Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58055 

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. 

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 

58056 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

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. 

■ 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 

■ 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. Section 100.1307 is added to read 

as follows: 

§ 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°07′24′′ N, 123°25′32′′ W; 

Point 2: 48°07′26′′ N, 123°24′35′′ W; 

Point 3: 48°07′12′′ N, 123°25′31′′ W; 

Point 4: 48°07′15′′ N, 123°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°07′32′′ N, 123°25′33′′ W; 

Point 2: 48°07′29′′ N, 123°24′36′′ W; 

Point 3: 48°07′24′′ N, 123°25′32′′ W; 

Point 4: 48°07′26′′ N, 123°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) Nonparticipant 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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