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Modification to Special Local Regulation (SLR) for Seattle Seafair Unlimited Hydroplane Race
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 2, 2001 (Volume 66, Number 127)]
[Rules and Regulations]
[Page 34821-34823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy01-13]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
CGD 13-01-004
RIN 2115-AE46
Modification to Special Local Regulation (SLR) for Seattle
Seafair Unlimited Hydroplane Race
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is updating the Seafair Special Local
Regulation (SLR) to enhance the safe execution of Seafair's hydroplane
and air show event. The rule adds one week to the time period within
which the regulations of the SLR can become effective each year and
adds restrictions on swimming and rafting within the regulated areas.
DATES: This rule is effective August 1, 2001.
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 CGD 13-01-004 and are available for inspection or
copying at Commander, Thirteenth Coast Guard District (m), Jackson
Federal Building, 915 Second Avenue, Room 3506, Seattle, WA, 98174-1067
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Jane Wong, either
at the above address, or by phone at (206) 220-7224.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 6, 2001 we published a notice of proposed rulemaking
(NPRM) entitled Modification to Special Local Regulation (SLR) for
Seattle Seafair Unlimited Hydroplane Race in the Federal Register (66
FR 18219). We received no letters commenting on the proposed rule. No
public hearing was requested, and none was held.
Background and Purpose
For more than 50 years the Seafair hydroplane races and air show on
and over Lake Washington have been a Pacific Northwest tradition,
entertaining millions of people over that period. However, these
entertaining events involve risks to both spectators and participants.
During the hydroplane races and air show, the marine congestion
associated with the number of boats, swimmers, and spectators on shore
challenges even the most experienced seaman. There is an inherent risk
of a participating boat or plane losing control or crashing. This
potentially violent and deadly scenario necessitates the maintenance of
a regulated area to protect spectators while providing unobstructed
vessel traffic lanes to ensure timely arrival of emergency response
craft.
The Seafair SLR contained in 33 CFR 100.1301 has been in effect
since 1986 and allows the regulations to be effective within a two-week
time period. We are now expanding this to a three-week period. We are
also adding language to address the hazards associated with swimmers
and rafting of vessels, which are not included in 33 CFR 100.1301.
Discussion of Comments and Changes
No comments were received in connection with this rulemaking. No
changes have been made to the proposed rule.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040,
February 26, 1979).
We expect any economic impact as a result of this regulation to be
so minimal that a full Regulatory Evaluation under paragraph 10(e) of
the regulatory policies and procedures of DOT is unnecessary. This
rulemaking slightly modifies existing safety regulations, and should
not effect the economic activities of any Seafair participant or
spectator.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
(1) Small entities this rule may affect include owners and
operators of vessels, including small passenger vessels, intending to
transit or anchor in a portion of Lake Washington during the event.
(2) This regulation will not have a significant economic impact on
these small entities because there will be no substantial change from
the way vessel operations have been running in years past. Because
these regulations are aimed at recreational vessels, commercial vessels
will not be impacted.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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 LT P. M. Stocklin, Jr. at Marine
Safety Office Puget Sound, Waterways Management Branch, (206) 217-6237.
Small businesses may send comments on the actions of Federal
employees
[[Page 34822]]
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 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 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. It has not been designated as a significant energy action by
the Administrator of the Office of Information and Regulatory Affairs.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph (34) (h), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. This rule makes minor changes to the
existing 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
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. Revise Sec. 100.1301 to read as follows:
Sec. 100.1301 Seattle seafair unlimited hydroplane race.
(a) This section is in effect annually during the last week in July
and the first two weeks of August from 8 a.m until 8 p.m. Pacific
Daylight Time, as published in the Local Notice of Mariners. The event
will be one week or less in duration. The specific dates during this
time frame will be published in the Local Notice to Mariners.
(b) The area where the Coast Guard will restrict general navigation
by this regulation during the hours it is in effect is: 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.
(c) The area described in paragraph (b) of this section has been
divided into two zones. The zones are separated by a line perpendicular
from the I-90 Bridge to the northwest corner of the East log boom and a
line extending from the southeast corner of the East log boom to the
southeast corner of the hydroplane race course and then to the
northerly tip of Ohlers Island in Andrews Bay. The western zone is
designated Zone I, the eastern zone, Zone II. (Refer to NOAA Chart
18447).
(d) The Coast Guard will maintain a patrol consisting of Coast
Guard vessels, assisted by Auxiliary Coast Guard vessels, in Zone II.
The Coast Guard patrol of this area is under the direction of the Coast
Guard Patrol Commander (the ``Patrol Commander''). The Patrol Commander
is empowered to control the movement of vessels on the racecourse and
in the adjoining waters during the periods this regulation is in
effect. The Patrol Commander may be assisted by other federal, state
and local law enforcement agencies.
(e) Only authorized vessels may be allowed to enter Zone I during
the hours this regulation is in effect. Vessels in the vicinity of Zone
I shall maneuver and anchor as directed by Coast Guard Officers or
Petty Officers.
(f) During the times in which the regulation is in effect,
swimming, wading, or otherwise entering the water in Zone I by any
person is prohibited while hydroplane boats are on the racecourse. At
other times in Zone I, any person entering the water from the shoreline
shall remain west of the swim line, denoted by buoys, and any person
entering the water from the log boom shall remain within ten (10) feet
of the log boom.
(g) During the times in which the regulation is in effect, any
person swimming or otherwise entering the water in Zone II shall remain
within ten (10) feet of a vessel.
(h) During the times this regulation is in effect, rafting to a log
boom will be limited to groups of three vessels.
[[Page 34823]]
(i) During the times this regulation is in effect, up to six (6)
vessels may raft together in Zone II if none of the vessels are secured
to a log boom.
(j) During the times this regulation is in effect, only vessels
authorized by the Patrol Commander, other law enforcement agencies or
event sponsors shall be permitted to tow other watercraft or inflatable
devices.
(k) Vessels proceeding in either Zone I or Zone II during the hours
this regulation is in effect shall do so only at speeds which will
create minimum wake, seven (07) miles per hour or less. This maximum
speed may be reduced at the discretion of the Patrol Commander.
(l) Upon completion of the daily racing activities, all vessels
leaving either Zone I or Zone II shall proceed at speeds of seven (07)
miles per hour or less. The maximum speed may be reduced at the
discretion of the Patrol Commander.
(m) A succession of sharp, short signals by whistle or horn from
vessels patrolling the areas under the direction of the Patrol
Commander shall serve as signal to stop. Vessels signaled shall stop
and shall 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. The Coast Guard may be assisted by other federal, state and
local law enforcement agencies, as well as official Seafair event
craft.
Dated: June 13, 2001.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth District.
[FR Doc. 01-16484 Filed 6-29-01; 8:45 am]
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