[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)]
[Proposed Rules]
[Pages 1182-1183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-449]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to adopt 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 protect the safety of life on
the navigable waters during this event. However, because the event
recurs annually, the Coast Guard is proposing to adopt a permanent
description of the event and permanent regulations in the Code of
Federal Regulations (CFR) to better inform the boating public.
DATES: Comments must be received on or before March 18, 1996.
ADDRESSES: Comments should be mailed to U.S. Coast Guard Group Seattle,
1519 Alaskan Way So., Seattle, WA 98134. The comments and other
materials referenced in this notice will be available for inspection
and copying at the above address in Building One, Room 130, Operations
Division. Normal office hours are between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Comments may also be hand-
delivered to this address.
FOR FURTHER INFORMATION CONTACT:
LT Ben White, Assistant Operations Officer, U.S. Coast Guard Group
Seattle, (206) 217-6138.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this ruelmaking by submitting written data, views, and arguments.
Persons submitting comments should include their names and addresses,
identify this notice, specify the section of this notice to which each
comment applies, and give the reason for each comment. Two copies of
each comment should be provided in an unbound format. All comments
should on paper no larger than 8\1/2\ by 11 inches and should be
suitable for copying and electronic filing. Persons wanting
acknowledgement of receipt of their comments should enclose stamped,
self-addressed postcards or envelopes.
The proposed regulations may be changed in light of comments
received. All comments received before the expiration of the comment
period will be considered before final action is taken on this
proposal.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the above address. The request should
include the reasons why a hearing would be beneficial. If the Coast
Guard determines that the opportunity for oral presentation will aid
this rulemaking, it will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Drafting Information. The principal persons involved in drafting
this document are LT Ben White, Project Officer, U.S. Coast Guard
Group Seattle, and LCDR John Odell, Project Attorney, Thirteenth
Coast Guard District Legal Office.
Background and Purpose
The Coast Guard proposes to adopt permanent special local
regulations for the annual National Maritime Week Tugboat Races in
Seattle, Washington. This even 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 is
proposing to adopt 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 on 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.
Discussion of Proposed Regulation
To promote the safety of both the spectators and participants, the
proposed special local regulations would 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.
Regulatory Evaluation
This proposal 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).
The Coast Guard expects the economic impact of this proposal to be
so minimal that a full regulatory evaluation under paragraph 10e of the
[[Page 1183]]
regulatory policies and procedures of DOT is unnecessary. The regulated
areas established by the proposed regulation would encompass less than
one square nautical mile on Elliott Bay adjacent to the Seattle
waterfront. Entry into the regulatory area would be restricted for less
than five hours on the day of the event. These restrictions would have
little effect on maritime commerce in the area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will 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 proposal 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 proposal
will not have a significant impact on a substantial number of small
entities.
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 proposal does not have sufficient federalism
implications to warrant the preparation of a federalism assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed regulation and concluded that, under paragraph 2.B.2 of
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29,
1994), this proposed 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.
Proposed Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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 section 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 commencing at latitude 47 deg.37'36.0'' N, longitude
122 deg.22'42.0'' W; thence to latitude 47 deg.37'24.5'' N, longitude
122 deg.22'58.5'' W; thence to latitude 47 deg.36'08.0'' N, longitude
122 deg.20'53.0'' W; thence to latitude 47 deg.36'21.0'' N, longitude
122 deg.20'31.0'' W; thence returning to the origin. This regulated
area resembles a rectangle measuring approximately 3900 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
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. These regulations become 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: December 21, 1995.
John W. Lockwood,
U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 96-449 Filed 1-16-96; 8:45 am]
BILLING CODE 4910-14-M
