Special Local Regulation; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA, 30825-30827 [2011-13172]

Download as PDF Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations area bounded by the following lines of reference; bounded on the west by a line running along longitude 076°35′35″ W; bounded on the east by a line running along longitude 076°35′10″ W; bounded on the north by a line running along latitude 39°16′40″ N; and bounded on the south by the shoreline. All coordinates reference Datum NAD 1983. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations. (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must: (i) Stop the vessel immediately when directed to do so by the Coast Guard Patrol Commander or any Official Patrol. (ii) Proceed as directed by the Coast Guard Patrol Commander or any Official Patrol. (d) Enforcement period. This section will be enforced from 6 a.m. until 6 p.m. on June 25, 2011, or in the case of inclement weather, from 6 a.m. to 6 p.m. on June 26, 2011. The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue marine information broadcast on VHF–FM marine band radio announcing specific event date and times. Dated: May 13, 2011. Mark P. O’Malley, Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland. [FR Doc. 2011–13178 Filed 5–26–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2010–1024] jdjones on DSK8KYBLC1PROD with RULES RIN 1625–AA08 Special Local Regulation; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA Coast Guard, DHS. ACTION: Final rule. AGENCY: VerDate Mar<15>2010 15:21 May 26, 2011 Jkt 223001 The Coast Guard is establishing a special local regulation to enable vessel movement restrictions within the navigation channel and an area extending north of the channel in Budd Inlet, WA during the annual Olympia Harbor Days tug boat races. This action is necessary to restrict vessel movement within the specified race area immediately prior to, during, and immediately after racing activity in order to ensure the safety of participants, spectators and the maritime public. Entry into, transit through, mooring or anchoring within the specified race area is prohibited unless authorized by the Captain of the Port, Puget Sound or Designated Representatives. DATES: This rule is effective June 27, 2011. For 2011, this regulation will be enforced on September 4, 2011 from 12 noon to 8 p.m. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2010–1024 and are available online by going to http:// www.regulations.gov, inserting USCG– 2010–1024 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket Management Facility (M– 30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail LTJG Ian S. Hanna, Sector Puget Sound, Waterways Management Division, Coast Guard; telephone 206– 217–6175, e-mail SectorPugetSoundWWM@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: Regulatory Information On Monday, January 10, 2011, we published a notice of proposed rulemaking (NPRM) entitled Special Local Regulation; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA in the Federal Register (76 FR 006). We did not receive any comments on the proposed rule. We did not receive any requests for a public meeting and a public meeting was not held. Basis and Purpose The Coast Guard is establishing a special local regulation to enable vessel PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 30825 movement restrictions within the navigation channel and an area extending north of the channel in Budd Inlet, WA during the annual Olympia Harbor Days tug boat races. Tug boat races typically result in vessel and spectator congestion in the proximity of the race course. The draft of these vessels creates a large wake when accelerating at fast speeds such as during races. Vessel movement restrictions are necessary to ensure spectators remain an adequate distance from the specified race area thereby providing unencumbered access for emergency response craft in the event of a race-related emergency. This rule establishes a specified race area and ensures the safety of this marine event by prohibiting persons and vessel operators from entering, transiting or remaining within the designated race zone during times of enforcement. Background Olympia Harbor Days is an annual tug boat race in Budd Inlet, WA involving different classes of tug boat races. Each class of vessel will compete in a heat which will take place within the navigation channel. This rule creates a special local regulation to restrict vessel movement within the race area to include the navigational channel and an area extending north of the channel in Budd Inlet, WA during each heat of racing. The event sponsor and event sponsor patrol craft located at the extremities of this race area will delineate the boundaries of the specified race area. The event sponsor will assist the COTP in informing the maritime public of vessel movement restrictions in the specified race area during this annual event. Discussion of Comments and Changes The notice of proposed rulemaking for this rule did not receive any comments. Paragraph (d) was changed slightly to clarify the nature of the restriction; that the regulated area is only enforced at times announced in the Federal Register by the Captain of the Port. Initial Enforcement The Coast Guard will enforce the special local regulation in 33 CFR 100.1309 from 12 noon to 8 p.m. on September 4, 2011. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. E:\FR\FM\27MYR1.SGM 27MYR1 30826 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule is not a significant regulatory action because it is located in an isolated area, short in duration and vessels will be able to transit the navigation channel between heats of racing. 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 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 zone during periods of enforcement. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be enforced for a short duration and vessels will be able to navigate the channel between heats with the permission of the on-scene patrol commander (the event sponsor). jdjones on DSK8KYBLC1PROD with RULES Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM 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. 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 VerDate Mar<15>2010 15:21 May 26, 2011 Jkt 223001 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). 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. 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 (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. Taking of Private Property This rule will not cause 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 create an environmental risk to health or risk to safety that may disproportionately affect children. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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. 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 Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g.) of the Instruction. This rule involves tug boat racing by various classes of tugboats in Budd Inlet, WA. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. the Federal Register. Additional information may be available through Broadcast Notice to Mariners and Local Notice to Mariners. Dated: May 11, 2011. G.T. Blore, Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard District. [FR Doc. 2011–13172 Filed 5–26–11; 8:45 am] BILLING CODE 9110–04–P 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 33 CFR part 100 as follows: DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS [Docket No. USCG–2011–0392] 1. The authority citation for part 100 continues to read as follows: Temporary Change of Dates for Recurring Marine Event in the Fifth Coast Guard District; Elizabeth River, Norfolk, VA RIN 1625–AA08 ■ Authority: 33 U.S.C. 1233. ■ 2. Add § 100.1309 to read as follows: jdjones on DSK8KYBLC1PROD with RULES ACTION: (a) Regulated area. The following area is specified as a race area: All waters of Budd Inlet, WA the width of the navigation channel south of a line connecting the following points: 47°05.530′ N, 122°55.844′ W and 47°05.528′ N, 122°55.680′ W until reaching the northernmost end of the navigation channel at a line connecting the following points: 47°05.108′ N, 122°55.799′ W and 47°05.131′ N, 122°55.659′ W then southeasterly until reaching the southernmost entrance of the navigation channel at a line connecting the following points: 47°03.946′ N, 122°54.577′ W, 47°04.004′ N, 122°54.471′ W. (b) Regulations. In accordance with the general regulations in 33 CFR part 100, the regulated area shall be closed immediately prior to, during and immediately after the event to all persons and vessels not participating in the event and authorized by the event sponsor. (c) Authorization. All persons or vessels who desire to enter the designated race area created in this section while it is enforced must obtain permission from the on-scene patrol craft on VHF Ch 13. (d) Notice of enforcement dates. This Special Local Regulation will only be enforced during times announced by the Captain of the Port. The Captain of the Port will provide notice of the enforcement of this special local regulation by Notice of Enforcement in VerDate Mar<15>2010 15:21 May 26, 2011 Jkt 223001 Coast Guard, DHS. Temporary final rule. AGENCY: § 100.1309 Special Local Regulation; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA. The Coast Guard will temporarily change the enforcement period of special local regulations for recurring marine events in the Fifth Coast Guard District. This regulation apply to only one recurring marine event that conducts various river boat races and a parade during the ‘‘35th Annual Norfolk Harborfest Celebration.’’ 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 Southern Branch, Elizabeth River, VA during the event. DATES: This rule is effective from June 10, 2011 until June 12, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0392 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0392 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail MST1 Danica Jolly, Waterways Management Division, Sector Hampton Roads, Coast Guard; SUMMARY: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 30827 telephone 757–668–5580, e-mail Danica.A.Jolly@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final 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 delaying the effective date would be contrary to the public interest since immediate action is needed to ensure the public’s safety during the 35th Annual Norfolk Harborfest Celebration. 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 would be contrary to the public interest since immediate action is needed to ensure the public’s safety during 35th Annual Norfolk Harborfest Celebration. Background and Purpose Marine events are frequently held on the navigable waters within the boundary of the Fifth Coast Guard District. The on water activities that typically comprise marine events include sailing regattas, power boat races, swim races and holiday boat parades. For a description of the geographical area of each Coast Guard Sector—Captain of the Port Zone, please see 33 CFR 3.25. This regulation temporarily changes the enforcement period of special local regulations for recurring marine events within the Fifth Coast Guard District. This regulation applies to one marine event found in 33 CFR 100.501, Line 37 of Table to § 100.501. The current enforcement period is June 1, 2, and 3. On June 10, 11, and 12, 2011, Norfolk Festevents Ltd. will sponsor the ‘‘35th Annual Norfolk Harborfest Celebration’’ on the waters of the Southern Branch of the Elizabeth River near Norfolk, Virginia. The regulation at 33 CFR 100.501 is effective annually for this marine event. The event will consist of several boat races and parades on the E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30825-30827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13172]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1024]
RIN 1625-AA08


Special Local Regulation; Olympia Harbor Days Tug Boat Races, 
Budd Inlet, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation to 
enable vessel movement restrictions within the navigation channel and 
an area extending north of the channel in Budd Inlet, WA during the 
annual Olympia Harbor Days tug boat races. This action is necessary to 
restrict vessel movement within the specified race area immediately 
prior to, during, and immediately after racing activity in order to 
ensure the safety of participants, spectators and the maritime public. 
Entry into, transit through, mooring or anchoring within the specified 
race area is prohibited unless authorized by the Captain of the Port, 
Puget Sound or Designated Representatives.

DATES: This rule is effective June 27, 2011. For 2011, this regulation 
will be enforced on September 4, 2011 from 12 noon to 8 p.m.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-1024 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-1024 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail LTJG Ian S. Hanna, Sector Puget Sound, Waterways 
Management Division, Coast Guard; telephone 206-217-6175, e-mail 
SectorPugetSoundWWM@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On Monday, January 10, 2011, we published a notice of proposed 
rulemaking (NPRM) entitled Special Local Regulation; Olympia Harbor 
Days Tug Boat Races, Budd Inlet, WA in the Federal Register (76 FR 
006). We did not receive any comments on the proposed rule. We did not 
receive any requests for a public meeting and a public meeting was not 
held.

Basis and Purpose

    The Coast Guard is establishing a special local regulation to 
enable vessel movement restrictions within the navigation channel and 
an area extending north of the channel in Budd Inlet, WA during the 
annual Olympia Harbor Days tug boat races. Tug boat races typically 
result in vessel and spectator congestion in the proximity of the race 
course. The draft of these vessels creates a large wake when 
accelerating at fast speeds such as during races. Vessel movement 
restrictions are necessary to ensure spectators remain an adequate 
distance from the specified race area thereby providing unencumbered 
access for emergency response craft in the event of a race-related 
emergency. This rule establishes a specified race area and ensures the 
safety of this marine event by prohibiting persons and vessel operators 
from entering, transiting or remaining within the designated race zone 
during times of enforcement.

Background

    Olympia Harbor Days is an annual tug boat race in Budd Inlet, WA 
involving different classes of tug boat races. Each class of vessel 
will compete in a heat which will take place within the navigation 
channel. This rule creates a special local regulation to restrict 
vessel movement within the race area to include the navigational 
channel and an area extending north of the channel in Budd Inlet, WA 
during each heat of racing. The event sponsor and event sponsor patrol 
craft located at the extremities of this race area will delineate the 
boundaries of the specified race area. The event sponsor will assist 
the COTP in informing the maritime public of vessel movement 
restrictions in the specified race area during this annual event.

Discussion of Comments and Changes

    The notice of proposed rulemaking for this rule did not receive any 
comments. Paragraph (d) was changed slightly to clarify the nature of 
the restriction; that the regulated area is only enforced at times 
announced in the Federal Register by the Captain of the Port.

Initial Enforcement

    The Coast Guard will enforce the special local regulation in 33 CFR 
100.1309 from 12 noon to 8 p.m. on September 4, 2011.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

[[Page 30826]]

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders. This rule is not a 
significant regulatory action because it is located in an isolated 
area, short in duration and vessels will be able to transit the 
navigation channel between heats of racing.

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 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 zone during periods of enforcement. This rule will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be enforced for a short 
duration and vessels will be able to navigate the channel between heats 
with the permission of the on-scene patrol commander (the event 
sponsor).

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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). 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.

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 (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.

Taking of Private Property

    This rule will not cause 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 create 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. 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human

[[Page 30827]]

environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g.) of the Instruction. This rule involves tug boat 
racing by various classes of tugboats in Budd Inlet, WA. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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 
33 CFR part 100 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.


0
2. Add Sec.  100.1309 to read as follows:


Sec.  100.1309  Special Local Regulation; Olympia Harbor Days Tug Boat 
Races, Budd Inlet, WA.

    (a) Regulated area. The following area is specified as a race area: 
All waters of Budd Inlet, WA the width of the navigation channel south 
of a line connecting the following points: 47[deg]05.530' N, 
122[deg]55.844' W and 47[deg]05.528' N, 122[deg]55.680' W until 
reaching the northernmost end of the navigation channel at a line 
connecting the following points: 47[deg]05.108' N, 122[deg]55.799' W 
and 47[deg]05.131' N, 122[deg]55.659' W then southeasterly until 
reaching the southernmost entrance of the navigation channel at a line 
connecting the following points: 47[deg]03.946' N, 122[deg]54.577' W, 
47[deg]04.004' N, 122[deg]54.471' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 100, the regulated area shall be closed immediately prior to, 
during and immediately after the event to all persons and vessels not 
participating in the event and authorized by the event sponsor.
    (c) Authorization. All persons or vessels who desire to enter the 
designated race area created in this section while it is enforced must 
obtain permission from the on-scene patrol craft on VHF Ch 13.
    (d) Notice of enforcement dates. This Special Local Regulation will 
only be enforced during times announced by the Captain of the Port. The 
Captain of the Port will provide notice of the enforcement of this 
special local regulation by Notice of Enforcement in the Federal 
Register. Additional information may be available through Broadcast 
Notice to Mariners and Local Notice to Mariners.

    Dated: May 11, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2011-13172 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P