
[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Rules and Regulations]               
[Page 53572-53574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se10-3]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0799]
RIN 1625-AA00

 
Safety Zone; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the navigation channel in Budd Inlet, WA during Olympia Harbor Days tug 
boat races. This safety zone is necessary to restrict vessel movement 
during racing activity in order to ensure the safety of participants, 
spectators, and the maritime public. This action is intended to 
restrict vessel traffic movement on specified waters of the Budd Inlet, 
WA during Olympia Harbor Days tug boat races.

DATES: This rule is effective from 8 a.m. until 8 p.m. on September 
5th, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0799 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0799 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is contrary to the public interest 
to delay the effective date of this rule. Delaying the effective date 
by first publishing an NPRM would be contrary to the safety zone's 
intended objectives because immediate action is needed to restrict 
vessel movement during racing activity in order to ensure the safety of 
participants, spectators, and the maritime public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life 
and property; therefore, a 30-day notice is impracticable. Delaying the 
effective date would be contrary to the safety zone's intended 
objectives of protecting persons and vessels involved in the event, and 
enhancing public and maritime safety.

Basis and Purpose

    This temporary rule addresses safety concerns associated with the 
Olympia Harbor Days tugboat races. Tugboat races result in vessel and 
spectator congestion in the proximity of the race course. Additionally, 
the draft of these vessels creates a large wake when accelerating at 
fast speeds during races. This safety zone is necessary to ensure 
spectators remain an adequate distance from the race course and to 
provide unencumbered access for emergency response craft in the event 
of a race-related emergency. This safety zone will do so by prohibiting 
persons and vessel operators from entering, transiting or remaining 
within this safety zone while enforced.

Discussion of Rule

    Olympia Harbor Days is an annual tugboat race in Budd Inlet, WA 
involving three classes of tugboat races. Each class of vessel will 
compete in a heat which will take place in the navigation channel. This 
safety zone restricts vessel movement in the navigation channel during 
each heat of racing. This rule is effective from 8 a.m. until 8 p.m. on 
September 5th, 2010. The safety zone will encompass all waters of Budd 
Inlet, WA the width of the navigation channel south of a line 
connecting the following points: 47[deg]05'34'' N 122[deg]55'53'' W and 
47[deg]05'34'' N 122[deg]55'28'' W, until reaching the northernmost end 
of the navigation channel at a line connecting the following points 
47[deg]05'06'' N 122[deg]55'28'' W and 47[deg]05'03'' N, 
122[deg]55'44'' W then southeasterly until reaching the southernmost 
entrance of the navigation channel at a line connecting the following 
points 47[deg]04'00'' N 122[deg]54'28'' N 122[deg]54'35'' W. Access to 
the zone will be restricted during the specified date and time. Entry 
into, transit through, mooring or anchoring within this zone is 
prohibited unless authorized by the Captain of the Port, Puget Sound or 
Designated Representative.

Regulatory Analyses

    We developed this 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 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 is short in duration and vessels will be able to 
transit the navigation channel between heats of racing.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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

[[Page 53573]]

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 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 zone during periods of enforcement. This safety zone will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. This rule will be enforced for a 
short duration and vessels will be able to navigate the channel between 
heats with the permission of the patrolling event committee crafts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls 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 
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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will 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 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

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 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 concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g.), 
of the Instruction. This rule involves the establishment of a safety 
zone. An environmental analysis checklist and a categorical exclusion 
determination will be made available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

[[Page 53574]]


0
2. Add temporary Sec.  33 CFR 165.T13-159 to read as follows:


Sec.  165.T13-159  Safety Zone; Olympia Harbor Days Tug Boat Races, 
Budd Inlet, WA.

    (a) Safety Zones. The following area is designated as a safety 
zone:
    1. Location. All waters of Budd Inlet, WA the width of the 
navigation channel south of a line connecting the following points: 
47[deg]05'34'' N 122[deg]55'53'' W and 47[deg]05'34'' N 122[deg]55'28'' 
W until reaching the northernmost end of the navigation channel at a 
line connecting the following points 47[deg]05'06'' N 122[deg]55'28'' W 
and 47[deg]05'03'' N 122[deg]55'44'' W then southeasterly until 
reaching the southernmost entrance of the navigation channel at a line 
connecting the following points 47[deg]04'00'' N 122[deg]54'28'' N 
122[deg]54'35'' W.
    (b) Effective Period. This regulation is effective from 8 a.m. 
until 8 p.m. on September 5th, 2010.
    (c) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person or vessel may enter, transit, moor, 
or anchor within this safety zone unless authorized by the Captain of 
the Port or Designated Representative.
    (d) Authorization. All persons or vessels who desire to enter the 
safety zone created in this section must obtain permission from the 
Captain of the Port or Designated Representative by contacting either 
the event sponsor on VHF Ch 06, the on-scene patrol craft on VHF Ch 13 
or Ch 16 or the Coast Guard Sector Puget Sound Joint Harbor Operations 
Center (JHOC) via telephone at 206-217-6002.

    Dated: August 17, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-21779 Filed 8-31-10; 8:45 am]
BILLING CODE 9110-04-P

