Rule2022-07201
Special Local Regulation; Montlake Cut, Union Bay Reach, Seattle, Washington
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
April 6, 2022
Effective
May 6, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation for a recurring marine event on Lake Washington on the first Saturday of May each year. This action is necessary to provide for the safety of life on the navigable waters during the marine event. This regulation restricts vessel traffic in the designated area during the event unless authorized by the Captain of the Port Sector Puget Sound or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 66 (Wednesday, April 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Rules and Regulations]
[Pages 19804-19805]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07201]
[[Page 19804]]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
a recurring marine event on Lake Washington on the first Saturday of
May each year. This action is necessary to provide for the safety of
life on the navigable waters during the marine event. This regulation
restricts vessel traffic in the designated area during the event unless
authorized by the Captain of the Port Sector Puget Sound or a
designated representative.
DATES: This rule is effective May 6, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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#fead9b9d8a918cae8b999b8aad918b909aa9a9b3be8b8d9d99d0939792"><span class="__cf_email__" data-cfemail="2d7e484e59425f7d584a48597e425843497a7a606d585e4e4a03404441">[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 Windermere Cup rowing event is held annually on the first
Saturday in May. The Coast Guard received notification of the recurring
marine event from the University of Washington. In response, on January
27, 2022, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Special Local Regulation; Montlake Cut, Union Bay Reach,
Seattle, Washington (87 FR 5430). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this Special Local Regulation. During the comment period that ended
March 3, 2022, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is establishing a special local regulation for the
Windermere Cup rowing event held annually on the first Saturday of May
each year from 8 a.m. until 12:00 p.m. 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.
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Coast Guard Thirteenth District Commander has determined
that potential hazards associated with the marine event would pose a
safety concern for anyone within the race area. The purpose of this
rule is to protect the safety of all waterway users, including event
participants and spectators, during the marine event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 27, 2022. There is one change in the regulatory text of this
rule from the proposed rule in the NPRM. The enforcement period in the
NPRM mistakenly indicated an end time of 12 a.m. This text now reads:
Until 12 p.m.
This rule establishes a new annually recurring special local
regulation on the first Saturday of May from 8 a.m. until 12 p.m. The
regulated area will cover 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. 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.
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 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 will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the areas, and
the rule will 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 received no comments from the Small Business
Administration on this rulemaking. 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
regulated area 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.
[[Page 19805]]
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
regulated area lasting 4 hours that would prohibit persons or vessels
from transiting the regulated area during the rowing event in Montlake
Cut and Union Bay Reach between Portage Bay and Webster Point on Lake
Washington in Seattle, WA. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A 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.
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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, 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: 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
coordinates are based on North 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 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. until 12 p.m. on the first Saturday of May.
Dated: March 31, 2022.
O.M. Saboe,
Captain, U.S. Coast Guard, Commander, Thirteenth Coast Guard District,
Acting.
[FR Doc. 2022-07201 Filed 4-5-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 6, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.