Proposed Rule2022-01999
Special Local Regulation; Montlake Cut, Union Bay Reach, Seattle, Washington
Primary source
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Published
February 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a special local regulation for a recurring marine event on Lake Washington the first Satruday of May each year. This action is necessary to provide for the safety of life on the navigable waters during the marine event. This proposed rulemaking would restrict vessel traffic in the designated area during the event unless authorized by the Captain of the Port Sector Puget Sound or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 21 (Tuesday, February 1, 2022)</title>
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[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5430-5432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01999]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0774]
RIN 1625-AA08
Special Local Regulation; Montlake Cut, Union Bay Reach, Seattle,
Washington
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation for a recurring marine event on Lake Washington the first
Satruday of May each year. This action is necessary to provide for the
safety of life on the navigable waters during the marine event. This
proposed rulemaking would restrict vessel traffic in the designated
area during the event unless authorized by the Captain of the Port
Sector 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 March 3, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0774 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 Chief Warrant Officer William
Martinez, Sector Puget Sound Waterways Management Division, U.S. Coast
Guard; telephone 206-217-6051, email <a href="/cdn-cgi/l/email-protection#164573756279644663717362457963787241415b5663657571387b7f7a"><span class="__cf_email__" data-cfemail="f7a49294839885a782909283a498829993a0a0bab782849490d99a9e9b">[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, Purpose, and Legal Basis
The Coast Guard proposes to establish a special local regulation
for the Windermere Cup marine event held annually on the first Saturday
of May each year from 8 a.m. to noon. This event is held on the
navigable waters of the Montlake Cut and Union Bay Reach between
Portage Bay and Webster Point on Lake Washington in Seattle, WA.
Under 46 U.S.C. 70041, Coast Guard Thirteenth District Commander
has authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved marine
event. The District Commander has determined that potential hazards
associated with the marine event would pose a safety concern for anyone
within the race area.
In order to protect the safety of all waterway users, including
event participants and spectators, this proposed rule would establish a
special local regulation for the time and location of the marine event.
Participant means all persons and vessels registered with the event
sponsor as a participants in the race. Spectator means any vessel in
the vicinity of the marine event with the primary purpose of witnessing
the marine event. Spectator vessels can observe the marine event from
one of the designated spectator areas. One area is located north of
Union Bay Reach in Union Bay. The other is located in the area between
the state route 520 bridge and south of Union Bay Reach. Vessels would
not be permitted to enter the regulated areas unless authorized by the
COTP or a designated representative.
III. Discussion of Proposed Rule
The Coast Guard proposes to add a new annually recurring special
local regulation on the first Saturday of May each year from 8 a.m. to
12 p.m. The regulated area would cover the all navigable waters from
Montlake Cut and Union Bay Reach between Portage Bay and Webster Point
on Lake Washington in Seattle, from the southern corner of University
of Washington Oceanography pier at 47[deg]38'57'' N, 122[deg]18'45'' W
thence south to 47[deg]38'46'' N, 122[deg]18'45'' W, thence eastward to
Webster Point Light 21 at 47[deg]38'51'' N, 122[deg]16'33'' W, thence
south to the SR520 bridge at 47[deg]38'37'' N, 122[deg]16'34'' W. These
coodinates are based on Nort American Datum 83 (NAD 83).
The duration of the regulated area is intended to ensure the safety
of the public and participants during the rowing race. Non-participant
vessels are not permitted to enter, transit through, anchor in, or
remain within the regulated area without obtaining permission from the
COTP or a designated representative. A designated representative means
a Coast Guard
[[Page 5431]]
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 regulated area must comply with all lawful orders or directions
given to them by the COTP or the designated representative. The Coast
Guard will provide notice of the regulated area by Broadcast Notice to
Mariners, announcement in the Local Notice to Mariners and on-scene
designated representatives. 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
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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation
area which would impact a small-designated area of the Montlake Cut and
Union Bay Reach. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the areas, and
the proposed rule would allow vessels to seek permission to enter the
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 proposed 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 proposed 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 proposed 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. 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 call or email 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 more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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 regulated
area lasting 4 hours that would prohibit persons or vessels from
transiting the regulated area during the rowing event. Normally such
actions are categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see 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 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
[[Page 5432]]
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG- 2021-0774 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.1311 to read as follows:
Sec. 100.1311 Special Local Regulation; Montlake Cut, Lake
Washington, Seattle, Washington.
(a) Regulated area. The regulations in this section apply to the
following area: The navigable waters from Montlake Cut and Union Bay
Reach between Portage Bay and Webster Point on Lake Washington in
Seattle, from the southern corner of University of Washington
Oceanography pier at 47[deg]38'57'' N, 122[deg]18'45'' W thence south
to 47[deg]38'46'' N, 122[deg]18'45''W, thence eastward to Webster Point
Light 21 at 47[deg]38'51'' N, 122[deg]16'33'' W, thence south to the
SR520 bridge at 47[deg]38'37'' N, 122[deg]16'34'' W. These coodinates
are based on Nort American Datum 83 (NAD 83).
(b) Definitions. As used in this section--
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 regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the race. Spectator means any vessel in
the vicinity of a marine event with the primary purpose of witnessing
the event. Spectator vessels can observe the marine event from one of
the designated spectator areas. One area is located north of Union Bay
Reach in Union Bay. The other is located in the area between the state
route 520 bridge and south of Union Bay Reach.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or their designated representative.
(2) 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 regulated area must comply with all lawful
orders or directions given to them by the COTP or the designated
representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners, announcement in the
local notice to mariners, and by on-scene designated representatives.
(d) Enforcement period. This section will be enforced annually from
8 a.m. to 12 a.m. on first Saturday of May.
Dated: October 26, 2021.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
Editorial note: This document was received for publication by
the Office of the Federal Register on January 27, 2022.
[FR Doc. 2022-01999 Filed 1-31-22; 8:45 am]
BILLING CODE 9110-04-P
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