[Federal Register: October 5, 2005 (Volume 70, Number 192)]
[Rules and Regulations]
[Page 58055-58056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc05-11]
[[Page 58055]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-05-009]
RIN 1625-AA08
Special Local Regulations; Strait Thunder Performance, Port
Angeles, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
the Strait Thunder Race held on the waters of Port Angeles Harbor, Port
Angeles, Washington. These special local regulations limit the movement
of non-participating vessels in the regulated race area and provide for
a viewing area for spectator craft. This rule is needed to provide for
the safety of life on navigable waters during the event.
DATES: This rule is effective October 5, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD13-05-009 and are available for inspection or
copying at Sector Seattle, 1519 Alaskan Way South, Seattle, Washington
98134 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Jes Hagen, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134 (206) 217-
6232.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 27, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Strait Thunder Performance, Port Angeles, WA in the
Federal Register (70 FR 122). We received no letters commenting on the
proposed rule. No public meeting was requested, and none was held.
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 would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, support craft, spectator
craft and other vessels transiting the event area. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the event. However, advance notifications will be made
to users of the waterway via marine information broadcasts and area
newspapers.
Background and Purpose
These hydroplane races pose several dangers to the public including
excessive noise, objects falling from any accidents, and hydroplanes
racing at high speeds in close proximity to other vessels. Accordingly,
regulatory action is needed in order to provide for the safety of
spectators and participants during the event.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM
proposing this final rule.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard 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. This rule will affect the following entities, some of which may
be small entities: The owners or operators of vessels intending to
transit this portion of Port Angeles Harbor during the time this
regulation is in effect. The zone will not have a significant economic
impact due to its short duration and small area. The only vessels
likely to be impacted will be recreational boaters and small passenger
vessel operators. The event is held for the benefit and entertainment
of those above categories. Because the impacts of this rule are
expected to be so minimal, the Coast Guard certifies under 605(b) of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) this rule would
not have a significant economic 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 the rule so they can better evaluate its
effects on them and participate in the rulemaking process. 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.
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 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 effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 58056]]
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 Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends part
100 of Title 33, Code of Federal Regulations, as follows:
PART 100--MARINE EVENTS
0
1. The authority citation for Part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1
0
2. Section 100.1307 is added to read as follows:
Sec. 100.1307 Special Local Regulations, Strait Thunder Performance,
Port Angeles, WA.
(a) Regulated Areas. (1) The race area encompasses all waters
located inside of a line connecting the following points located near
Port Angeles, Washington:
Point 1: 48[deg]07'24'' N, 123[deg]25'32'' W;
Point 2: 48[deg]07'26'' N, 123[deg]24'35'' W;
Point 3: 48[deg]07'12'' N, 123[deg]25'31'' W;
Point 4: 48[deg]07'15'' N, 123[deg]24'34'' W.
[Datum: NAD 1983].
(2) The spectator area encompasses all waters located within a box
bounded by the following points located near Port Angeles, Washington:
Point 1: 48[deg]07'32'' N, 123[deg]25'33'' W;
Point 2: 48[deg]07'29'' N, 123[deg]24'36'' W;
Point 3: 48[deg]07'24'' N, 123[deg]25'32'' W;
Point 4: 48[deg]07'26'' N, 123[deg]24'35'' W.
[Datum: NAD 1983.]
(b) Definitions. For the purpose of this section the following
definitions apply:
(1) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by Commander,
Coast Guard Group Port Angeles. The Coast Guard Patrol Commander is
empowered to control the movement of vessels in the regulated area.
(2) Patrol Vessel means any Coast Guard vessel, Coast Guard
Auxiliary vessel, or other federal, state or local law enforcement
vessel.
(c) Special Local Regulations. (1) Non-participant vessels are
prohibited from entering the race area unless authorized by the Coast
Guard Patrol Commander.
(2) Spectator craft may remain in the designated spectator area but
must follow the directions of the Coast Guard Patrol Commander.
Spectator craft entering, exiting or moving within the spectator area
must operate at speeds, which will create a minimum wake, and not
exceed seven knots. The maximum speed may be reduced at the discretion
of the Patrol Commander.
(3) A succession of sharp, short signals by whistle or horn from a
Patrol Vessel will serve as a signal to stop. Vessels signaled must
stop and 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.
(4) The Coast Guard Patrol Commander may be assisted by other
federal, state and local law enforcement agencies in enforcing this
regulation.
(d) Enforcement dates. This section is enforced annually on the
first or second Friday, Saturday, and Sunday in October from 9 a.m.
until 5 p.m. The event is a three day event and the specific dates will
be published each year in the Federal Register. In 2005, this section
will be enforced from 9 a.m. until 5 p.m. on Friday, September 30th, to
Sunday, October 2nd.
Dated: September 27, 2005.
R.R. Houck,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 05-20021 Filed 10-4-05; 8:45 am]
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