19804 Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0774] 

RIN 1625–AA08 

Special Local Regulation; Montlake 

Cut, Union Bay Reach, Seattle, 

Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for a recurring marine event on Lake 

Washington on the first Saturday of May 

each year. This action is necessary to 

provide for the safety of life on the 

navigable waters during the marine 

event. This regulation restricts vessel 

traffic in the designated area during the 

event unless authorized by the Captain 

of the Port Sector Puget Sound or a 

designated representative. 

DATES: This rule is effective May 6, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0774 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Chief Warrant Officer William 

Martinez, Sector Puget Sound 

Waterways Management Division, U.S. 

Coast Guard; telephone 206–217–6051, 

email SectorPugetSoundWWM@

uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Windermere Cup rowing event is 

held annually on the first Saturday in 

May. The Coast Guard received 

notification of the recurring marine 

event from the University of 

Washington. In response, on January 27, 

2022, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled Special Local Regulation; 

Montlake Cut, Union Bay Reach, Seattle, 

Washington (87 FR 5430). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this Special 

Local Regulation. During the comment 

period that ended March 3, 2022, we 

received no comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is establishing a 

special local regulation for the 

Windermere Cup rowing event held 

annually on the first Saturday of May 

each year from 8 a.m. until 12:00 p.m. 

This event is held on the navigable 

waters of the Montlake Cut and Union 

Bay Reach between Portage Bay and 

Webster Point on Lake Washington in 

Seattle, WA. 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. The 

Coast Guard Thirteenth District 

Commander has determined that 

potential hazards associated with the 

marine event would pose a safety 

concern for anyone within the race area. 

The purpose of this rule is to protect the 

safety of all waterway users, including 

event participants and spectators, 

during the marine event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

January 27, 2022. There is one change 

in the regulatory text of this rule from 

the proposed rule in the NPRM. The 

enforcement period in the NPRM 

mistakenly indicated an end time of 12 

a.m. This text now reads: Until 12 p.m. 

This rule establishes a new annually 

recurring special local regulation on the 

first Saturday of May from 8 a.m. until 

12 p.m. The regulated area will cover all 

navigable waters from Montlake Cut and 

Union Bay Reach between Portage Bay 

and Webster Point on Lake Washington 

in Seattle, from the southern corner of 

University of Washington Oceanography 

pier. The duration of the regulated area 

is intended to ensure the safety of the 

public and participants during the 

rowing race. Non-participant vessels are 

not permitted to enter, transit through, 

anchor in, or remain within the 

regulated area without obtaining 

permission from the COTP or a 

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 size, location, and 

duration of the special local regulation. 

Vessel traffic would be able to safely 

transit around this special local 

regulation area which would impact a 

small-designated area of the Montlake 

Cut and Union Bay Reach. Moreover, 

the Coast Guard will issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the areas, and the rule 

will allow vessels to seek permission to 

enter the areas. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 

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 call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 


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Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules and Regulations 19805 

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 

regulated area lasting 4 hours that 

would prohibit persons or vessels from 

transiting the regulated area during the 

rowing event in Montlake Cut and 

Union Bay Reach between Portage Bay 

and Webster Point on Lake Washington 

in Seattle, WA. It is categorically 

excluded from further review under 

paragraph L61 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

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 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.1311 to read as follows: 

§ 100.1311 Special Local Regulation; 

Montlake Cut, Lake Washington, Seattle, 

Washington. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

The navigable waters from Montlake Cut 

and Union Bay Reach between Portage 

Bay and Webster Point on Lake 

Washington in Seattle, from the 

southern corner of University of 

Washington Oceanography pier at 

47°38′57′′ N, 122°18′45′′ W thence south 

to 47°38′46′′ N, 122°18′45′′ W, thence 

eastward to Webster Point Light 21 at 

47°38′51′′ N, 122°16′33′′ W, thence south 

to the SR520 bridge at 47°38′37′′ N, 

122°16′34′′ W. These coordinates are 

based on North American Datum 83 

(NAD 83). 

(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 Sector Puget 

Sound (COTP) in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as participants in the race. 

Spectator means any vessel in the 

vicinity of a marine event with the 

primary purpose of witnessing the 

event. Spectator vessels can observe the 

marine event from one of the designated 

spectator areas. One area is located 

north of Union Bay Reach in Union Bay. 

The other is located in the area between 

the state route 520 bridge and south of 

Union Bay Reach. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the COTP 

or their designated representative. 

(2) 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 regulated area 

must comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners, 

announcement in the local notice to 

mariners, and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced annually from 8 a.m. 

until 12 p.m. on the first Saturday of 

May. 

Dated: March 31, 2022. 

O.M. Saboe, 

Captain, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District, Acting. 

[FR Doc. 2022–07201 Filed 4–5–22; 8:45 am] 

BILLING CODE 9110–04–P 


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