Special Local Regulation; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA, 30825-30827 [2011-13172]
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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:
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15:21 May 26, 2011
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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 https://
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
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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
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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.
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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
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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
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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 https://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:
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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
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]]>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
https://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
