[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Proposed Rules]
[Pages 27636-27639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12500]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0334]
RIN 1625-AA08
Special Local Regulation; Commencement Bay, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its proposing regarding
a temporary special local regulation for certain waters of Commencement
Bay for the 2017 World Water Ski Racing Championships. This special
local regulation would prohibit non-participant persons and vessels
from entering, transiting through, anchoring in, or remaining within
the race area and prohibits vessels from transiting at speeds that
cause wake within the spectator area unless authorized by the Captain
of the Port Puget Sound or a Designated Representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 3, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0334 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Zachary Spence, Sector
Puget Sound Waterways Management Branch, U.S. Coast Guard; telephone
206-217-6051, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On December 8, 2016, Overload Productions notified the Coast Guard
that it intends on conducting a high speed water ski race on
Commencement Bay. Approximately 40 motor boats and water skiers will be
participating in the races and operating at high speeds with limited
maneuverability, which poses a significant hazard to race participants
and other boaters. In addition the event sponsors anticipate a
potential small number of on-water spectators to be present during the
races.
The Coast Guard published a Notice of Proposed Rulemaking on May
19, 2017 (82 FR 22934), proposing a special local regulation. We are
issuing this supplemental proposal to amend the special local
regulation to include August 5, 2017 as a race day, increasing the size
of the race area, and extending
[[Page 27637]]
the comment period to account for these changes.
The purpose of this rulemaking is to ensure the safety of vessels
and participants in the race as well as spectators and the maritime
public. The rulemaking would accomplish this purpose by establishing
two regulated areas before, during, and after the scheduled event, one
for race participants, and one for spectators and the maritime public.
Many factors amplify the potential hazards of the race, including
limited maneuverability of the race participants, commercial vessel
traffic, and the number of local recreational and fishing vessels. The
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
This proposed rule would create a temporary special local
regulation on certain waters of Commencement Bay in Tacoma, WA for the
2017 World Water Ski Racing Championships. This special local
regulation would establish two separate regulated areas, a race area
and a spectator area. Within the race area, all persons and vessels,
except those persons and vessels participating in the high-speed water
ski races, are prohibited from entering, transiting through, anchoring
in, or remaining within. Within the spectator area, all vessels are
prohibited from anchoring and are required to transit at the minimum
speed necessary to maintain course, minimizing vessels wake, unless
authorized by the Captain of the Port Puget Sound or a Designated
Representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
proposed rule a significant regulatory action under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
As this proposed rule is not a significant regulatory action, this
rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of
the Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the Special Local Regulation.
Vessel traffic would be able to safely transit around race area or
through the spectator area which would only impact a small designated
area of Commencement Bay for less than nine hours during the days of
event. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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 proposed 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 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 proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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
[[Page 27638]]
more in any one year. Though this proposed rule would not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a special
local regulation lasting for nine hours on each day the event occurs
and would prohibit entry into the race area and restrict movement
within the spectator area. Normally such actions are categorically
excluded from further review under section 2.B.2, and figure 2-1,
paragraph 34(h) of the Instruction. Paragraph 34(h) pertains to special
local regulations issued in conjunction with a regatta or marine
parade. This rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary Record of Environmental Consideration (REC) supporting this
determination is available in the docket where indicated under the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this SNPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T13-0334 to read as follows:
Sec. 100.T13-0334 Special Local Regulation; Commencement Bay, Tacoma,
WA
(a) Location. The special local regulations found in paragraph (c)
apply in the following areas.
(1) Race Area. All waters of Commencement Bay encompassed within an
imaginary line connecting the following coordinates: Starting at point
1 in position 47[deg]18'9.6'' N., 122[deg]30'23.6'' W.; thence
northeast to Point 2 in position 47[deg]18'15.2'' N., 122[deg]30'14.4''
W.; thence east to Point 3 in position 47[deg]18'32'' N.,
122[deg]28'41.3'' W.; thence south to Point 4 in position
47[deg]17'32'' N., 122[deg]28'22.4'' W.; thence southwest to Point 5 in
position 47[deg]17'5.5'' N., 122[deg]29'6.4'' W.; thence northwest back
to origin.
(2) Spectator Area. All waters of Commencement Bay encompassed
within an imaginary line connecting the following points: Starting at
Point 1 in position 47[deg]17'32'' N., 122[deg]28'22.4'' W.; thence
southeast to Point 2 in position 47[deg]17'29.4'' N., 122[deg]28'17.2''
W.; thence southwest to Point 3 in position 47[deg]17'3'' N.,
122[deg]29'01'' W.; thence northwest to Point 4 in position
47[deg]17'5.5'' N., 122[deg]29'6.4'' W.; thence northeast back to
origin.
(b) Definitions. For the purpose of this section the following
definitions apply:
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 regulated areas identified in paragraph
(a)(1) and (a)(2) 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) All persons and vessels, except those persons and vessels
participating in the high-speed water ski races, are prohibited from
entering, transiting through, anchoring in, or remaining within the
race area.
(2) All persons and vessels entering, exiting, or moving within the
spectator area must operate at speeds, which will create a minimum
wake, and will 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) Persons and vessels desiring to enter, transit through, anchor
in, remain within or transit in excess of wake speed within any of the
regulated areas must contact the Captain of the Port Puget Sound by
telephone at (206) 217-6002, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the Captain of the Port Puget Sound or
a designated representative.
(c) Notice of Enforcement. The Coast Guard will provide notice of
the enforcement of this Special Local Regulation by all appropriate
means to ensure the widest dissemination among the public, as
practicable; such means of notification may include but are not
[[Page 27639]]
limited to, Broadcast Notice to Mariners, Local Notice to Mariners, and
by on-scene designated representatives.
(d) Enforcement Period. This rule is effective from 9 a.m. to 6
p.m. on July 29, 31, and August 2 and 5, 2017, unless cancelled sooner
by the Captain of the Port Puget Sound.
Dated: June 12, 2017.
D.G. Throop,
Commander, RDML, U.S. Coast Guard, Thirteenth Coast Guard District.
[FR Doc. 2017-12500 Filed 6-15-17; 8:45 am]
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