Rule2021-23238
Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake Washington, WA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 25, 2021
Effective
November 9, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters within 4000 yards of a line drawn from Stan Sayres Memorial Hydroplane Pits downward to the Adams Street Boat Ramp on Lake Washington. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards in the vicinity of the Stan Sayres Memorial Park and Boat Launch and Adams Street Boat Ramp associated with test trials of a hydroplane race boat. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound or their Designated Representative.
Full Text
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<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
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[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58805-58807]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23238]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0798]
RIN 1625-AA00
Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake
Washington, WA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within 4000 yards of a line drawn from Stan Sayres
Memorial Hydroplane Pits downward to the Adams Street Boat Ramp on Lake
Washington. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards in the vicinity of
the Stan Sayres Memorial Park and Boat Launch and Adams Street Boat
Ramp associated with test trials of a hydroplane race boat. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Puget Sound or their
Designated Representative.
DATES: This rule is effective from 10 a.m. through 2 p.m. on November
9, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rob Nakama, Sector Puget Sound Waterways Management
Division, U.S. Coast Guard; telephone 206-217-6089, email
<a href="/cdn-cgi/l/email-protection#471422243328351732202233142832292310100a0732342420692a2e2b"><span class="__cf_email__" data-cfemail="91c2f4f2e5fee3c1e4f6f4e5c2fee4fff5c6c6dcd1e4e2f2f6bffcf8fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 the Coast Guard received notification
of the test trials on October 12, 2021, and must take immediate action
to protect the public from potential hazards by the operation of the
hydroplane. It is impracticable to publish an NPRM because we must
establish this safety zone by November 9, 2021.
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 of
this rule would be impracticable because of the safety hazards
potentially associated with the test trial of a high speed watercraft.
Immediate action is needed to to protect vessels, personnel, and the
marine environment from potential hazards associated with the
hydroplane's operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Puget
Sound (COTP) has determined that potential hazards exist with the test
trials of a high speed watercraft on Lake Washington. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone from potential hazards posed by
the hydroplane's operation.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. through 2 p.m. on
[[Page 58806]]
November 9, 2021. The safety zone will cover all navigable waters
within 4000 yards of a line drawn from 47[deg]34'31'' N,
122[deg]16'34'' W, thence to position 47[deg]34'02'' N, 122[deg]15'44''
W, 150 yards offshore of the Stan Sayres Memorial Hydroplane Pits
downward to 150 yards off the Adams Street Boat Ramp which will be
marked with buoys, located on Lake Washington. These coordinates are
based on World Geodetic System (WGS 84). The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the Hydroplane and Raceboat Museum
conducts its test trials. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. A 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 regulations in this
section. To seek permission to enter, contact the COTP or the COTP's
representative by calling the Sector Puget Sound Command Center at 206-
217-6002. Those in the safety zone must comply with all lawful orders
or directions given to them by the COTP or the designated
representative.
V. Regulatory Analyses
We developed this 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
Executive Orders 12866 and 13563 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the fact that the
safety zone created by this rule is limited in size and duration.
Vessel traffic will be able to safely transit around this safety zone.
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 rule
will 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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.
C. Collection of Information
This rule will 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 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 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.
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 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 rule involves a
safety zone lasting only 4 hours that will prohibit entry within the
marked area off the Stan Sayres Memorial Hydroplane Pits and Adams
Street Boat Ramp, located on Lake Washington. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 58807]]
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0798 to read as follows:
Sec. 165.T13-0798 Safety Zone; Hydroplane and Raceboat Museum Test
Area, Lake Washington, WA.
(a) Location. The following area is a safety zone: All navigable
waters within 4000 yards of a line drawn from 47[deg]34'31'' N,
122[deg]16'34' W, thence to position 47[deg]34'02'' N, 122[deg]15'44'
W, located on Lake Washington in the vicinity of the Stan Sayres
Memorial Park and Boat Launch and the Adams Street Boat Ramp. These
coordinates are based on World Geodetic System (WGS 84).
(b) Definitions. As used in this section, a 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 Sector Puget Sound (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
Dated: October 19, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2021-23238 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 25, 2021.
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