[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38029-38031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16683]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0027]
RIN 1625-AA11


Regulated Navigation Area; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area for certain navigable waters of Lake Washington. The 
regulated navigation area is intended to protect personnel and vessels 
moored in the vicinity and other vessel traffic from potential hazards 
created by vessel wake. Vessels transiting this area will be restricted 
to speeds that create a minimum wake.

DATES: This rule is effective from 8 p.m. on August 3, 2018, through 
11:59 p.m. on August 5, 2018. This rule will be enforced from 8 p.m. to 
8 a.m. daily from August 3, 2018, through August 4, 2018 and from 8 
p.m. to 11:59 p.m. on August 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0027 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Zachary Spence,

[[Page 38030]]

Sector Puget Sound Waterways Management, Coast Guard; telephone 206-
217-6051, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 the extraordinary amount of vessel 
traffic occurring after Seafair marine events and wake hazards posed to 
persons and vessels moored to the log booms and other vessel traffic in 
the regulated navigation area. Wakes created by vessels transiting in 
the vicinity of the vessels moored to the log boom pose a safety 
concern to personnel aboard those vessels and damage to property. 
Prompt action is needed to restrict vessel movement prior to and after 
Seafair events. It is impracticable to publish an NPRM because we must 
establish this regulated navigation area by August 3, 2018.
    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. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
respond to the potential safety hazards associated with excessive 
vessel wake and the hazards posed to personnel and vessels moored in 
the vicinity, particularly those moored to the log booms on Lake 
Washington as well as other vessel traffic in the area.

III. Legal Authority and Need for Rule

    On July 25, 2018, numerous local entities notified the Coast Guard 
of potential hazardous conditions associated with increased vessel and 
swimmer congestion before and after Seafair, which may make routine 
navigation unsafe for persons and vessels. The Coast Guard is issuing 
this rule under authority in 33 U.S.C. 1231. The District Commander has 
determined that potential hazards associated with excessive vessel wake 
from August 3, 2018, through August 5, 2018, will be a safety concern 
for anyone south of the Interstate 90 Bridge and north of Bailey 
Peninsula due to extraordinary amount of vessel traffic occurring after 
Seafair marine events. Wake hazards caused by this anticipated increase 
in marine traffic will pose significant risk to persons and vessels 
moored to the log booms and other vessel traffic in the area. This rule 
is needed to protect persons and vessels in the navigable waters within 
the regulated navigation area from excessive vessel wake occurring 
prior to and after Seafair Events.

IV. Discussion of the Rule

    This rule establishes a regulated navigation area from 8 p.m. to 8 
a.m. daily from August 3, 2018, through August 4, 2018 and from 8 p.m. 
to 11:59 p.m. on August 5, 2018. The regulated navigation area will 
cover all navigable waters south of the Interstate 90 floating bridge 
and north of a line between the Bailey peninsula and Mercer Island. The 
duration of the regulated navigation area is intended to protect 
personnel and vessels in these navigable waters from excessive wake 
associated with vessel traffic before and after Seafair events. Vessels 
transiting the area will be required to create minimum wake at speeds 
less than 7 miles per hour. Enforcement periods for this rule will 
occur daily prior to and immediately following Seafair Unlimited 
Hydroplane Race activities.
    On June 25, 2018 (83 FR 29438), we published a related notice of 
enforcement of regulation for 33 CFR 100.1301, Seattle Seafair 
unlimited hydroplane race. That regulation will be enforced from 8 a.m. 
on July 31, 2018, through 8 p.m. on August 6, 2018.

V. Regulatory Analyses

    We developed this 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 and 13563 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the regulated navigation area. 
Vessel traffic will be able to transit through the regulated navigation 
area, only impacting a small designated area of Lake Washington for 
less than three days. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the regulated 
navigation area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider 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 rule 
will 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 navigation area may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    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. 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

[[Page 38031]]

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.

C. Collection of Information

    This rule will 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 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined 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 rule involves 
a regulated navigation area lasting less than 3 days that will restrict 
vessel speed between the I-90 floating bridge and a line drawn 
perpendicular from Bailey Peninsula to Mercer Island. It is 
categorically excluded from further review under L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is 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.

    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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-0027 to read as follows:


Sec.  165.T13-0027  Regulated Navigation Area; Lake Washington; 
Seattle, WA.

    (a) Location. The following area is a regulated navigation area: 
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.
    (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 
regulated navigation zone.
    (c) Regulations. All vessels and persons transiting this regulated 
navigation area shall proceed at a speed which creates minimum wake, 7 
miles per hour or less.
    (d) Enforcement periods. This section will be enforced from 8 p.m. 
to 8 a.m. daily from August 3, 2018, through August 4, 2018 and from 8 
p.m. to 11:59 p.m. on August 5, 2018.

    Dated: July 31, 2018.
D.G. Throop,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2018-16683 Filed 8-2-18; 8:45 am]
 BILLING CODE 9110-04-P


