Special Local Regulations, Seattle Seafair, Lake Washington, WA, 44210-44213 [E6-12582]
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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Rules and Regulations
attorney fees and other expenses to
eligible individuals and entities who are
parties to certain administrative
proceedings (called ‘‘adversary
adjudications’’) before this Commission.
An eligible party may receive an award
when it prevails over the U.S.
Department of Labor, Mine Safety and
Health Administration (‘‘MSHA’’),
unless the Secretary of Labor’s position
in the proceeding was substantially
justified or special circumstances make
an award unjust. In addition to the
foregoing ground of recovery, a nonprevailing eligible party may receive an
award if the demand of the Secretary is
substantially in excess of the decision of
the Commission and unreasonable,
unless the applicant party has
committed a willful violation of law or
otherwise acted in bad faith, or special
circumstances make an award unjust.
The rules in this part describe the
parties eligible for each type of award.
They also explain how to apply for
awards, and the procedures and
standards that this Commission will use
to make the awards. In addition to the
rules in this part, the Commission’s
general rules of procedure, part 2700 of
this chapter, apply where appropriate.
I 27. Section 2704.104 is amended by
removing paragraph (b)(2), redesignating
paragraphs (b)(3) and (b)(4) as
paragraphs (b)(2) and (b)(3), and
revising paragraph (c) to read as follows:
§ 2704.104
Eligibility of applicants.
*
*
*
*
*
(c) For the purposes of awards for
non-prevailing parties under
§ 2704.105(b), eligible applicants are
small entities as defined in 5 U.S.C. 601,
subject to the annual-receipts and
number-of-employees standards as set
forth by the Small Business
Administration at 13 CFR part 121.
*
*
*
*
*
I 28. Section 2704.105 is amended by
revising paragraph (b) introductory text
to read as follows:
§ 2704.105
Standards for awards.
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*
*
*
*
*
(b) If the demand of the Secretary is
substantially in excess of the decision of
the Commission and is unreasonable
when compared with such decision,
under the facts and circumstances of the
case, the Commission shall award to an
eligible applicant who does not prevail
the fees and expenses related to
defending against the excessive
demand, unless the applicant has
committed a willful violation of law or
otherwise acted in bad faith or special
circumstances make an award unjust.
The burden of proof is on the applicant
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to establish that the Secretary’s demand
is substantially in excess of the
Commission’s decision; the Secretary
may avoid an award by establishing that
the demand is not unreasonable when
compared to that decision. As used in
this section, ‘‘demand’’ means the
express demand of the Secretary which
led to the adversary adjudication, but
does not include a recitation by the
Secretary of the maximum statutory
penalty—
*
*
*
*
*
29. Section 2704.206 is amended by
revising the second sentence of
paragraph (a) and paragraph (c) to read
as follows:
I
§ 2704.206
filed.
When an application may be
(a) * * * An application may also be
filed by a non-prevailing party when a
demand by the Secretary is substantially
in excess of the decision of the
Commission and is unreasonable when
compared with such decision. * * *
*
*
*
*
*
(c) For purposes of this part, final
disposition before the Commission
means the date on which a decision or
order disposing of the merits of the
proceeding or any other complete
resolution of the proceeding, such as a
settlement or voluntary dismissal,
becomes final (pursuant to sections
105(d) and 113(d) of the Mine Act (30
U.S.C. 815(d) and 823(d)) and
unappealable, both within the
Commission and to the courts (pursuant
to section 106(a) of the Mine Act (30
U.S.C. 816(a)).
30. Section 2704.302 is amended by
revising the second sentence of
paragraph (a) to read as follows:
I
§ 2704.302
Answer to application.
(a) * * * Unless counsel requests an
extension of time for filing, files a
statement of intent to negotiate under
paragraph (b), or a proceeding is stayed
pursuant to § 206(b), failure to file an
answer within the 30-day period may be
treated as a consent to the award
requested.
*
*
*
*
*
PART 2705—PRIVACY ACT
IMPLEMENTATION
31. The authority citation for part
2705 continues to read as follows:
I
Authority: 5 U.S.C. 552a; Public Law 93–
579, 88 Stat. 1896.
32. Section 2705.1 is amended by
republishing the introductory text and
revising paragraph (a) to read as follows:
I
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§ 2705.1
Purpose and scope.
The purposes of these regulations are
to:
(a) Establish a procedure by which an
individual can determine if the Federal
Mine Safety and Health Review
Commission, hereafter the
‘‘Commission,’’ maintains a system of
records which includes a record
pertaining to the individual. This does
not include Commission files generated
in adversary proceedings under the
Federal Mine Safety and Health Act;
and
*
*
*
*
*
Dated: July 28, 2006.
Michael F. Duffy,
Chairman, Federal Mine Safety and Health
Review Commission.
[FR Doc. 06–6642 Filed 8–3–06; 8:45 am]
BILLING CODE 6735–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD13–06–038]
RIN 1625–AA08
Special Local Regulations, Seattle
Seafair, Lake Washington, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations (SLR) for the Seattle Seafair,
Lake Washington, Washington. These
special local regulations limit the
movement of non-participating vessels
in the regulated race area and provide
for a viewing area for spectator craft.
This rule is needed to provide for the
safety of life on navigable waters during
Seafair. The rule adds four hours to the
effective time period of the existing SLR
to accommodate the addition of a
fireworks display in this year’s Seafair.
DATES: This rule is effective from 8 p.m.
(PDT) until 11:59 p.m. (PDT) on August
5, 2006 unless sooner cancelled by the
Captain of the Port.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [CGD13–06–
038] and are available for inspection or
copying at the Waterways Management
Division, Coast Guard Sector Seattle,
1519 Alaskan Way South, Seattle, WA
98134, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
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FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Jessica Hagen,
c/o Captain of the Port Puget Sound,
1519 Alaskan Way South, Seattle,
Washington 98134, (206) 217–6200.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. The Coast Guard was not
notified about the fireworks show until
July 19, 2006. Under 5 U.S.C. 553(b)(B)
and 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for not
publishing a NPRM and for making this
rule effective less than 30 days after
publication in the Federal Register.
Publishing a NPRM would be contrary
to public interest since immediate
action is necessary to ensure the safety
of commercial and recreational vessels
in the vicinity of the fireworks on the
date and times this rule will be in effect.
If normal notice and comment
procedures were followed, this rule
would not become effective until after
the date of the event.
On July 2, 2001, the Coast Guard
published a final rule (66 FR 34822)
modifying the regulations in 33 CFR
100.1301 for the safe execution of the
Seattle Seafair Unlimited Hydroplane
races on the waters of Lake Washington.
This SLR provides for a regulated area
to protect spectators while providing
unobstructed vessel traffic lanes to
ensure timely arrival of emergency
response craft. Movements are regulated
for all vessels in the area as described
under 33 CFR 100.1301 or unless
otherwise regulated by the COTP or his
designee. This temporary final rule is
required to increase the length of time
affected by the regulation.
Background and Purpose
For more than 50 years Seafair on
Lake Washington has been a Pacific
Northwest tradition, entertaining
millions of people over that period.
However, this entertaining event
involves risks to both spectators and
participants. During Seafair, the marine
congestion associated with the number
of boats, swimmers, and spectators on
shore challenges even the most
experienced seaman. These conditions
necessitate the maintenance of a
regulated area to protect spectators
while providing unobstructed vessel
traffic lanes to ensure timely arrival of
emergency response craft.
The Coast Guard is establishing
special local regulations to provide for
the safety of boaters during a fireworks
display. The Coast Guard is establishing
these regulations to protect vessels and
persons from the hazards associated
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with the fallout of burning embers that
will be generated by the fireworks. The
regulated area is also intended to protect
boaters from the hazards associated with
excessive vessel congestion associated
with Seafair’s activities.
Discussion of Rule
This rule will control the movement
of all vessels in a regulated area on Lake
Washington as indicated in section 2 of
this Temporary Final Rule. This rule
adds four hours to the effective time
period of the existing SLR to
accommodate the addition of a
fireworks display for this year’s Seafair.
The Coast Guard, through this action,
intends to promote the safety of
personnel and vessels in the area. The
regulated areas will be enforced by the
U.S. Coast Guard. The Captain of the
Port may be assisted in the enforcement
of the regulations by other federal, state,
or local agencies.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, 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 Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This change
slightly modifies existing safety
regulations, and should not effect the
economic activities of any Seafair
participant or spectator. The regulation
is established for the benefit and safety
of the recreational boating public, and
any negative recreational boating impact
is offset by the benefits of allowing the
fireworks event to occur. This rule is
effective from 8 p.m. until 11:59 p.m. on
August 5, 2006. For the above reasons,
the Coast Guard does not anticipate any
significant economic impact.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), the Coast Guard
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
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governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this temporary rule
will not have a significant economic
impact on a substantial number of small
entities. This rule will affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to transit
this portion of Lake Washington during
the time this regulation is in effect. The
regulations will not have a significant
economic impact due to its short
duration and the limited area of
enforcement.
Assistance for Small Entities
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 so that they can
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 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
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 would call 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 Executive Order 13132
and have determined that this rule does
not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Rules and Regulations
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a State, local, or tribal
government or the private sector to
incur direct costs without the Federal
Government’s having first provided the
funds to pay those costs. This rule
would not impose an unfunded
mandate.
Taking of Private Property
This rule would 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.
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Indian Tribal Governments
The Coast Guard recognizes the rights
of Native American Tribes under the
Stevens Treaties. Moreover, the Coast
Guard is committed to working with
Tribal Governments to implement local
policies to mitigate tribal concerns. We
have determined that safety zones and
fishing rights protection need not be
incompatible. We have also determined
that this Temporary Final 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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Temporary Final Rule or options for
compliance are encouraged to contact
the point of contact listed under FOR
FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
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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. The administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Under
figure 2–1, paragraph (34)(h), of the
Instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
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 amends part
100 of Title 33, Code of Federal
Regulations, as follows:
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. From 8 p.m. until 11:59 p.m. on
August 5, 2006, a temporary § 100.T13–
023 is added to read as follows:
I
§ 100.T13–023 Special Local Regulations,
Seattle Seafair, Lake Washington, WA.
(a) This section is in effect from 8
p.m. until 11:59 p.m. on August 5, 2006
unless sooner cancelled by the Captain
of the Port.
(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 period 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.
(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.
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(h) During the times this regulation is
in effect, rafting to a log boom will be
limited to groups of three vessels.
(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 permitted to proceed
through 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.
power boat race held annually each
Labor Day weekend on the waters of the
Susquehanna River adjacent to Port
Deposit, Maryland. These special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to restrict vessel traffic in
portions of the Susquehanna River
adjacent to Port Deposit, Maryland
during the power boat race.
DATES: This rule is effective August 21,
2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD05–06–
042) and are available for inspection or
copying at Commander (dpi), Fifth
Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager,
Inspections and Investigations Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Coast Guard
On May 4, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Susquehanna River, Port
Deposit, MD in the Federal Register (71
FR 26287). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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. Any delay encountered in this
regulation’s effective date would be
contrary to the public interest since the
safety zone is needed to prevent traffic
from transiting a portion of the
Susquehanna River during the marine
event thus ensuring that the maritime
public is protected from any potential
harm associated with such an event.
33 CFR Part 100
Background and Purpose
[CGD05–06–042]
Annually, during Labor Day weekend,
the Port Deposit, Maryland Chamber of
Commerce sponsors the ‘‘Ragin’ on the
River’’ power boat race, on the waters of
the Susquehanna River. The event
consists of approximately 60 inboard
hydroplanes and runabouts racing in
heats counter-clockwise around an oval
racecourse. A fleet of spectator vessels
gather nearby to view the competition.
Due to the need for vessel control
during the event, vessel traffic will be
temporarily restricted to provide for the
Dated: July 26, 2006.
R. Houck,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. E6–12582 Filed 8–3–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA08
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Special Local Regulations for Marine
Events; Susquehanna River, Port
Deposit, MD
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing permanent special local
regulations for ‘‘Ragin’ on the River’’, a
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44213
safety of participants, spectators and
transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Susquehanna
River, Port Deposit, Maryland.
The event enforcement time was
adjusted to start 1 hour earlier than
what was indicated in the NPRM.
Enforcement of this section was
changed from 11:30 a.m. to 10:30 a.m to
allow the Coast Guard Patrol
Commander ample time to clear the
regulated area prior to the event.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, 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 Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this regulation prevents
traffic from transiting a portion of the
Susquehanna River adjacent to Port
Deposit, Maryland during the event, the
effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via marine information
broadcasts, area newspapers and radio
stations so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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
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]]>Agencies
[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Rules and Regulations]
[Pages 44210-44213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12582]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-06-038]
RIN 1625-AA08
Special Local Regulations, Seattle Seafair, Lake Washington, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations (SLR) for the Seattle Seafair, Lake Washington, Washington.
These special local regulations limit the movement of non-participating
vessels in the regulated race area and provide for a viewing area for
spectator craft. This rule is needed to provide for the safety of life
on navigable waters during Seafair. The rule adds four hours to the
effective time period of the existing SLR to accommodate the addition
of a fireworks display in this year's Seafair.
DATES: This rule is effective from 8 p.m. (PDT) until 11:59 p.m. (PDT)
on August 5, 2006 unless sooner cancelled by the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD13-06-038] and are available for
inspection or copying at the Waterways Management Division, Coast Guard
Sector Seattle, 1519 Alaskan Way South, Seattle, WA 98134, between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
[[Page 44211]]
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen,
c/o Captain of the Port Puget Sound, 1519 Alaskan Way South, Seattle,
Washington 98134, (206) 217-6200.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard was not notified about the fireworks show
until July 19, 2006. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause exists for not publishing a NPRM
and for making this rule effective less than 30 days after publication
in the Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
commercial and recreational vessels in the vicinity of the fireworks on
the date and times this rule will be in effect. If normal notice and
comment procedures were followed, this rule would not become effective
until after the date of the event.
On July 2, 2001, the Coast Guard published a final rule (66 FR
34822) modifying the regulations in 33 CFR 100.1301 for the safe
execution of the Seattle Seafair Unlimited Hydroplane races on the
waters of Lake Washington. This SLR provides for a regulated area to
protect spectators while providing unobstructed vessel traffic lanes to
ensure timely arrival of emergency response craft. Movements are
regulated for all vessels in the area as described under 33 CFR
100.1301 or unless otherwise regulated by the COTP or his designee.
This temporary final rule is required to increase the length of time
affected by the regulation.
Background and Purpose
For more than 50 years Seafair on Lake Washington has been a
Pacific Northwest tradition, entertaining millions of people over that
period. However, this entertaining event involves risks to both
spectators and participants. During Seafair, the marine congestion
associated with the number of boats, swimmers, and spectators on shore
challenges even the most experienced seaman. These conditions
necessitate the maintenance of a regulated area to protect spectators
while providing unobstructed vessel traffic lanes to ensure timely
arrival of emergency response craft.
The Coast Guard is establishing special local regulations to
provide for the safety of boaters during a fireworks display. The Coast
Guard is establishing these regulations to protect vessels and persons
from the hazards associated with the fallout of burning embers that
will be generated by the fireworks. The regulated area is also intended
to protect boaters from the hazards associated with excessive vessel
congestion associated with Seafair's activities.
Discussion of Rule
This rule will control the movement of all vessels in a regulated
area on Lake Washington as indicated in section 2 of this Temporary
Final Rule. This rule adds four hours to the effective time period of
the existing SLR to accommodate the addition of a fireworks display for
this year's Seafair.
The Coast Guard, through this action, intends to promote the safety
of personnel and vessels in the area. The regulated areas will be
enforced by the U.S. Coast Guard. The Captain of the Port may be
assisted in the enforcement of the regulations by other federal, state,
or local agencies.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This change slightly modifies existing safety
regulations, and should not effect the economic activities of any
Seafair participant or spectator. The regulation is established for the
benefit and safety of the recreational boating public, and any negative
recreational boating impact is offset by the benefits of allowing the
fireworks event to occur. This rule is effective from 8 p.m. until
11:59 p.m. on August 5, 2006. For the above reasons, the Coast Guard
does not anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard 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 temporary
rule will not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit this portion of Lake Washington during the time
this regulation is in effect. The regulations will not have a
significant economic impact due to its short duration and the limited
area of enforcement.
Assistance for Small Entities
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 so that they can 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 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 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 would call 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
Executive Order 13132 and have determined that this rule does not have
implications for federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs
[[Page 44212]]
the issuance of Federal regulations that require unfunded mandates. An
unfunded mandate is a regulation that requires a State, local, or
tribal government or the private sector to incur direct costs without
the Federal Government's having first provided the funds to pay those
costs. This rule would not impose an unfunded mandate.
Taking of Private Property
This rule would 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
The Coast Guard recognizes the rights of Native American Tribes
under the Stevens Treaties. Moreover, the Coast Guard is committed to
working with Tribal Governments to implement local policies to mitigate
tribal concerns. We have determined that safety zones and fishing
rights protection need not be incompatible. We have also determined
that this Temporary Final 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.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this Temporary Final Rule or options for compliance are
encouraged to contact the point of contact listed under FOR FURTHER
INFORMATION CONTACT.
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. The administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (34)(h), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends part
100 of Title 33, Code of Federal Regulations, 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; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 8 p.m. until 11:59 p.m. on August 5, 2006, a temporary Sec.
100.T13-023 is added to read as follows:
Sec. 100.T13-023 Special Local Regulations, Seattle Seafair, Lake
Washington, WA.
(a) This section is in effect from 8 p.m. until 11:59 p.m. on
August 5, 2006 unless sooner cancelled by the Captain of the Port.
(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 period 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.
(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.
[[Page 44213]]
(h) During the times this regulation is in effect, rafting to a log
boom will be limited to groups of three vessels.
(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 permitted to proceed through 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: July 26, 2006.
R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E6-12582 Filed 8-3-06; 8:45 am]
BILLING CODE 4910-15-P
