81_FR_50466 81 FR 50319 - Special Local Regulation; Seattle Seafair Unlimited Hydroplane Race, Lake Washington, WA

81 FR 50319 - Special Local Regulation; Seattle Seafair Unlimited Hydroplane Race, Lake Washington, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50319-50320
FR Document2016-18127

The Coast Guard will enforce the Seattle Seafair Unlimited Hydroplane Race special local regulation on Lake Washington, WA from 8 a.m. on August 2, 2016 through 11 p.m. on August 7, 2016 during hydroplane race times. This action is necessary to ensure public safety from the inherent dangers associated with high-speed races while allowing access for rescue personnel in the event of an emergency. During the enforcement period, no person or vessel will be allowed to enter the regulated area without the permission of the Captain of the Port, Puget Sound, the on-scene Patrol Commander, or a designated representative.

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50319-50320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18127]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-1018]


Special Local Regulation; Seattle Seafair Unlimited Hydroplane 
Race, Lake Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce the Seattle Seafair Unlimited 
Hydroplane Race special local regulation on Lake Washington, WA from 8 
a.m. on August 2, 2016 through 11 p.m. on August 7, 2016 during 
hydroplane race times. This action is necessary to ensure public safety 
from the inherent dangers associated with high-speed races while 
allowing access for rescue personnel in the event of an emergency. 
During the enforcement period, no person or vessel will be allowed to 
enter the regulated area without the permission of the Captain of the 
Port, Puget Sound, the on-scene Patrol Commander, or a designated 
representative.

DATES: The regulations in 33 CFR 100.1301 will be effective from 8 a.m. 
on August 2, 2016 through 11 p.m. on August 7, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email LT Kate Haseley, Sector Puget Sound Waterways Management 
Division, Coast Guard; telephone (206) 217-6051, email 
[email protected].

SUPPLEMENTARY INFORMATION: 
    The Coast Guard will enforce the Seattle Seafair Unlimited 
Hydroplane Race special local regulation in 33 CFR 100.1301 from 8 a.m. 
on August 2, 2016 through 11 p.m. on August 7, 2016.

[[Page 50320]]

    Under the provisions of 33 CFR 100.1301, the Coast Guard will 
restrict general navigation in the following area: All waters of Lake 
Washington bounded by the Interstate 90 (Mercer Island/Lacey V. Murrow) 
Bridge, the western shore of Lake Washington, and the east/west line 
drawn tangent to Bailey Peninsula and along the shoreline of Mercer 
Island.
    The regulated area has been divided into two zones. The zones are 
separated by a line perpendicular from the I-90 Bridge to the northwest 
corner of the East log boom and a line extending from the southeast 
corner of the East log boom to the southeast corner of the hydroplane 
race course and then to the northerly tip of Ohlers Island in Andrews 
Bay. The western zone is designated Zone I, the eastern zone, Zone II. 
(Refer to NOAA Chart 18447).
    The Coast Guard will maintain a patrol consisting of Coast Guard 
vessels, assisted by Coast Guard Auxiliary vessels, in Zone II. The 
Coast Guard patrol of this area is under the direction of the Coast 
Guard Patrol Commander (the ``Patrol Commander''). The Patrol Commander 
is empowered to control the movement of vessels on the racecourse and 
in the adjoining waters during the periods this regulation is in 
effect. The Patrol Commander may be assisted by other federal, state 
and local law enforcement agencies.
    Only vessels authorized by the Patrol Commander may be allowed to 
enter Zone I during the hours this regulation is in effect. Vessels in 
the vicinity of Zone I shall maneuver and anchor as directed by the 
Patrol Commander.
    During the times in which the regulation is in effect, the 
following rules shall apply:
    (1) Swimming, wading, or otherwise entering the water in Zone I by 
any person is prohibited while hydroplane boats are on the racecourse. 
At other times in Zone I, any person entering the water from the 
shoreline shall remain west of the swim line, denoted by buoys, and any 
person entering the water from the log boom shall remain within ten 
(10) feet of the log boom.
    (2) Any person swimming or otherwise entering the water in Zone II 
shall remain within ten (10) feet of a vessel.
    (3) Rafting to a log boom will be limited to groups of three 
vessels.
    (4) Up to six (6) vessels may raft together in Zone II if none of 
the vessels are secured to a log boom. Only vessels authorized by the 
Patrol Commander, other law enforcement agencies or event sponsors 
shall be permitted to tow other watercraft or inflatable devices.
    (5) Vessels proceeding in either Zone I or Zone II during the hours 
this regulation is in effect shall do so only at speeds which will 
create minimum wake, seven (07) miles per hour or less. This maximum 
speed may be reduced at the discretion of the Patrol Commander.
    (6) Upon completion of the daily racing activities, all vessels 
leaving either Zone I or Zone II shall proceed at speeds of seven (07) 
miles per hour or less. The maximum speed may be reduced at the 
discretion of the Patrol Commander.
    (7) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the areas under the direction of the Patrol 
Commander shall serve as signal to stop. Vessels signaled shall stop 
and shall 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.
    The Captain of the Port may be assisted by other federal, state and 
local law enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 100.1301 and 5 
U.S.C. 552(a). If the Captain of the Port determines that the regulated 
area need not be enforced for the full duration stated in this notice, 
he or she may use a Broadcast Notice to Mariners to grant general 
permission to enter the regulated area.

    Dated: July 20, 2016.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2016-18127 Filed 7-29-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations                                                50319

                                              begins running on the day it was                         § 1241.71 Do I owe interest on both the                 (4) Using the judicial process to
                                              committed.                                               penalty amount and any underlying                     compel your payment under 30 U.S.C.
                                                 (b) ONRR may assess a civil penalty                   underpayment or unpaid debt?                          1719(k).
                                              of up to:                                                   (a) A penalty under this part is in                  (b) If ONRR uses the judicial process
                                                 (1) $23,548 per day, per violation for                addition to interest that you may owe on              to compel your payment, or if you seek
                                              each day that the violation continues if                 any underlying underpayment or                        judicial review under 30 U.S.C. 1719(j),
                                              you:                                                     unpaid debt.                                          and the court upholds the assessment of
                                                 (i) Knowingly or willfully fail to make                  (b) If you do not pay the penalty                  a penalty, the court will have
                                              any royalty payment by the date                          amount by the due date in the bill                    jurisdiction to award the penalty
                                              specified by statute, regulation, order, or              accompanying the FCCP or ILCP, you                    amount assessed plus interest from the
                                              a term of the lease.                                     will owe late payment interest on the                 date of the expiration of the 90-day
                                                 (ii) Fail or refuse to permit lawful                  penalty amount under 30 CFR 1218.54                   period referred to in 30 U.S.C. 1719(j).
                                              entry, inspection, or audit, including                   from the date when the civil penalty                  [FR Doc. 2016–17598 Filed 7–29–16; 8:45 am]
                                              refusal to keep, maintain, or produce                    payment became due under § 1241.72                    BILLING CODE 4335–30–P
                                              documents.                                               until the date when you pay the civil
                                                                                                       penalty amount.
                                                 (2) $58,871 per day, per violation for
                                              each day that the violation continues if                 § 1241.72    When must I pay the penalty?             DEPARTMENT OF HOMELAND
                                              you knowingly or willfully prepare,                         (a) If you do not request a hearing on             SECURITY
                                              maintain, or submit a false, inaccurate,                 a FCCP or ILCP under this part, you
                                              or misleading report, notice, affidavit,                 must pay the penalty amount by the due                Coast Guard
                                              record, data, or any other written                       date specified in the bill accompanying
                                              information.                                             the FCCP or ILCP.                                     33 CFR Part 100
                                                 (c) We may use any information as                        (b) If you request a hearing on a FCCP             [Docket No. USCG–2013–1018]
                                              evidence that you knowingly or                           or ILCP under this part, the ALJ affirms
                                              willfully committed a violation,                         the civil penalty; and                                Special Local Regulation; Seattle
                                              including:                                                  (1) You do not appeal the ALJ’s                    Seafair Unlimited Hydroplane Race,
                                                 (1) The act and failure to act of your                decision to the IBLA under § 1241.9,                  Lake Washington, WA
                                              employee or agent.                                       you must pay the civil penalty amount
                                                 (2) An email indicating your                          determined by the ALJ within 30 days                  AGENCY:  Coast Guard, DHS.
                                              concurrence with an issue.                               of the ALJ’s decision; or                             ACTION: Notice of enforcement of
                                                 (3) An order that you did not appeal                     (2) You appeal the ALJ’s decision to               regulation.
                                              or an order, NONC, or ILCP for which                     the IBLA under § 1241.9, and IBLA
                                              no further appeal is available.                          affirms a civil penalty; and                          SUMMARY:   The Coast Guard will enforce
                                                                                                          (i) You do not seek judicial review of             the Seattle Seafair Unlimited
                                                 (4) Any written or oral
                                                                                                       the IBLA’s decision under 30 U.S.C.                   Hydroplane Race special local
                                              communication, identifying a violation
                                                                                                       1719(j), you must pay the civil penalty               regulation on Lake Washington, WA
                                              which:
                                                                                                       amount that IBLA determines within                    from 8 a.m. on August 2, 2016 through
                                                 (i) You acknowledge as true and fail                                                                        11 p.m. on August 7, 2016 during
                                              to correct.                                              120 days of the IBLA decision; or
                                                                                                          (ii) You seek judicial review of the               hydroplane race times. This action is
                                                 (ii) You fail to or cannot further                                                                          necessary to ensure public safety from
                                              appeal and fail to correct.                              IBLA decision, and a court of competent
                                                                                                       jurisdiction affirms the penalty, you                 the inherent dangers associated with
                                                 (iii) You correct, but you subsequently                                                                     high-speed races while allowing access
                                              commit the same violation.                               must pay the penalty assessed within 30
                                                                                                       days after the court enters a final non-              for rescue personnel in the event of an
                                                                                                       appealable judgment.                                  emergency. During the enforcement
                                              Subpart C—Penalty Amount, Interest,                                                                            period, no person or vessel will be
                                              and Collections                                          § 1241.73 May ONRR reduce my penalty                  allowed to enter the regulated area
                                              § 1241.70 How does ONRR decide the                       once it is assessed?                                  without the permission of the Captain of
                                              amount of the penalty to assess?                           ONRR’s Director or his or her delegate              the Port, Puget Sound, the on-scene
                                                 (a) ONRR will determine the amount                    may compromise or reduce a civil                      Patrol Commander, or a designated
                                              of the penalty to assess by considering:                 penalty assessed under this part.                     representative.
                                                 (1) The severity of the violation.                    § 1241.74    How may ONRR collect my                  DATES:  The regulations in 33 CFR
                                                 (2) Your history of noncompliance.                    penalty?                                              100.1301 will be effective from 8 a.m.
                                                 (3) The size of your business. To                       (a) If you do not pay a civil penalty               on August 2, 2016 through 11 p.m. on
                                              determine the size of your business, we                  amount by the date when payment is                    August 7, 2016.
                                              may consider the number of employees                     due under § 1241.72, we may use all                   FOR FURTHER INFORMATION CONTACT: If
                                              in your company, parent company or                       available means to collect the penalty,               you have questions on this notice, call
                                              companies, and any subsidiaries and                      including but not limited to:                         or email LT Kate Haseley, Sector Puget
                                              contractors.                                               (1) Requiring the lease surety, for an              Sound Waterways Management
                                                 (b) We will not consider the royalty                  amount owed by a lessee, to pay the                   Division, Coast Guard; telephone (206)
                                              consequence of the underlying violation                  penalty.                                              217–6051, email
sradovich on DSK3GMQ082PROD with RULES




                                              when determining the amount of the                         (2) Deducting the amount of the                     SectorPugetSoundWWM@uscg.mil.
                                              civil penalty for a violation under                      penalty from any sum that the United                  SUPPLEMENTARY INFORMATION:
                                              § 1241.50 or § 1241.60(b)(1)(ii) or (b)(2).              States owes you.                                        The Coast Guard will enforce the
                                                 (c) We will post the FCCP and ILCP                      (3) Referring the debt to the                       Seattle Seafair Unlimited Hydroplane
                                              assessment matrices and any                              Department of the Treasury for                        Race special local regulation in 33 CFR
                                              adjustments to the matrices on our Web                   collection under 30 CFR part 1218,                    100.1301 from 8 a.m. on August 2, 2016
                                              site.                                                    subpart J.                                            through 11 p.m. on August 7, 2016.


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                                              50320              Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                                 Under the provisions of 33 CFR                           (5) Vessels proceeding in either Zone              bridge during the ‘Fun Ride’ event and
                                              100.1301, the Coast Guard will restrict                  I or Zone II during the hours this                    Lake Union 10K Run event. This
                                              general navigation in the following area:                regulation is in effect shall do so only              modified deviation allows the bridge to
                                              All waters of Lake Washington bounded                    at speeds which will create minimum                   remain in the closed-to-navigation
                                              by the Interstate 90 (Mercer Island/                     wake, seven (07) miles per hour or less.              position and need not open to maritime
                                              Lacey V. Murrow) Bridge, the western                     This maximum speed may be reduced at                  traffic.
                                              shore of Lake Washington, and the east/                  the discretion of the Patrol Commander.               DATES: This deviation is effective from
                                              west line drawn tangent to Bailey                           (6) Upon completion of the daily                   7:30 a.m. to 8:30 a.m. and 10:30 a.m. to
                                              Peninsula and along the shoreline of                     racing activities, all vessels leaving                12:30 p.m. on August 14, 2016.
                                              Mercer Island.                                           either Zone I or Zone II shall proceed at             ADDRESSES: The docket for this
                                                 The regulated area has been divided                   speeds of seven (07) miles per hour or                deviation, [USCG–2016–0635] is
                                              into two zones. The zones are separated                  less. The maximum speed may be                        available at http://www.regulations.gov.
                                              by a line perpendicular from the I–90                    reduced at the discretion of the Patrol               Type the docket number in the
                                              Bridge to the northwest corner of the                    Commander.                                            ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                              East log boom and a line extending from                     (7) A succession of sharp, short                   Click on Open Docket Folder on the line
                                              the southeast corner of the East log                     signals by whistle or horn from vessels               associated with this deviation.
                                              boom to the southeast corner of the                      patrolling the areas under the direction
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: If
                                              hydroplane race course and then to the                   of the Patrol Commander shall serve as
                                                                                                                                                             you have questions on this temporary
                                              northerly tip of Ohlers Island in                        signal to stop. Vessels signaled shall                deviation, call or email Mr. Steven
                                              Andrews Bay. The western zone is                         stop and shall comply with the orders                 Fischer, Bridge Administrator,
                                              designated Zone I, the eastern zone,                     of the patrol vessel; failure to do so may            Thirteenth Coast Guard District;
                                              Zone II. (Refer to NOAA Chart 18447).                    result in expulsion from the area,                    telephone 206–220–7282, email d13-pf-
                                                 The Coast Guard will maintain a                       citation for failure to comply, or both.              d13bridges@uscg.mil.
                                              patrol consisting of Coast Guard vessels,                   The Captain of the Port may be
                                                                                                                                                             SUPPLEMENTARY INFORMATION: On July
                                              assisted by Coast Guard Auxiliary                        assisted by other federal, state and local
                                                                                                       law enforcement agencies in enforcing                 15, 2016, the Coast Guard published a
                                              vessels, in Zone II. The Coast Guard                                                                           temporary deviation entitled
                                              patrol of this area is under the direction               this regulation.
                                                                                                          This notice is issued under authority              ‘‘Drawbridge Operation Regulation;
                                              of the Coast Guard Patrol Commander                                                                            Lake Washington Ship Canal, Seattle,
                                              (the ‘‘Patrol Commander’’). The Patrol                   of 33 CFR 100.1301 and 5 U.S.C. 552(a).
                                                                                                       If the Captain of the Port determines                 WA’’ in the Federal Register (81 FR
                                              Commander is empowered to control                                                                              45971). This document was necessary
                                              the movement of vessels on the                           that the regulated area need not be
                                                                                                       enforced for the full duration stated in              for Seattle Department of Transportation
                                              racecourse and in the adjoining waters                                                                         (SDOT) to temporarily deviate from the
                                              during the periods this regulation is in                 this notice, he or she may use a
                                                                                                       Broadcast Notice to Mariners to grant                 operating schedule for the Fremont
                                              effect. The Patrol Commander may be                                                                            Bridge, mile 2.6, crossing the Lake
                                              assisted by other federal, state and local               general permission to enter the
                                                                                                       regulated area.                                       Washington Ship Canal at Seattle, WA.
                                              law enforcement agencies.                                                                                      This modification adds an additional
                                                 Only vessels authorized by the Patrol                   Dated: July 20, 2016.                               closure hour on August 14, 2016 for
                                              Commander may be allowed to enter                        M.W. Raymond,                                         these events. The deviation is necessary
                                              Zone I during the hours this regulation                  Captain, U.S. Coast Guard, Captain of the             to accommodate heavy pedestrian and
                                              is in effect. Vessels in the vicinity of                 Port, Puget Sound.                                    cycling traffic across the bridge during
                                              Zone I shall maneuver and anchor as                      [FR Doc. 2016–18127 Filed 7–29–16; 8:45 am]           the ‘Fun Ride’ event and Lake Union
                                              directed by the Patrol Commander.                        BILLING CODE 9110–04–P                                10K Run event. To facilitate these
                                                 During the times in which the                                                                               events, the double bascule draw of the
                                              regulation is in effect, the following                                                                         bridge will not open for vessel traffic
                                              rules shall apply:                                       DEPARTMENT OF HOMELAND                                during the effective date and times. The
                                                 (1) Swimming, wading, or otherwise                    SECURITY                                              Fremont Bridge provides a vertical
                                              entering the water in Zone I by any                                                                            clearance of 14 feet (31 feet of vertical
                                              person is prohibited while hydroplane                    Coast Guard
                                                                                                                                                             clearance for the center 36 horizontal
                                              boats are on the racecourse. At other                                                                          feet) in the close-to-navigation position.
                                              times in Zone I, any person entering the                 33 CFR Part 117
                                                                                                                                                             The clearance is referenced to the mean
                                              water from the shoreline shall remain                    [Docket No. USCG–2016–0635]                           water elevation of Lake Washington.
                                              west of the swim line, denoted by                                                                              The normal operating schedule for the
                                              buoys, and any person entering the                       Drawbridge Operation Regulation;                      Fremont Bridge is found at 33 CFR
                                              water from the log boom shall remain                     Lake Washington Ship Canal, Seattle,                  117.1051. Waterway usage on the Lake
                                              within ten (10) feet of the log boom.                    WA                                                    Washington Ship Canal ranges from
                                                 (2) Any person swimming or                            AGENCY: Coast Guard, DHS.                             commercial tug and barge to small
                                              otherwise entering the water in Zone II                  ACTION: Notice of temporary deviation                 pleasure craft. No early Sunday morning
                                              shall remain within ten (10) feet of a                   from regulation; modification.                        bridge opening requests have been
                                              vessel.                                                                                                        received during August for the Fremont
                                                 (3) Rafting to a log boom will be                     SUMMARY:  The Coast Guard has modified                Bridge in the last five years.
                                              limited to groups of three vessels.                      a temporary deviation from the                           Vessels able to pass through the
sradovich on DSK3GMQ082PROD with RULES




                                                 (4) Up to six (6) vessels may raft                    operating schedule that governs Seattle               bridge in the closed-to-navigation
                                              together in Zone II if none of the vessels               Department of Transportation’s (SDOT)                 position may do so at anytime. The
                                              are secured to a log boom. Only vessels                  Fremont Bridge, across the Lake                       bridge will be able to open for
                                              authorized by the Patrol Commander,                      Washington Ship Canal, mile 2.6, at                   emergencies, and there is no immediate
                                              other law enforcement agencies or event                  Seattle, WA. The modified deviation is                alternate route for vessels to pass. The
                                              sponsors shall be permitted to tow other                 necessary to accommodate heavy                        Coast Guard will also inform the users
                                              watercraft or inflatable devices.                        pedestrian and cycling traffic across the             of the waterways through our Local and


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Document Created: 2016-07-30 06:25:31
Document Modified: 2016-07-30 06:25:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulations in 33 CFR 100.1301 will be effective from 8 a.m. on August 2, 2016 through 11 p.m. on August 7, 2016.
ContactIf you have questions on this notice, call or email LT Kate Haseley, Sector Puget Sound Waterways Management Division, Coast Guard; telephone (206) 217-6051, email [email protected]
FR Citation81 FR 50319 

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