[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58805-58807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23238]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0798]
RIN 1625-AA00


Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake 
Washington, WA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within 4000 yards of a line drawn from Stan Sayres 
Memorial Hydroplane Pits downward to the Adams Street Boat Ramp on Lake 
Washington. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards in the vicinity of 
the Stan Sayres Memorial Park and Boat Launch and Adams Street Boat 
Ramp associated with test trials of a hydroplane race boat. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Puget Sound or their 
Designated Representative.

DATES: This rule is effective from 10 a.m. through 2 p.m. on November 
9, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Rob Nakama, Sector Puget Sound Waterways Management 
Division, U.S. Coast Guard; telephone 206-217-6089, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget Sound
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 Coast Guard received notification 
of the test trials on October 12, 2021, and must take immediate action 
to protect the public from potential hazards by the operation of the 
hydroplane. It is impracticable to publish an NPRM because we must 
establish this safety zone by November 9, 2021.
    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 of the safety hazards 
potentially associated with the test trial of a high speed watercraft. 
Immediate action is needed to to protect vessels, personnel, and the 
marine environment from potential hazards associated with the 
hydroplane's operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Puget 
Sound (COTP) has determined that potential hazards exist with the test 
trials of a high speed watercraft on Lake Washington. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone from potential hazards posed by 
the hydroplane's operation.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. through 2 p.m. on

[[Page 58806]]

November 9, 2021. The safety zone will cover all navigable waters 
within 4000 yards of a line drawn from 47[deg]34'31'' N, 
122[deg]16'34'' W, thence to position 47[deg]34'02'' N, 122[deg]15'44'' 
W, 150 yards offshore of the Stan Sayres Memorial Hydroplane Pits 
downward to 150 yards off the Adams Street Boat Ramp which will be 
marked with buoys, located on Lake Washington. These coordinates are 
based on World Geodetic System (WGS 84). The duration of the zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters while the Hydroplane and Raceboat Museum 
conducts its test trials. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. A 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 regulations in this 
section. To seek permission to enter, contact the COTP or the COTP's 
representative by calling the Sector Puget Sound Command Center at 206-
217-6002. Those in the safety zone must comply with all lawful orders 
or directions given to them by the COTP or the designated 
representative.

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, and we 
discuss First Amendment rights of protestors.

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. 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).
    This regulatory action determination is based on the fact that the 
safety zone created by this rule is limited in size and duration. 
Vessel traffic will be able to safely transit around this safety zone.

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 
safety zone 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 
call or email 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). 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone lasting only 4 hours that will prohibit entry within the 
marked area off the Stan Sayres Memorial Hydroplane Pits and Adams 
Street Boat Ramp, located on Lake Washington. It is categorically 
excluded from further review under paragraph L60(c) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 58807]]

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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T13-0798 to read as follows:


Sec.  165.T13-0798   Safety Zone; Hydroplane and Raceboat Museum Test 
Area, Lake Washington, WA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 4000 yards of a line drawn from 47[deg]34'31'' N, 
122[deg]16'34' W, thence to position 47[deg]34'02'' N, 122[deg]15'44' 
W, located on Lake Washington in the vicinity of the Stan Sayres 
Memorial Park and Boat Launch and the Adams Street Boat Ramp. These 
coordinates are based on World Geodetic System (WGS 84).
    (b) Definitions. As used in this section, a 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 Sector Puget Sound (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.

    Dated: October 19, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2021-23238 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P


