these designated hydroplane race areas while enforced on 
the waters of northern Dyes Inlet, Lake Washington, and Lake Sammamish, 
Washington. This proposed rule will not have a significant economic 
impact on a substantial number of small entities because it is small in 
size and short in duration. The only vessels likely to be impacted will 
be recreational boaters. Because the impact of this proposed rule is 
expected to be so minimal, the Coast Guard certifies under 605(b) of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule 
will not have a

[[Page 3059]]

significant impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Ombudsman at 1-888-REG-FAIR 
(188-734-3247). 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.

Collection of Information

    This proposed 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination, under paragraph 34(h) of the 
Instruction, that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. A preliminary checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a special local regulation which 
designates three hydroplane race areas in support of hydroplane races 
events on the waters of Dyes Inlet, Lake Washington and Lake Sammamish, 
WA. Because marine events which seek to use this area will be required 
to conduct an environmental analysis as part of the permit process, 
this proposed rule is excluded from further environmental analysis. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Safety of life on navigable waters.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.1308 to read as follows:


Sec.  100.1308  Special Local Regulation[s]; Hydroplane Races within 
the Captain of the Port Puget Sound Area of Responsibility.

    (a) Location. The following areas are designated race areas for the 
purpose of reoccurring hydroplane races:
    (1) All waters of Dyes inlet, west of Port Orchard, WA to include 
all waters

[[Page 3060]]

north to land from a line connecting the following points 47[deg]37.36' 
N, 122[deg]42.29' W and 47[deg]37.74' N, 122[deg] 40.64' W.
    (2) All waters of Lake Washington south of the interstate 90 bridge 
and north of Andrew's Bay, WA to include all waters east of the 
shoreline within the following points: 47[deg]34.15' N, 122[deg]16.40' 
W; 47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31' 
W; 47[deg]35.00' N, 122[deg]16.71' W.
    (3) All waters of Lake Sammamish south to land from a line 
connecting the following points 47[deg]33.810' N, 122[deg]04.810' and 
47[deg]33.810' N 122[deg]03.674' W.
    (b) Notice of Enforcement or Suspension of Enforcement. This 
special local regulation will be activated and thus subject to 
enforcement, under the following conditions: the Coast Guard must 
receive and approve a marine event permit for each hydroplane event in 
accordance with 33 CFR part 100. The Captain of the Port will provide 
notice of the enforcement of this special local regulation by all 
appropriate means to ensure the widest dissemination among the affected 
segments of the public, as practicable; such means of notification may 
include but are not limited to, Broadcast Notice to Mariners or Local 
Notice to Mariners.
    (c) Regulations. (1) When this special local regulation is 
enforced, non-participant vessels are prohibited from entering the 
designated race areas unless authorized by the designated on-scene 
Patrol Commander.
    Spectator craft may remain in designated spectator areas but must 
follow the directions of the designated on-scene Patrol Commander. The 
event sponsor may also function as the designated on-scene Patrol 
Commander. Spectator craft entering, exiting or moving within the 
spectator area must operate at speeds which will create a minimum wake.
    (2) Emergency Signaling. A succession of sharp, short signals by 
whistle or horn from vessels patrolling the areas under the discretion 
of the designated on-scene Patrol Commander shall serve as a 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.

    Dated: November 24, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2011-1022 Filed 1-18-11; 8:45 am]
BILLING CODE 9110-04-P


