[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16709-16711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9430]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD13-95-003]
Special Local Regulations; Annual National Maritime Week Tugboat
Races, Elliott Bay, Seattle, WA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adopting permanent special local
regulations for the annual National Maritime Week Tugboat Races in
Seattle, Washington. This event is held each year on the third Saturday
in May on the waters of Elliott Bay. In the past, the Coast Guard has
established a safety zone each year to
[[Page 16710]]
protect the safety of life on the navigable waters during this event.
However, because the event recurs annually, the Coast Guard has
established a permanent regulation in the Code of Federal Regulations
(CFR) to better inform the boating public.
EFFECTIVE DATE: This rule is effective on May 17, 1996.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at U.S. Coast Guard
Group Seattle, Operations Division, Building One, Room 130, 1519
Alaskan Way So., Seattle, WA. Normal office hours are between 7 a.m.
and 4 p.m. Monday through Friday, except Federal holidays. The
telephone number is (206) 217-6138.
FOR FURTHER INFORMATION CONTACT:
LT Ben White, Assistant Operations Officer, U.S. Coast Guard Group
Seattle, (206) 217-6138.
SUPPLEMENTARY INFORMATION:
Regulatory History
On January 17, 1996, the Coast Guard published a notice of proposed
rulemaking entitled Special Local Regulations; Annual National Maritime
Week Tugboat Races, Elliott Bay, Seattle, WA, in the Federal Register
(61 FR 1182). The Coast Guard received no letters commenting on the
proposal. No public hearing was requested, and none was held.
Background and Purpose
The Coast Guard is adopting permanent local regulations for the
annual National Maritime Week Tugboat Races in Seattle, Washington.
This event is held on the waters of Elliott Bay each year from 12 p.m.
to 4:30 p.m. on the third Saturday in May. In the past, the Coast Guard
has established a safety zone each year to protect the safety of life
on the navigable waters during the event. However, because the event
recurs annually, the Coast Guard has adopted a permanent description of
the event and permanent regulations in the Code of Federal Regulations
(CFR) to better inform the boating public. The Coast Guard, through
this action, intends to promote the safety of spectators and
participants in this event. The Tug Boat Races are sponsored by the
Seattle Maritime Week Committee as part of the Seattle Maritime Week
celebration. This one day event has been held in Elliott Bay for the
last ten years. The race attracts a large number of spectator craft
which gather on the waters near the race course. To promote the safety
of both the spectators and participants, the special local regulations
establish a regulated area and prohibit entry into this area during the
event. These special local regulations will be enforced by
representatives of the Captain of the Port, Puget Sound, Seattle,
Washington. The Captain of the Port may be assisted by other federal
agencies.
Discussion of Comments and Changes
No comments were received and no changes were made to the proposal.
The special local regulations are being adopted as proposed.
Regulatory Evaluation
This is not a significant 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. It has been exempted from
review by the Office of Management and Budget 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).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because the impacts of this rule are expected to be
minimal, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will
not have a significant impact on a substantial number of small
entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a federalism assessment.
Environment
The Coast Guard considered the environmental impact of this
regulation and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this
regulation is categorically excluded from further environmental
documentation. Appropriate environmental analysis of the National
Maritime Week Tugboat Race will be conducted in conjunction with the
marine event permitting process each year. Any environmental
documentation required under the National Environmental Policy Act will
be completed prior to the issuance of a marine event permit for this
event.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulations
For the reasons set out in the preamble, the Coast Guard amends
Part 100 of Title 33, Code of Federal Regulations, as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A new Sec. 100.1306 is added to read as follows:
Sec. 100.1306 National Maritime Week Tugboat Races, Seattle, WA.
(a) Regulated Area. A regulated area is established on that portion
of Elliott Bay along the Seattle waterfront in Puget Sound bounded by a
line beginning at: 47 deg. 37' 36'' N, 122 deg. 22' 42'' W; thence to
47 deg. 37' 24.5'' N, 122 deg. 22' 58.5'' W; thence to 47 deg. 36' 08''
N, 122 deg. 20' 53'' W; thence to 47 deg. 36' 21'' N, 122 deg. 20' 31''
W; thence returning to the origin. This regulated area resembles a
rectangle measuring approximately 3,900 yards along the shoreline
between Pier 57 and Pier 89, and extending approximately 650 yards into
Elliott Bay. Temporary floating markers will be placed by the race
sponsors to delineate the regulated area. [Datum: NAD 1983]
(b) Special Local Regulations. (1) No person or vessel may enter or
remain in the regulated area except for participants in the event,
supporting personnel, vessels registered with the event organizer, and
personnel or vessels authorized by the Coast Guard Patrol Commander.
(2) When deemed appropriate, the Coast Guard may establish a patrol
consisting of active and auxiliary Coast Guard vessels and personnel in
the area described in paragraph (a) of this section. The patrol shall
be under the direction of a Coast Guard officer or petty officer
designated by the Captain of the Port as the Coast Guard Patrol
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Commander. The Patrol Commander may forbid and control the movement of
vessels in the area described in paragraph (a) of this section.
(3) A succession of sharp, short blasts from whistle or horn from
vessels patrolling the area under the direction of the Patrol Commander
shall serve as a signal to stop. Vessels signaled shall 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.
(c) Effective dates. This section is effective annually on the
third Saturday of May from 12 p.m. to 4:30 p.m. unless otherwise
specified by Federal Register notice.
Dated: March 29, 1996.
John W. Lockwood,
U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 96-9430 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
