82_FR_27751 82 FR 27636 - Special Local Regulation; Commencement Bay, Tacoma, WA

82 FR 27636 - Special Local Regulation; Commencement Bay, Tacoma, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range27636-27639
FR Document2017-12500

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.

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Proposed Rules]
[Pages 27636-27639]
From the Federal Register Online  [www.thefederalregister.org]
[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 http://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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://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 http://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



                                                 27636                     Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules

                                                 CONSUMER PRODUCT SAFETY                                 Director, U.S. Consumer Product Safety                 for the 2017 World Water Ski Racing
                                                 COMMISSION                                              Commission, 4330 East West Highway,                    Championships. This special local
                                                                                                         Bethesda, MD 20814; 301–504–7547;                      regulation would prohibit non-
                                                 16 CFR Chapter II                                       email: jray@cpsc.gov.                                  participant persons and vessels from
                                                 [Docket No. CPSC–2017–0029]                             SUPPLEMENTARY INFORMATION: CPSC is                     entering, transiting through, anchoring
                                                                                                         an independent regulatory agency                       in, or remaining within the race area
                                                 Request for Information on Potentially                  charged with protecting the public from                and prohibits vessels from transiting at
                                                 Reducing Regulatory Burdens Without                     unreasonable risks of injury or death                  speeds that cause wake within the
                                                 Harming Consumers                                       associated with the use of the thousands               spectator area unless authorized by the
                                                                                                         of types of consumer products under the                Captain of the Port Puget Sound or a
                                                 AGENCY:  U.S. Consumer Product Safety                                                                          Designated Representative. We invite
                                                                                                         agency’s jurisdiction. Deaths, injuries,
                                                 Commission.                                                                                                    your comments on this proposed
                                                                                                         and property damage from consumer
                                                 ACTION: Request for information.                        product incidents cost the nation more                 rulemaking.
                                                 SUMMARY:   The Consumer Product Safety                  than $1 trillion annually. CPSC uses a                 DATES:  Comments and related material
                                                 Commission (CPSC, or Commission)                        variety of approaches to achieve its                   must be received by the Coast Guard on
                                                 seeks suggestions for ways the                          mission. Among the agency’s tools is                   or before July 3, 2017.
                                                 Commission could potentially reduce                     issuing regulations concerning the
                                                                                                                                                                ADDRESSES: You may submit comments
                                                 burdens and costs of its existing rules,                safety of consumer products. The
                                                                                                         Commission is seeking suggestions from                 identified by docket number USCG–
                                                 regulations, or practices without                                                                              2017–0334 using the Federal
                                                 harming consumers.                                      the public about ways to lessen burdens
                                                                                                         and reduce costs of its existing rules,                eRulemaking Portal at http://
                                                 DATES: Written comments must be                         regulations, or practices without                      www.regulations.gov. See the ‘‘Public
                                                 submitted by September 30, 2017.                        increasing the risk of deaths or injuries              Participation and Request for
                                                 ADDRESSES: You may submit comments,                     to consumers. When submitting                          Comments’’ portion of the
                                                 identified by Docket No. CPSC–2017–                                                                            SUPPLEMENTARY INFORMATION section for
                                                                                                         suggestions with respect to existing
                                                 0029 by any of the following methods:                   rules, regulations or practices, the                   further instructions on submitting
                                                   Electronic Submissions: Submit                        Commission requests information and                    comments.
                                                 electronic comments to the Federal                      data in support of the suggestion, and                 FOR FURTHER INFORMATION CONTACT:     If
                                                 eRulemaking Portal at: http://                          answers to the questions, as appropriate,              you have questions about this proposed
                                                 www.regulations.gov. Follow the                         listed in Section V.b of the                           rulemaking, call or email Petty Officer
                                                 instructions for submitting comments.                   Commission’s Plan for Retrospective                    Zachary Spence, Sector Puget Sound
                                                 The Commission does not accept                          Review of Existing Rules, available at:                Waterways Management Branch, U.S.
                                                 comments submitted by electronic mail                   https://www.cpsc.gov/Global/                           Coast Guard; telephone 206–217–6051,
                                                 (email) except through http://                          Regulations-Laws-and-Standards/                        email SectorPugetSoundWWM@
                                                 www.regulations.gov. The Commission                     Rulemaking/                                            uscg.mil.
                                                 encourages you to submit electronic                     FINALrulereviewplanAPRIL2016.pdf.
                                                 comments by using the Federal                                                                                  SUPPLEMENTARY INFORMATION:
                                                                                                            To submit your ideas, please follow
                                                 eRulemaking Portal as described above.                  the instructions in the ADDRESSES                      I. Table of Abbreviations
                                                   Written Submissions: Submit written                   section of this document.
                                                 submissions by mail/hand delivery/                                                                             CFR Code of Federal Regulations
                                                                                                           Dated: June 12, 2017.                                DHS Department of Homeland Security
                                                 courier to: Office of the Secretary, U.S.                                                                      FR Federal Register
                                                 Consumer Product Safety Commission,                     Todd A. Stevenson,
                                                                                                         Secretary, Consumer Product Safety                     NPRM Notice of proposed rulemaking
                                                 Room 820, 4330 East West Highway,                                                                              § Section
                                                 Bethesda, MD 20814; telephone (301)                     Commission.
                                                                                                                                                                U.S.C. United States Code
                                                 504–7923.                                               [FR Doc. 2017–12434 Filed 6–15–17; 8:45 am]
                                                   Instructions: All submissions received                BILLING CODE 6355–01–P                                 II. Background, Purpose, and Legal
                                                 must include the agency name and                                                                               Basis
                                                 docket number for this notice. All                                                                               On December 8, 2016, Overload
                                                 comments received may be posted                         DEPARTMENT OF HOMELAND                                 Productions notified the Coast Guard
                                                 without change to http://                               SECURITY                                               that it intends on conducting a high
                                                 www.regulations.gov, including any                                                                             speed water ski race on Commencement
                                                 personal information provided. Do not                   Coast Guard                                            Bay. Approximately 40 motor boats and
                                                 submit confidential business                                                                                   water skiers will be participating in the
                                                 information, trade secret information, or               33 CFR Part 100                                        races and operating at high speeds with
                                                 other sensitive or protected information                [Docket Number USCG–2017–0334]                         limited maneuverability, which poses a
                                                 (such as a Social Security Number)                                                                             significant hazard to race participants
                                                 electronically; if furnished at all, such               RIN 1625–AA08                                          and other boaters. In addition the event
                                                 information should be submitted in                                                                             sponsors anticipate a potential small
                                                 writing.                                                Special Local Regulation;                              number of on-water spectators to be
                                                   Docket: For access to the docket to                   Commencement Bay, Tacoma, WA                           present during the races.
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 read background documents or                            AGENCY: Coast Guard, DHS.                                The Coast Guard published a Notice
                                                 comments received, go to http://                                                                               of Proposed Rulemaking on May 19,
                                                                                                         ACTION:Supplemental notice of
                                                 www.regulations.gov and insert the                                                                             2017 (82 FR 22934), proposing a special
                                                                                                         proposed rulemaking.
                                                 docket number Docket No. CPSC–2017–                                                                            local regulation. We are issuing this
                                                 0029 into the ‘‘Search’’ box, and follow                SUMMARY:  The Coast Guard is proposing                 supplemental proposal to amend the
                                                 the prompts.                                            to amend its proposing regarding a                     special local regulation to include
                                                 FOR FURTHER INFORMATION CONTACT:                        temporary special local regulation for                 August 5, 2017 as a race day, increasing
                                                 DeWane Ray, Deputy Executive                            certain waters of Commencement Bay                     the size of the race area, and extending


                                            VerDate Sep<11>2014   14:13 Jun 15, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\16JNP1.SGM   16JNP1


                                                                           Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules                                           27637

                                                 the comment period to account for these                 harmonizing rules, and of promoting                    ADDRESSES) explaining why you think it
                                                 changes.                                                flexibility. Executive Order 13771                     qualifies and how and to what degree
                                                   The purpose of this rulemaking is to                  (‘‘Reducing Regulation and Controlling                 this rule would economically affect it.
                                                 ensure the safety of vessels and                        Regulatory Costs’’), directs agencies to                  Under section 213(a) of the Small
                                                 participants in the race as well as                     reduce regulation and control regulatory               Business Regulatory Enforcement
                                                 spectators and the maritime public. The                 costs and provides that ‘‘for every one                Fairness Act of 1996 (Pub. L. 104–121),
                                                 rulemaking would accomplish this                        new regulation issued, at least two prior              we want to assist small entities in
                                                 purpose by establishing two regulated                   regulations be identified for elimination,             understanding this proposed rule. If the
                                                 areas before, during, and after the                     and that the cost of planned regulations               rule would affect your small business,
                                                 scheduled event, one for race                           be prudently managed and controlled                    organization, or governmental
                                                 participants, and one for spectators and                through a budgeting process.’’                         jurisdiction and you have questions
                                                 the maritime public. Many factors                          The Office of Management and Budget                 concerning its provisions or options for
                                                 amplify the potential hazards of the                    (OMB) has not designated this proposed                 compliance, please contact the person
                                                 race, including limited maneuverability                 rule a significant regulatory action                   listed in the FOR FURTHER INFORMATION
                                                 of the race participants, commercial                    under section 3(f) of Executive Order                  CONTACT section. The Coast Guard will
                                                 vessel traffic, and the number of local                 12866. Accordingly, OMB has not                        not retaliate against small entities that
                                                 recreational and fishing vessels. The                   reviewed it.                                           question or complain about this
                                                 Coast Guard proposes this rulemaking                       As this proposed rule is not a                      proposed rule or any policy or action of
                                                 under authority in 33 U.S.C. 1233.                      significant regulatory action, this rule is            the Coast Guard.
                                                                                                         exempt from the requirements of
                                                 III. Discussion of Proposed Rule                        Executive Order 13771. See OMB’s                       C. Collection of Information
                                                    This proposed rule would create a                    Memorandum titled ‘‘Interim Guidance                     This proposed rule would not call for
                                                 temporary special local regulation on                   Implementing Section 2 of the Executive                a new collection of information under
                                                 certain waters of Commencement Bay in                   Order of January 30, 2017 titled                       the Paperwork Reduction Act of 1995
                                                 Tacoma, WA for the 2017 World Water                     ‘Reducing Regulation and Controlling                   (44 U.S.C. 3501–3520).
                                                 Ski Racing Championships. This special                  Regulatory Costs’ ’’ (February 2, 2017).
                                                 local regulation would establish two                       This regulatory action determination                D. Federalism and Indian Tribal
                                                 separate regulated areas, a race area and               is based on the size, location, duration,              Governments
                                                 a spectator area. Within the race area, all             and time-of-day of the Special Local                      A rule has implications for federalism
                                                 persons and vessels, except those                       Regulation. Vessel traffic would be able               under Executive Order 13132,
                                                 persons and vessels participating in the                to safely transit around race area or                  Federalism, if it has a substantial direct
                                                 high-speed water ski races, are                         through the spectator area which would                 effect on the States, on the relationship
                                                 prohibited from entering, transiting                    only impact a small designated area of                 between the national government and
                                                 through, anchoring in, or remaining                     Commencement Bay for less than nine                    the States, or on the distribution of
                                                 within. Within the spectator area, all                  hours during the days of event.                        power and responsibilities among the
                                                 vessels are prohibited from anchoring                   Moreover, the Coast Guard would issue                  various levels of government. We have
                                                 and are required to transit at the                      a Broadcast Notice to Mariners via                     analyzed this proposed rule under that
                                                 minimum speed necessary to maintain                     VHF–FM marine channel 16 about the                     Order and have determined that it is
                                                 course, minimizing vessels wake, unless                 regulated areas.                                       consistent with the fundamental
                                                 authorized by the Captain of the Port                                                                          federalism principles and preemption
                                                                                                         B. Impact on Small Entities                            requirements described in Executive
                                                 Puget Sound or a Designated
                                                 Representative. The regulatory text we                     The Regulatory Flexibility Act of                   Order 13132.
                                                 are proposing appears at the end of this                1980, 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have
                                                 document.                                               requires Federal agencies to consider                  tribal implications under Executive
                                                                                                         the potential impact of regulations on                 Order 13175, Consultation and
                                                 IV. Regulatory Analyses                                 small entities during rulemaking. The                  Coordination with Indian Tribal
                                                   We developed this proposed rule after                 term ‘‘small entities’’ comprises small                Governments, because it would not have
                                                 considering numerous statutes and                       businesses, not-for-profit organizations               a substantial direct effect on one or
                                                 Executive orders related to rulemaking.                 that are independently owned and                       more Indian tribes, on the relationship
                                                 Below we summarize our analyses                         operated and are not dominant in their                 between the Federal Government and
                                                 based on a number of these statutes and                 fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                                 Executive orders and we discuss First                   with populations of less than 50,000.                  power and responsibilities between the
                                                 Amendment rights of protestors.                         The Coast Guard certifies under 5 U.S.C.               Federal Government and Indian tribes.
                                                                                                         605(b) that this proposed rule would not               If you believe this proposed rule has
                                                 A. Regulatory Planning and Review
                                                                                                         have a significant economic impact on                  implications for federalism or Indian
                                                    E.O.s 12866 (‘‘Regulatory Planning                   a substantial number of small entities.                tribes, please contact the person listed
                                                 and Review’’) and 13563 (‘‘Improving                       While some owners or operators of                   in the FOR FURTHER INFORMATION
                                                 Regulation and Regulatory Review’’)                     vessels intending to transit the safety                CONTACT section.
                                                 direct agencies to assess the costs and                 zone may be small entities, for the
                                                 benefits of available regulatory                        reasons stated in section IV.A above this              E. Unfunded Mandates Reform Act
                                                 alternatives and, if regulation is                      proposed rule would not have a                           The Unfunded Mandates Reform Act
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                                                 necessary, to select regulatory                         significant economic impact on any                     of 1995 (2 U.S.C. 1531–1538) requires
                                                 approaches that maximize net benefits                   vessel owner or operator.                              Federal agencies to assess the effects of
                                                 including potential economic,                              If you think that your business,                    their discretionary regulatory actions. In
                                                 environmental, public health and safety                 organization, or governmental                          particular, the Act addresses actions
                                                 effects, distributive impacts, and equity.              jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                                 Executive Order 13563 emphasizes the                    and that this rule would have a                        State, local, or tribal government, in the
                                                 importance of quantifying both costs                    significant economic impact on it,                     aggregate, or by the private sector of
                                                 and benefits, of reducing costs, of                     please submit a comment (see                           $100,000,000 (adjusted for inflation) or


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                                                 27638                     Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules

                                                 more in any one year. Though this                          We encourage you to submit                          within an imaginary line connecting the
                                                 proposed rule would not result in such                  comments through the Federal                           following points: Starting at Point 1 in
                                                 an expenditure, we do discuss the                       eRulemaking Portal at http://                          position 47°17′32″ N., 122°28′22.4″ W.;
                                                 effects of this rule elsewhere in this                  www.regulations.gov. If your material                  thence southeast to Point 2 in position
                                                 preamble.                                               cannot be submitted using http://                      47°17′29.4″ N., 122°28′17.2″ W.; thence
                                                                                                         www.regulations.gov, contact the person                southwest to Point 3 in position
                                                 F. Environment
                                                                                                         in the FOR FURTHER INFORMATION                         47°17′3″ N., 122°29′01″ W.; thence
                                                    We have analyzed this proposed rule                  CONTACT section of this document for                   northwest to Point 4 in position
                                                 under Department of Homeland                            alternate instructions.                                47°17′5.5″ N., 122°29′6.4″ W.; thence
                                                 Security Management Directive 023–01                       We accept anonymous comments. All                   northeast back to origin.
                                                 and Commandant Instruction                              comments received will be posted                         (b) Definitions. For the purpose of this
                                                 M16475.lD, which guide the Coast                        without change to http://                              section the following definitions apply:
                                                 Guard in complying with the National                    www.regulations.gov and will include                      Designated representative means a
                                                 Environmental Policy Act of 1969 (42                    any personal information you have                      Coast Guard Patrol Commander,
                                                 U.S.C. 4321–4370f), and have made a                     provided. For more about privacy and                   including a Coast Guard coxswain, petty
                                                 preliminary determination that this                     the docket, you may review a Privacy                   officer, or other officer operating a Coast
                                                 action is one of a category of actions that             Act notice regarding the Federal Docket                Guard vessel and a Federal, State, and
                                                 do not individually or cumulatively                     Management System in the March 24,                     local officer designated by or assisting
                                                 have a significant effect on the human                  2005, issue of the Federal Register (70                the Captain of the Port Puget Sound
                                                 environment. This proposed rule                         FR 15086).                                             (COTP) in the enforcement of the
                                                 involves a special local regulation                        Documents mentioned in this SNPRM                   regulated areas identified in paragraph
                                                 lasting for nine hours on each day the                  as being available in the docket, and all              (a)(1) and (a)(2) of this section.
                                                 event occurs and would prohibit entry                   public comments, will be in our online                    Patrol Vessel means any Coast Guard
                                                 into the race area and restrict movement                docket at http://www.regulations.gov                   vessel, Coast Guard Auxiliary vessel, or
                                                 within the spectator area. Normally                     and can be viewed by following that                    other federal, state or local law
                                                 such actions are categorically excluded                 Web site’s instructions. Additionally, if              enforcement vessel.
                                                 from further review under section 2.B.2,                you go to the online docket and sign up                   (c) Special Local Regulations.
                                                 and figure 2–1, paragraph 34(h) of the                  for email alerts, you will be notified                    (1) All persons and vessels, except
                                                 Instruction. Paragraph 34(h) pertains to                when comments are posted or a final                    those persons and vessels participating
                                                 special local regulations issued in                     rule is published.                                     in the high-speed water ski races, are
                                                 conjunction with a regatta or marine                                                                           prohibited from entering, transiting
                                                 parade. This rule is categorically                      List of Subjects in 33 CFR Part 100                    through, anchoring in, or remaining
                                                 excluded from further review under                        Marine safety, Navigation (water),                   within the race area.
                                                 paragraph 34(h) of Figure 2–1 of the                    Reporting and recordkeeping                               (2) All persons and vessels entering,
                                                 Commandant Instruction. A preliminary                   requirements, Waterways.                               exiting, or moving within the spectator
                                                 Record of Environmental Consideration                     For the reasons discussed in the                     area must operate at speeds, which will
                                                 (REC) supporting this determination is                  preamble, the Coast Guard proposes to                  create a minimum wake, and will not
                                                 available in the docket where indicated                 amend 33 CFR part 100 as follows:                      exceed seven knots. The maximum
                                                 under the ADDRESSES section of this                                                                            speed may be reduced at the discretion
                                                 preamble. We seek any comments or                       PART 100—SAFETY OF LIFE ON                             of the Patrol Commander.
                                                 information that may lead to the                        NAVIGABLE WATERS                                          (3) A succession of sharp, short
                                                 discovery of a significant environmental                                                                       signals by whistle or horn from a Patrol
                                                 impact from this proposed rule.                         ■ 1. The authority citation for part 100               Vessel will serve as a signal to stop.
                                                                                                         continues to read as follows:                          Vessels signaled must stop and comply
                                                 G. Protest Activities                                       Authority: 33 U.S.C. 1233.                         with the orders of the Patrol Vessel.
                                                   The Coast Guard respects the First                    ■ 2. Add § 100.T13–0334 to read as                     Failure to do so may result in expulsion
                                                 Amendment rights of protesters.                         follows:                                               from the area, citation for failure to
                                                 Protesters are asked to contact the                                                                            comply, or both.
                                                 person listed in the FOR FURTHER                        § 100.T13–0334 Special Local Regulation;                  (4) Persons and vessels desiring to
                                                 INFORMATION CONTACT section to                          Commencement Bay, Tacoma, WA                           enter, transit through, anchor in, remain
                                                 coordinate protest activities so that your                 (a) Location. The special local                     within or transit in excess of wake
                                                 message can be received without                         regulations found in paragraph (c) apply               speed within any of the regulated areas
                                                 jeopardizing the safety or security of                  in the following areas.                                must contact the Captain of the Port
                                                 people, places, or vessels.                                (1) Race Area. All waters of                        Puget Sound by telephone at (206) 217–
                                                                                                         Commencement Bay encompassed                           6002, or a designated representative via
                                                 V. Public Participation and Request for                 within an imaginary line connecting the                VHF–FM radio on channel 16 to request
                                                 Comments                                                following coordinates: Starting at point               authorization. If authorization is
                                                   We view public participation as                       1 in position 47°18′9.6″ N., 122°30′23.6″              granted, all persons and vessels
                                                 essential to effective rulemaking, and                  W.; thence northeast to Point 2 in                     receiving such authorization must
                                                 will consider all comments and material                 position 47°18′15.2″ N., 122°30′14.4″                  comply with the instructions of the
                                                 received during the comment period.                     W.; thence east to Point 3 in position                 Captain of the Port Puget Sound or a
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                                                 Your comment can help shape the                         47°18′32″ N., 122°28′41.3″ W.; thence                  designated representative.
                                                 outcome of this rulemaking. If you                      south to Point 4 in position 47°17′32″                    (c) Notice of Enforcement. The Coast
                                                 submit a comment, please include the                    N., 122°28′22.4″ W.; thence southwest to               Guard will provide notice of the
                                                 docket number for this rulemaking,                      Point 5 in position 47°17′5.5″ N.,                     enforcement of this Special Local
                                                 indicate the specific section of this                   122°29′6.4″ W.; thence northwest back                  Regulation by all appropriate means to
                                                 document to which each comment                          to origin.                                             ensure the widest dissemination among
                                                 applies, and provide a reason for each                     (2) Spectator Area. All waters of                   the public, as practicable; such means of
                                                 suggestion or recommendation.                           Commencement Bay encompassed                           notification may include but are not


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                                                                           Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules                                                 27639

                                                 limited to, Broadcast Notice to Mariners,               ADDRESSES:   The consultation will take                or before August 9, 2017. We encourage
                                                 Local Notice to Mariners, and by on-                    place at the Suquamish Tribe’s House of                you to submit comments through the
                                                 scene designated representatives.                       Awakened Culture, 7235 NE Parkway,                     Federal eRulemaking Portal at http://
                                                    (d) Enforcement Period. This rule is                 Suquamish, WA 98392.                                   www.regulations.gov. If your material
                                                 effective from 9 a.m. to 6 p.m. on July                   You may submit written comments                      cannot be submitted using http://
                                                 29, 31, and August 2 and 5, 2017, unless                identified by docket number USCG–                      www.regulations.gov, contact the person
                                                 cancelled sooner by the Captain of the                  2016–0916 using the Federal                            in the FOR FURTHER INFORMATION
                                                 Port Puget Sound.                                       eRulemaking Portal at http://                          CONTACT section of this document for
                                                   Dated: June 12, 2017.                                 www.regulations.gov.                                   alternate instructions.
                                                 D.G. Throop,                                            FOR FURTHER INFORMATION CONTACT:    If
                                                                                                         you have questions concerning the                      Information on Service for Individuals
                                                 Commander, RDML, U.S. Coast Guard,
                                                                                                         meeting or the proposed rule, please call              With Disabilities
                                                 Thirteenth Coast Guard District.
                                                 [FR Doc. 2017–12500 Filed 6–15–17; 8:45 am]             or email Mr. Laird Hail, U.S. Coast                       For information on facilities or
                                                 BILLING CODE 9110–04–P                                  Guard Sector Puget Sound; telephone                    services for individuals with disabilities
                                                                                                         206–217–6051, email                                    or to request special assistance at the
                                                                                                         SectorPugetSoundWWM@uscg.mil.
                                                                                                                                                                tribal consultation, contact at Mr. Laird
                                                 DEPARTMENT OF HOMELAND                                  SUPPLEMENTARY INFORMATION:                             Hail at the telephone number or email
                                                 SECURITY                                                                                                       address indicated under the FOR
                                                                                                         Background and Purpose
                                                 Coast Guard                                                                                                    FURTHER INFORMATION CONTACT section of
                                                                                                            On June 1, 2017, we published a
                                                                                                         notification of tribal consultation (82 FR             this notice.
                                                 33 CFR Part 110                                         25207) related to the notice of proposed               Tribal Government to Government
                                                                                                         rulemaking (NPRM) titled ‘‘Anchorages;                 Consultation
                                                 [Docket No. USCG–2016–0916]                             Captain of the Port Puget Sound Zone,
                                                 RIN 1625–AA01                                           WA,’’ that we published February 10,                      The Coast Guard will hold a formal
                                                                                                         2017 (82 FR 10313). In May 2017 (82 FR                 tribal government to government
                                                 Anchorages; Captain of the Port Puget                   22448, May 16, 2017), we reopened the                  consultation regarding its proposed rule
                                                 Sound Zone, WA; Supplemental Notice                     comment period on the NPRM, which is                   on Thursday, July 13, 2017, from 9 a.m.
                                                 of Tribal Consultation                                  now set to close on August 9, 2017.                    to 3 p.m. at the Suquamish Tribe’s
                                                                                                            In the June 1, 2017 notification, we                House of Awakened Culture, 7235 NE
                                                 AGENCY: Coast Guard, DHS.                               identified the scheduled date and time                 Parkway, Suquamish, WA 98392. We
                                                 ACTION: Notice of location of tribal                    of the tribal consultation as July 13,                 request that tribes intending to
                                                 consultation.                                           2017, from 9 a.m. to 3 p.m., but we did                participate in this consultation submit
                                                                                                         not provide the address. We are                        the following information to the person
                                                 SUMMARY:   On June 1, 2017, the Coast                   publishing this document to provide
                                                 Guard published a notification of tribal                                                                       in the FOR FURTHER INFORMATION
                                                                                                         you with the location of the tribal                    CONTACT section of this document by
                                                 consultation regarding government to                    consultation.
                                                 government consultation on a notice of                                                                         June 30, 2017: (1) Whether the tribe will
                                                                                                            You may view the NPRM in our
                                                 proposed rulemaking entitled                                                                                   attend the face-to-face tribal
                                                                                                         online docket, in addition to supporting
                                                 ‘‘Anchorages; Captain of the Port Puget                 documents prepared by the Coast                        consultation, (2) the name and contact
                                                 Sound Zone, WA.’’ As stated in that                     Guard—for example, environmental                       information of anyone other than the
                                                 notification, the address of the tribal                 checklist, and comments submitted thus                 Chief Executive of the tribe that is
                                                 consultation was to be determined. The                  far by going to http://                                authorized to engage in government to
                                                 tribal consultation will take place in                  www.regulations.gov. Once there, insert                government consultation with the Coast
                                                 Suquamish, WA. As before, the Coast                     ‘‘USCG–2016–0916’’ in the ‘‘Keyword’’                  Guard for this tribal consultation, and
                                                 Guard encourages all interested tribes to               box and click ‘‘Search.’’                              (3) any proposed agenda items and
                                                 R.S.V.P. to the formal consultation to be                  We encourage all interested tribes to               written materials it intends to present.
                                                 held on July 13, 2017, and provide                      participate in this formal consultation                We will also provide a written summary
                                                 information on which treaty rights are                  by responding orally at the consultation               of the government to government tribal
                                                 impacted and how the Coast Guard                        or in writing. If you bring written                    consultation and comments and will
                                                 should consider these rights in its                     comments to the formal consultation,                   place that summary in the docket.
                                                 rulemaking analysis.                                    you may submit them to Coast Guard                     Members of the public will have time to
                                                 DATES: A formal government to                           personnel specified at the meeting to                  submit further comments between the
                                                 government consultation is scheduled to                 receive written comments. These                        posting of the summary of the tribal
                                                 be held on July 13, 2017, from 9 a.m. to                comments will be submitted to our                      consultation and the closing of the
                                                 3 p.m. to provide an opportunity for oral               online public docket. All comments                     comment period on August 9, 2017.
                                                 comments. R.S.V.P.s to the consultation                 received will be posted without change
                                                 must be submitted by June 30, 2017, to                  to http://www.regulations.gov and will                   Dated: June 12, 2017.
                                                 the person listed below at FOR FURTHER                  include any personal information you                   D.G. Throop,
                                                 INFORMATION CONTACT. Written                            have provided. For more about privacy                  Rear Admiral, U.S. Coast Guard, Commander,
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                                                 comments and related material may also                  and the docket, visit http://                          Thirteenth Coast Guard District.
                                                 be submitted to Coast Guard personnel                   www.regulations.gov/privacyNotice. We                  [FR Doc. 2017–12494 Filed 6–15–17; 8:45 am]
                                                 specified at that meeting. The comment                  will also provide a written summary of                 BILLING CODE 9110–04–P
                                                 period for the proposed rule closes on                  the government to government tribal
                                                 August 9, 2017. All comments and                        consultation and comments and will
                                                 related material submitted after the                    place that summary in the docket.
                                                 meeting must be received by the Coast                      Comments submitted after the
                                                 Guard on or before August 9, 2017.                      meeting must reach the Coast Guard on


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Document Created: 2017-06-16 00:51:50
Document Modified: 2017-06-16 00:51:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 3, 2017.
ContactIf 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 [email protected]
FR Citation82 FR 27636 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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