[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38029-38031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16683]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0027]
RIN 1625-AA11
Regulated Navigation Area; Lake Washington, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area for certain navigable waters of Lake Washington. The
regulated navigation area is intended to protect personnel and vessels
moored in the vicinity and other vessel traffic from potential hazards
created by vessel wake. Vessels transiting this area will be restricted
to speeds that create a minimum wake.
DATES: This rule is effective from 8 p.m. on August 3, 2018, through
11:59 p.m. on August 5, 2018. This rule will be enforced from 8 p.m. to
8 a.m. daily from August 3, 2018, through August 4, 2018 and from 8
p.m. to 11:59 p.m. on August 5, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0027 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Zachary Spence,
[[Page 38030]]
Sector Puget Sound Waterways Management, Coast Guard; telephone 206-
217-6051, [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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the extraordinary amount of vessel
traffic occurring after Seafair marine events and wake hazards posed to
persons and vessels moored to the log booms and other vessel traffic in
the regulated navigation area. Wakes created by vessels transiting in
the vicinity of the vessels moored to the log boom pose a safety
concern to personnel aboard those vessels and damage to property.
Prompt action is needed to restrict vessel movement prior to and after
Seafair events. It is impracticable to publish an NPRM because we must
establish this regulated navigation area by August 3, 2018.
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 of
this rule would be impracticable because prompt action is needed to
respond to the potential safety hazards associated with excessive
vessel wake and the hazards posed to personnel and vessels moored in
the vicinity, particularly those moored to the log booms on Lake
Washington as well as other vessel traffic in the area.
III. Legal Authority and Need for Rule
On July 25, 2018, numerous local entities notified the Coast Guard
of potential hazardous conditions associated with increased vessel and
swimmer congestion before and after Seafair, which may make routine
navigation unsafe for persons and vessels. The Coast Guard is issuing
this rule under authority in 33 U.S.C. 1231. The District Commander has
determined that potential hazards associated with excessive vessel wake
from August 3, 2018, through August 5, 2018, will be a safety concern
for anyone south of the Interstate 90 Bridge and north of Bailey
Peninsula due to extraordinary amount of vessel traffic occurring after
Seafair marine events. Wake hazards caused by this anticipated increase
in marine traffic will pose significant risk to persons and vessels
moored to the log booms and other vessel traffic in the area. This rule
is needed to protect persons and vessels in the navigable waters within
the regulated navigation area from excessive vessel wake occurring
prior to and after Seafair Events.
IV. Discussion of the Rule
This rule establishes a regulated navigation area from 8 p.m. to 8
a.m. daily from August 3, 2018, through August 4, 2018 and from 8 p.m.
to 11:59 p.m. on August 5, 2018. The regulated navigation area will
cover all navigable waters south of the Interstate 90 floating bridge
and north of a line between the Bailey peninsula and Mercer Island. The
duration of the regulated navigation area is intended to protect
personnel and vessels in these navigable waters from excessive wake
associated with vessel traffic before and after Seafair events. Vessels
transiting the area will be required to create minimum wake at speeds
less than 7 miles per hour. Enforcement periods for this rule will
occur daily prior to and immediately following Seafair Unlimited
Hydroplane Race activities.
On June 25, 2018 (83 FR 29438), we published a related notice of
enforcement of regulation for 33 CFR 100.1301, Seattle Seafair
unlimited hydroplane race. That regulation will be enforced from 8 a.m.
on July 31, 2018, through 8 p.m. on August 6, 2018.
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.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration and time-of-day of the regulated navigation area.
Vessel traffic will be able to transit through the regulated navigation
area, only impacting a small designated area of Lake Washington for
less than three days. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the regulated
navigation area.
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 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 navigation 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
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
[[Page 38031]]
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and Commandant Instruction M16475.1D, 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 navigation area lasting less than 3 days that will restrict
vessel speed between the I-90 floating bridge and a line drawn
perpendicular from Bailey Peninsula to Mercer Island. It is
categorically excluded from further review under L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, 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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T13-0027 to read as follows:
Sec. 165.T13-0027 Regulated Navigation Area; Lake Washington;
Seattle, WA.
(a) Location. The following area is a regulated navigation area:
The waters of Lake Washington bounded by the Interstate 90 (Mercer
Island/Lacey V. Murrow) Bridge, the western shore of Lake Washington,
and the east/west line drawn tangent to Bailey Peninsula and along the
shoreline of Mercer Island.
(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 Puget Sound (COTP) in the enforcement of the
regulated navigation zone.
(c) Regulations. All vessels and persons transiting this regulated
navigation area shall proceed at a speed which creates minimum wake, 7
miles per hour or less.
(d) Enforcement periods. This section will be enforced from 8 p.m.
to 8 a.m. daily from August 3, 2018, through August 4, 2018 and from 8
p.m. to 11:59 p.m. on August 5, 2018.
Dated: July 31, 2018.
D.G. Throop,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2018-16683 Filed 8-2-18; 8:45 am]
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