[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Rules and Regulations]
[Pages 58053-58055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21846]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-04-039]
RIN 1625-AA08


Special Local Regulations for Marine Events, Strait Thunder 
Hydroplane Races, Port Angeles, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Strait Thunder Hydroplane Races 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 from 9 a.m. on October 1, 2004 through 5 
p.m. on October 3, 2004 Pacific Daylight Time.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are port of docket CGD13-04-039 and are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Office 
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington 
98134 between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen 
at (206) 217-6231.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The hydroplane race poses 
several dangers to the public including excessive noise, objects 
falling from any accidents, and hydroplanes racing at high speeds in 
proximity to other vessels. Accordingly, prompt regulatory action is 
needed in order to provide for the safety of spectators and 
participants during the event. If normal notice and comment procedures 
were followed, this rule would not become effective until after the 
date of the event. The Coast Guard finds that good cause exists for not 
publishing an NPRM, because doing so would be contrary to the interests 
of public safety because immediate action is necessary to protect the 
public.
    Under 5 U.S.C.(d)(3), for the same reasons cited above, the Coast 
Guard finds that good cause exists for making this rule effective in 
less than 30 days after publication in the Federal Register.

Discussion of Rule

    This rule will create two regulated areas, a race area and a 
viewing area. These regulated areas restrict the movement of spectator, 
non-participant, vessels during hydroplane races. These regulated areas 
assist in minimizing the inherent dangers associated with hydroplane 
races. These dangers include, but are not limited to, excessive noise, 
race craft traveling at high speed in close proximity to one another 
and to spectator craft, and the risk of airborne objects from any 
accidents associated with hydroplanes. In the event that hydroplanes 
require emergency assistance, rescuers must have immediate and 
unencumbered access to the craft. The Coast Guard, through this action, 
intends to promote the safety of personnel, vessels, and facilities in 
the area. Due to these concerns, public safety requires these 
regulations to

[[Page 58054]]

provide for the safety of life on the navigable waters.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. This expectation is based on the fact that the 
regulated area established by this rule encompasses an area near Port 
Angeles Harbor, not frequented by commercial navigation. The regulation 
is established for the benefit and safety of the recreational boating 
public, and any negative recreational boating impact is offset by the 
benefits of allowing the hydroplanes to race. This rule is effective 
from 9 a.m. on October 1, 2004 through 5 p.m. on October 3, 2004 
Pacific Daylight Time. For the above reasons, the Coast Guard does not 
anticipate any significant economic impact.

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 proposal 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.) that this rule 
will 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 this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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 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).

Collection of Information

    This rule would call 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 
Executive Order 13132 and have determined that this rule does not have 
implications for federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect 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 concern 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.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969

[[Page 58055]]

(NEPA) (42U.S.C. 4321-4370f), and have concluded that there are not 
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, and ``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 record keeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100, as follows:

PART 100--MARINE EVENTS [AMENDED]

    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.


    2. From 9 a.m. on October 1 through 5 p.m. on October 3, 2004, add 
temporary Sec.  100.T13-002 to read as follows:


Sec.  100.T13-002  Special Local Regulations, Strait Thunder Hydroplane 
Races, 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. (1) For the purposes of this section, Coast Guard 
Patrol Commander means a commissioned, warrant, or petty officer of the 
Coast Guard who has been designated by the Commander, Coast Guard Group 
Port Angeles. The Coast Guard Patrol Commander is empowered to control 
the movement of vessels in the regulated area.
    (2) For the purposes of this section, 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) From 9 a.m. on October 1, 2004 
through 5 p.m. on October 3, 2004, 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 that will create a minimum wake, and not exceed 
seven knots. The maximum speed may be reduced at the discretion of the 
Coast Guard 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.

    Dated: September 22, 2004.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 04-21846 Filed 9-28-04; 8:45 am]
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