
[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Rules and Regulations]               
[Page 57167-57169]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se10-4]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0842]
RIN 1625-AA00

 
Safety Zone; CLS Fall Championship Hydroplane Race, Lake 
Sammamish, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Sammamish, WA for the Composite Laminate Specialties 
(CLS) Fall Championship Hydroplane Race. This action is necessary to 
ensure public safety from the intrinsic dangers associated with high-
speed races while ensuring unencumbered access for rescue personnel in 
the event of an emergency. During the enforcement period, no person or 
vessel will be allowed to enter the safety zone without the permission 
of the Captain of the Port or Designated Representative.

DATES: This rule is effective from 9 a.m. on October 1, 2010, through 7 
p.m. on October 3, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0842 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0842 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 to do so would be impracticable since 
the Hydroplane Races would be over by the time the notice could be 
published and comments taken.
    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. In addition to the reasons stated 
above, this rule is intended to ensure the safety of the event 
participants, spectators and other waterway users; thus any delay in 
the rule's effective date would cause a safety hazard to the public.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of 
participants, vessels and spectators from hazards associated with high-
speed hydroplane races. Hydroplane races have the potential to result 
in serious injuries or fatalities. This rule is intended to restrict 
vessels, vessel operators, and swimmers from entering the designated 
hydroplane race area during times of enforcement of this zone.

Discussion of Rule

    Hydroplane races pose significant risks to participants, spectators 
and the boating public because of the large number of spectators, and 
vessel congestion occurring in the vicinity of the hydroplane race 
course. This rule establishes a safety zone on Lake Sammamish, WA 
encompassed by all waters south to land from a line starting at 47[deg] 
33.810' N. 122[deg] 04.810' W. then east to 47[deg] 33.810' N. 122[deg] 
03.674' W. This temporary safety zone is necessary

[[Page 57168]]

to ensure the safety of participants, spectators and vessels from 
hazards associated with high-speed hydroplane races. The rule will be 
enforced from 9 a.m. through 7 p.m. on each day from October 1 through 
October 4, 2010.

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 minimal in size.

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 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 the affected portion of Lake Sammamish during times of 
enforcement of this safety zone. This rule will not have a significant 
effect or economic impact on those small entities because this safety 
zone is located in a remote area with low vessel traffic, is short in 
duration and limited in size.

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

[[Page 57169]]

(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 temporary safety zone. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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 Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1

0
2. Add Sec.  165.T13-162 to read as follows:


Sec.  165.T13-162  Safety Zone; Composite Laminate Specialties Fall 
Championship Hydroplane Race, Lake Sammamish, WA

    (a) Location. All waters encompassed on the waters of Lake 
Sammamish, WA, south to land from a line starting at 47[deg] 33.810' N 
122[deg] 04.810' W then east to 47[deg] 33.810' N 122[deg] 03.674' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel operator may enter or remain in the 
safety zone without the permission of the Captain of the Port or 
Designated Representative. The Captain of the Port may be assisted by 
other federal, state, or local agencies with the enforcement of the 
safety zone.
    (c) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting the on-scene patrol craft. 
Vessel operators granted permission to enter the zone will be escorted 
by the on-scene patrol craft until they are outside of the safety zone.
    (d) Enforcement Period. This rule is effective from 9 a.m. to 7 
p.m. on October 1 through October 3, 2010, unless canceled sooner by 
the Captain of the Port, Puget Sound.

    Dated: September 2, 2010.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-23358 Filed 9-17-10; 8:45 am]
BILLING CODE 9110-04-P

