Special Local Regulation; Commencement Bay, Tacoma, WA, 27636-27639 [2017-12500]
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Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Chapter II
[Docket No. CPSC–2017–0029]
Request for Information on Potentially
Reducing Regulatory Burdens Without
Harming Consumers
U.S. Consumer Product Safety
Commission.
ACTION: Request for information.
AGENCY:
The Consumer Product Safety
Commission (CPSC, or Commission)
seeks suggestions for ways the
Commission could potentially reduce
burdens and costs of its existing rules,
regulations, or practices without
harming consumers.
DATES: Written comments must be
submitted by September 30, 2017.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2017–
0029 by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email) except through https://
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal as described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Office of the Secretary, U.S.
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
(such as a Social Security Number)
electronically; if furnished at all, such
information should be submitted in
writing.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number Docket No. CPSC–2017–
0029 into the ‘‘Search’’ box, and follow
the prompts.
FOR FURTHER INFORMATION CONTACT:
DeWane Ray, Deputy Executive
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SUMMARY:
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Director, U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; 301–504–7547;
email: jray@cpsc.gov.
SUPPLEMENTARY INFORMATION: CPSC is
an independent regulatory agency
charged with protecting the public from
unreasonable risks of injury or death
associated with the use of the thousands
of types of consumer products under the
agency’s jurisdiction. Deaths, injuries,
and property damage from consumer
product incidents cost the nation more
than $1 trillion annually. CPSC uses a
variety of approaches to achieve its
mission. Among the agency’s tools is
issuing regulations concerning the
safety of consumer products. The
Commission is seeking suggestions from
the public about ways to lessen burdens
and reduce costs of its existing rules,
regulations, or practices without
increasing the risk of deaths or injuries
to consumers. When submitting
suggestions with respect to existing
rules, regulations or practices, the
Commission requests information and
data in support of the suggestion, and
answers to the questions, as appropriate,
listed in Section V.b of the
Commission’s Plan for Retrospective
Review of Existing Rules, available at:
https://www.cpsc.gov/Global/
Regulations-Laws-and-Standards/
Rulemaking/
FINALrulereviewplanAPRIL2016.pdf.
To submit your ideas, please follow
the instructions in the ADDRESSES
section of this document.
Dated: June 12, 2017.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2017–12434 Filed 6–15–17; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0334]
RIN 1625–AA08
Special Local Regulation;
Commencement Bay, Tacoma, WA
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to amend its proposing regarding a
temporary special local regulation for
certain waters of Commencement Bay
SUMMARY:
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Comments and related material
must be received by the Coast Guard on
or before July 3, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0334 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Petty Officer
Zachary Spence, Sector Puget Sound
Waterways Management Branch, U.S.
Coast Guard; telephone 206–217–6051,
email SectorPugetSoundWWM@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
BILLING CODE 6355–01–P
PO 00000
for the 2017 World Water Ski Racing
Championships. This special local
regulation would prohibit nonparticipant persons and vessels from
entering, transiting through, anchoring
in, or remaining within the race area
and prohibits vessels from transiting at
speeds that cause wake within the
spectator area unless authorized by the
Captain of the Port Puget Sound or a
Designated Representative. We invite
your comments on this proposed
rulemaking.
Sfmt 4702
On December 8, 2016, Overload
Productions notified the Coast Guard
that it intends on conducting a high
speed water ski race on Commencement
Bay. Approximately 40 motor boats and
water skiers will be participating in the
races and operating at high speeds with
limited maneuverability, which poses a
significant hazard to race participants
and other boaters. In addition the event
sponsors anticipate a potential small
number of on-water spectators to be
present during the races.
The Coast Guard published a Notice
of Proposed Rulemaking on May 19,
2017 (82 FR 22934), proposing a special
local regulation. We are issuing this
supplemental proposal to amend the
special local regulation to include
August 5, 2017 as a race day, increasing
the size of the race area, and extending
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the comment period to account for these
changes.
The purpose of this rulemaking is to
ensure the safety of vessels and
participants in the race as well as
spectators and the maritime public. The
rulemaking would accomplish this
purpose by establishing two regulated
areas before, during, and after the
scheduled event, one for race
participants, and one for spectators and
the maritime public. Many factors
amplify the potential hazards of the
race, including limited maneuverability
of the race participants, commercial
vessel traffic, and the number of local
recreational and fishing vessels. The
Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
This proposed rule would create a
temporary special local regulation on
certain waters of Commencement Bay in
Tacoma, WA for the 2017 World Water
Ski Racing Championships. This special
local regulation would establish two
separate regulated areas, a race area and
a spectator area. Within the race area, all
persons and vessels, except those
persons and vessels participating in the
high-speed water ski races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within. Within the spectator area, all
vessels are prohibited from anchoring
and are required to transit at the
minimum speed necessary to maintain
course, minimizing vessels wake, unless
authorized by the Captain of the Port
Puget Sound or a Designated
Representative. The regulatory text we
are proposing appears at the end of this
document.
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IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
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harmonizing rules, and of promoting
flexibility. Executive Order 13771
(‘‘Reducing Regulation and Controlling
Regulatory Costs’’), directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this proposed
rule a significant regulatory action
under section 3(f) of Executive Order
12866. Accordingly, OMB has not
reviewed it.
As this proposed rule is not a
significant regulatory action, this rule is
exempt from the requirements of
Executive Order 13771. See OMB’s
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017 titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the Special Local
Regulation. Vessel traffic would be able
to safely transit around race area or
through the spectator area which would
only impact a small designated area of
Commencement Bay for less than nine
hours during the days of event.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
regulated areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
PO 00000
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27637
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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
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more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a special local regulation
lasting for nine hours on each day the
event occurs and would prohibit entry
into the race area and restrict movement
within the spectator area. Normally
such actions are categorically excluded
from further review under section 2.B.2,
and figure 2–1, paragraph 34(h) of the
Instruction. Paragraph 34(h) pertains to
special local regulations issued in
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. A preliminary
Record of Environmental Consideration
(REC) supporting this determination is
available in the docket where indicated
under the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
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We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this SNPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T13–0334 to read as
follows:
■
§ 100.T13–0334 Special Local Regulation;
Commencement Bay, Tacoma, WA
(a) Location. The special local
regulations found in paragraph (c) apply
in the following areas.
(1) Race Area. All waters of
Commencement Bay encompassed
within an imaginary line connecting the
following coordinates: Starting at point
1 in position 47°18′9.6″ N., 122°30′23.6″
W.; thence northeast to Point 2 in
position 47°18′15.2″ N., 122°30′14.4″
W.; thence east to Point 3 in position
47°18′32″ N., 122°28′41.3″ W.; thence
south to Point 4 in position 47°17′32″
N., 122°28′22.4″ W.; thence southwest to
Point 5 in position 47°17′5.5″ N.,
122°29′6.4″ W.; thence northwest back
to origin.
(2) Spectator Area. All waters of
Commencement Bay encompassed
PO 00000
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within an imaginary line connecting the
following points: Starting at Point 1 in
position 47°17′32″ N., 122°28′22.4″ W.;
thence southeast to Point 2 in position
47°17′29.4″ N., 122°28′17.2″ W.; thence
southwest to Point 3 in position
47°17′3″ N., 122°29′01″ W.; thence
northwest to Point 4 in position
47°17′5.5″ N., 122°29′6.4″ W.; thence
northeast back to origin.
(b) Definitions. For the purpose of this
section the following definitions apply:
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Puget Sound
(COTP) in the enforcement of the
regulated areas identified in paragraph
(a)(1) and (a)(2) of this section.
Patrol Vessel means any Coast Guard
vessel, Coast Guard Auxiliary vessel, or
other federal, state or local law
enforcement vessel.
(c) Special Local Regulations.
(1) All persons and vessels, except
those persons and vessels participating
in the high-speed water ski races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area.
(2) All persons and vessels entering,
exiting, or moving within the spectator
area must operate at speeds, which will
create a minimum wake, and will not
exceed seven knots. The maximum
speed may be reduced at the discretion
of the Patrol Commander.
(3) A succession of sharp, short
signals by whistle or horn from a Patrol
Vessel will serve as a signal to stop.
Vessels signaled must stop and comply
with the orders of the Patrol Vessel.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(4) Persons and vessels desiring to
enter, transit through, anchor in, remain
within or transit in excess of wake
speed within any of the regulated areas
must contact the Captain of the Port
Puget Sound by telephone at (206) 217–
6002, or a designated representative via
VHF–FM radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Puget Sound or a
designated representative.
(c) Notice of Enforcement. The Coast
Guard will provide notice of the
enforcement of this Special Local
Regulation by all appropriate means to
ensure the widest dissemination among
the public, as practicable; such means of
notification may include but are not
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limited to, Broadcast Notice to Mariners,
Local Notice to Mariners, and by onscene designated representatives.
(d) Enforcement Period. This rule is
effective from 9 a.m. to 6 p.m. on July
29, 31, and August 2 and 5, 2017, unless
cancelled sooner by the Captain of the
Port Puget Sound.
Dated: June 12, 2017.
D.G. Throop,
Commander, RDML, U.S. Coast Guard,
Thirteenth Coast Guard District.
If
you have questions concerning the
meeting or the proposed rule, please call
or email Mr. Laird Hail, U.S. Coast
Guard Sector Puget Sound; telephone
206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–12500 Filed 6–15–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Background and Purpose
Coast Guard
33 CFR Part 110
[Docket No. USCG–2016–0916]
RIN 1625–AA01
Anchorages; Captain of the Port Puget
Sound Zone, WA; Supplemental Notice
of Tribal Consultation
Coast Guard, DHS.
Notice of location of tribal
consultation.
AGENCY:
ACTION:
On June 1, 2017, the Coast
Guard published a notification of tribal
consultation regarding government to
government consultation on a notice of
proposed rulemaking entitled
‘‘Anchorages; Captain of the Port Puget
Sound Zone, WA.’’ As stated in that
notification, the address of the tribal
consultation was to be determined. The
tribal consultation will take place in
Suquamish, WA. As before, the Coast
Guard encourages all interested tribes to
R.S.V.P. to the formal consultation to be
held on July 13, 2017, and provide
information on which treaty rights are
impacted and how the Coast Guard
should consider these rights in its
rulemaking analysis.
DATES: A formal government to
government consultation is scheduled to
be held on July 13, 2017, from 9 a.m. to
3 p.m. to provide an opportunity for oral
comments. R.S.V.P.s to the consultation
must be submitted by June 30, 2017, to
the person listed below at FOR FURTHER
INFORMATION CONTACT. Written
comments and related material may also
be submitted to Coast Guard personnel
specified at that meeting. The comment
period for the proposed rule closes on
August 9, 2017. All comments and
related material submitted after the
meeting must be received by the Coast
Guard on or before August 9, 2017.
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SUMMARY:
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The consultation will take
place at the Suquamish Tribe’s House of
Awakened Culture, 7235 NE Parkway,
Suquamish, WA 98392.
You may submit written comments
identified by docket number USCG–
2016–0916 using the Federal
eRulemaking Portal at https://
www.regulations.gov.
ADDRESSES:
On June 1, 2017, we published a
notification of tribal consultation (82 FR
25207) related to the notice of proposed
rulemaking (NPRM) titled ‘‘Anchorages;
Captain of the Port Puget Sound Zone,
WA,’’ that we published February 10,
2017 (82 FR 10313). In May 2017 (82 FR
22448, May 16, 2017), we reopened the
comment period on the NPRM, which is
now set to close on August 9, 2017.
In the June 1, 2017 notification, we
identified the scheduled date and time
of the tribal consultation as July 13,
2017, from 9 a.m. to 3 p.m., but we did
not provide the address. We are
publishing this document to provide
you with the location of the tribal
consultation.
You may view the NPRM in our
online docket, in addition to supporting
documents prepared by the Coast
Guard—for example, environmental
checklist, and comments submitted thus
far by going to https://
www.regulations.gov. Once there, insert
‘‘USCG–2016–0916’’ in the ‘‘Keyword’’
box and click ‘‘Search.’’
We encourage all interested tribes to
participate in this formal consultation
by responding orally at the consultation
or in writing. If you bring written
comments to the formal consultation,
you may submit them to Coast Guard
personnel specified at the meeting to
receive written comments. These
comments will be submitted to our
online public docket. All comments
received will be posted without change
to https://www.regulations.gov and will
include any personal information you
have provided. For more about privacy
and the docket, visit https://
www.regulations.gov/privacyNotice. We
will also provide a written summary of
the government to government tribal
consultation and comments and will
place that summary in the docket.
Comments submitted after the
meeting must reach the Coast Guard on
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27639
or before August 9, 2017. We encourage
you to submit comments through the
Federal eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Information on Service for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
tribal consultation, contact at Mr. Laird
Hail at the telephone number or email
address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Tribal Government to Government
Consultation
The Coast Guard will hold a formal
tribal government to government
consultation regarding its proposed rule
on Thursday, July 13, 2017, from 9 a.m.
to 3 p.m. at the Suquamish Tribe’s
House of Awakened Culture, 7235 NE
Parkway, Suquamish, WA 98392. We
request that tribes intending to
participate in this consultation submit
the following information to the person
in the FOR FURTHER INFORMATION
CONTACT section of this document by
June 30, 2017: (1) Whether the tribe will
attend the face-to-face tribal
consultation, (2) the name and contact
information of anyone other than the
Chief Executive of the tribe that is
authorized to engage in government to
government consultation with the Coast
Guard for this tribal consultation, and
(3) any proposed agenda items and
written materials it intends to present.
We will also provide a written summary
of the government to government tribal
consultation and comments and will
place that summary in the docket.
Members of the public will have time to
submit further comments between the
posting of the summary of the tribal
consultation and the closing of the
comment period on August 9, 2017.
Dated: June 12, 2017.
D.G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2017–12494 Filed 6–15–17; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Proposed Rules]
[Pages 27636-27639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12500]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0334]
RIN 1625-AA08
Special Local Regulation; Commencement Bay, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend its proposing regarding
a temporary special local regulation for certain waters of Commencement
Bay for the 2017 World Water Ski Racing Championships. This special
local regulation would prohibit non-participant persons and vessels
from entering, transiting through, anchoring in, or remaining within
the race area and prohibits vessels from transiting at speeds that
cause wake within the spectator area unless authorized by the Captain
of the Port Puget Sound or a Designated Representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 3, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0334 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Zachary Spence, Sector
Puget Sound Waterways Management Branch, U.S. Coast Guard; telephone
206-217-6051, email SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On December 8, 2016, Overload Productions notified the Coast Guard
that it intends on conducting a high speed water ski race on
Commencement Bay. Approximately 40 motor boats and water skiers will be
participating in the races and operating at high speeds with limited
maneuverability, which poses a significant hazard to race participants
and other boaters. In addition the event sponsors anticipate a
potential small number of on-water spectators to be present during the
races.
The Coast Guard published a Notice of Proposed Rulemaking on May
19, 2017 (82 FR 22934), proposing a special local regulation. We are
issuing this supplemental proposal to amend the special local
regulation to include August 5, 2017 as a race day, increasing the size
of the race area, and extending
[[Page 27637]]
the comment period to account for these changes.
The purpose of this rulemaking is to ensure the safety of vessels
and participants in the race as well as spectators and the maritime
public. The rulemaking would accomplish this purpose by establishing
two regulated areas before, during, and after the scheduled event, one
for race participants, and one for spectators and the maritime public.
Many factors amplify the potential hazards of the race, including
limited maneuverability of the race participants, commercial vessel
traffic, and the number of local recreational and fishing vessels. The
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
This proposed rule would create a temporary special local
regulation on certain waters of Commencement Bay in Tacoma, WA for the
2017 World Water Ski Racing Championships. This special local
regulation would establish two separate regulated areas, a race area
and a spectator area. Within the race area, all persons and vessels,
except those persons and vessels participating in the high-speed water
ski races, are prohibited from entering, transiting through, anchoring
in, or remaining within. Within the spectator area, all vessels are
prohibited from anchoring and are required to transit at the minimum
speed necessary to maintain course, minimizing vessels wake, unless
authorized by the Captain of the Port Puget Sound or a Designated
Representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
proposed rule a significant regulatory action under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
As this proposed rule is not a significant regulatory action, this
rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of
the Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the Special Local Regulation.
Vessel traffic would be able to safely transit around race area or
through the spectator area which would only impact a small designated
area of Commencement Bay for less than nine hours during the days of
event. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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
[[Page 27638]]
more in any one year. Though this proposed rule would not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation lasting for nine hours on each day the event occurs
and would prohibit entry into the race area and restrict movement
within the spectator area. Normally such actions are categorically
excluded from further review under section 2.B.2, and figure 2-1,
paragraph 34(h) of the Instruction. Paragraph 34(h) pertains to special
local regulations issued in conjunction with a regatta or marine
parade. This rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary Record of Environmental Consideration (REC) supporting this
determination is available in the docket where indicated under the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this SNPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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.T13-0334 to read as follows:
Sec. 100.T13-0334 Special Local Regulation; Commencement Bay, Tacoma,
WA
(a) Location. The special local regulations found in paragraph (c)
apply in the following areas.
(1) Race Area. All waters of Commencement Bay encompassed within an
imaginary line connecting the following coordinates: Starting at point
1 in position 47[deg]18'9.6'' N., 122[deg]30'23.6'' W.; thence
northeast to Point 2 in position 47[deg]18'15.2'' N., 122[deg]30'14.4''
W.; thence east to Point 3 in position 47[deg]18'32'' N.,
122[deg]28'41.3'' W.; thence south to Point 4 in position
47[deg]17'32'' N., 122[deg]28'22.4'' W.; thence southwest to Point 5 in
position 47[deg]17'5.5'' N., 122[deg]29'6.4'' W.; thence northwest back
to origin.
(2) Spectator Area. All waters of Commencement Bay encompassed
within an imaginary line connecting the following points: Starting at
Point 1 in position 47[deg]17'32'' N., 122[deg]28'22.4'' W.; thence
southeast to Point 2 in position 47[deg]17'29.4'' N., 122[deg]28'17.2''
W.; thence southwest to Point 3 in position 47[deg]17'3'' N.,
122[deg]29'01'' W.; thence northwest to Point 4 in position
47[deg]17'5.5'' N., 122[deg]29'6.4'' W.; thence northeast back to
origin.
(b) Definitions. For the purpose of this section the following
definitions apply:
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Puget Sound (COTP)
in the enforcement of the regulated areas identified in paragraph
(a)(1) and (a)(2) of this section.
Patrol Vessel means any Coast Guard vessel, Coast Guard Auxiliary
vessel, or other federal, state or local law enforcement vessel.
(c) Special Local Regulations.
(1) All persons and vessels, except those persons and vessels
participating in the high-speed water ski races, are prohibited from
entering, transiting through, anchoring in, or remaining within the
race area.
(2) All persons and vessels entering, exiting, or moving within the
spectator area must operate at speeds, which will create a minimum
wake, and will not exceed seven knots. The maximum speed may be reduced
at the discretion of the Patrol Commander.
(3) A succession of sharp, short signals by whistle or horn from a
Patrol Vessel will serve as a signal to stop. Vessels signaled must
stop and comply with the orders of the Patrol Vessel. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(4) Persons and vessels desiring to enter, transit through, anchor
in, remain within or transit in excess of wake speed within any of the
regulated areas must contact the Captain of the Port Puget Sound by
telephone at (206) 217-6002, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the Captain of the Port Puget Sound or
a designated representative.
(c) Notice of Enforcement. The Coast Guard will provide notice of
the enforcement of this Special Local Regulation by all appropriate
means to ensure the widest dissemination among the public, as
practicable; such means of notification may include but are not
[[Page 27639]]
limited to, Broadcast Notice to Mariners, Local Notice to Mariners, and
by on-scene designated representatives.
(d) Enforcement Period. This rule is effective from 9 a.m. to 6
p.m. on July 29, 31, and August 2 and 5, 2017, unless cancelled sooner
by the Captain of the Port Puget Sound.
Dated: June 12, 2017.
D.G. Throop,
Commander, RDML, U.S. Coast Guard, Thirteenth Coast Guard District.
[FR Doc. 2017-12500 Filed 6-15-17; 8:45 am]
BILLING CODE 9110-04-P
