83 FR 38029 - Regulated Navigation Area; Lake Washington, Seattle, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range		38029-38031
FR Document		2018-16683

The Coast Guard is establishing a temporary regulated navigation area for certain navigable waters of Lake Washington. The regulated navigation area is intended to protect personnel and vessels moored in the vicinity and other vessel traffic from potential hazards created by vessel wake. Vessels transiting this area will be restricted to speeds that create a minimum wake.

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)

[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38029-38031]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16683]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0027]
RIN 1625-AA11


Regulated Navigation Area; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area for certain navigable waters of Lake Washington. The 
regulated navigation area is intended to protect personnel and vessels 
moored in the vicinity and other vessel traffic from potential hazards 
created by vessel wake. Vessels transiting this area will be restricted 
to speeds that create a minimum wake.

DATES: This rule is effective from 8 p.m. on August 3, 2018, through 
11:59 p.m. on August 5, 2018. This rule will be enforced from 8 p.m. to 
8 a.m. daily from August 3, 2018, through August 4, 2018 and from 8 
p.m. to 11:59 p.m. on August 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0027 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Zachary Spence,

[[Page 38030]]

Sector Puget Sound Waterways Management, Coast Guard; telephone 206-
217-6051, [email protected].

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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the extraordinary amount of vessel 
traffic occurring after Seafair marine events and wake hazards posed to 
persons and vessels moored to the log booms and other vessel traffic in 
the regulated navigation area. Wakes created by vessels transiting in 
the vicinity of the vessels moored to the log boom pose a safety 
concern to personnel aboard those vessels and damage to property. 
Prompt action is needed to restrict vessel movement prior to and after 
Seafair events. It is impracticable to publish an NPRM because we must 
establish this regulated navigation area by August 3, 2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
respond to the potential safety hazards associated with excessive 
vessel wake and the hazards posed to personnel and vessels moored in 
the vicinity, particularly those moored to the log booms on Lake 
Washington as well as other vessel traffic in the area.

III. Legal Authority and Need for Rule

    On July 25, 2018, numerous local entities notified the Coast Guard 
of potential hazardous conditions associated with increased vessel and 
swimmer congestion before and after Seafair, which may make routine 
navigation unsafe for persons and vessels. The Coast Guard is issuing 
this rule under authority in 33 U.S.C. 1231. The District Commander has 
determined that potential hazards associated with excessive vessel wake 
from August 3, 2018, through August 5, 2018, will be a safety concern 
for anyone south of the Interstate 90 Bridge and north of Bailey 
Peninsula due to extraordinary amount of vessel traffic occurring after 
Seafair marine events. Wake hazards caused by this anticipated increase 
in marine traffic will pose significant risk to persons and vessels 
moored to the log booms and other vessel traffic in the area. This rule 
is needed to protect persons and vessels in the navigable waters within 
the regulated navigation area from excessive vessel wake occurring 
prior to and after Seafair Events.

IV. Discussion of the Rule

    This rule establishes a regulated navigation area from 8 p.m. to 8 
a.m. daily from August 3, 2018, through August 4, 2018 and from 8 p.m. 
to 11:59 p.m. on August 5, 2018. The regulated navigation area will 
cover all navigable waters south of the Interstate 90 floating bridge 
and north of a line between the Bailey peninsula and Mercer Island. The 
duration of the regulated navigation area is intended to protect 
personnel and vessels in these navigable waters from excessive wake 
associated with vessel traffic before and after Seafair events. Vessels 
transiting the area will be required to create minimum wake at speeds 
less than 7 miles per hour. Enforcement periods for this rule will 
occur daily prior to and immediately following Seafair Unlimited 
Hydroplane Race activities.
    On June 25, 2018 (83 FR 29438), we published a related notice of 
enforcement of regulation for 33 CFR 100.1301, Seattle Seafair 
unlimited hydroplane race. That regulation will be enforced from 8 a.m. 
on July 31, 2018, through 8 p.m. on August 6, 2018.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the regulated navigation area. 
Vessel traffic will be able to transit through the regulated navigation 
area, only impacting a small designated area of Lake Washington for 
less than three days. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the regulated 
navigation area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated navigation area may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's

[[Page 38031]]

responsiveness to small business. If you wish to comment on actions by 
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a regulated navigation area lasting less than 3 days that will restrict 
vessel speed between the I-90 floating bridge and a line drawn 
perpendicular from Bailey Peninsula to Mercer Island. It is 
categorically excluded from further review under L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-0027 to read as follows:


Sec.  165.T13-0027  Regulated Navigation Area; Lake Washington; 
Seattle, WA.

    (a) Location. The following area is a regulated navigation area: 
The 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.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Puget Sound (COTP) in the enforcement of the 
regulated navigation zone.
    (c) Regulations. All vessels and persons transiting this regulated 
navigation area shall proceed at a speed which creates minimum wake, 7 
miles per hour or less.
    (d) Enforcement periods. This section will be enforced from 8 p.m. 
to 8 a.m. daily from August 3, 2018, through August 4, 2018 and from 8 
p.m. to 11:59 p.m. on August 5, 2018.

    Dated: July 31, 2018.
D.G. Throop,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2018-16683 Filed 8-2-18; 8:45 am]
 BILLING CODE 9110-04-P

38030 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations

Sector Puget Sound Waterways Seafair, which may make routine Executive Order 13771 directs agencies
Management, Coast Guard; telephone navigation unsafe for persons and to control regulatory costs through a
206–217–6051, vessels. The Coast Guard is issuing this budgeting process. This rule has not
SectorPugetSoundWWM@uscg.mil. rule under authority in 33 U.S.C. 1231. been designated a ‘‘significant
SUPPLEMENTARY INFORMATION: The District Commander has regulatory action,’’ under Executive
determined that potential hazards Order 12866. Accordingly, this rule has
I. Table of Abbreviations associated with excessive vessel wake not been reviewed by the Office of
CFR Code of Federal Regulations from August 3, 2018, through August 5, Management and Budget (OMB), and
DHS Department of Homeland Security 2018, will be a safety concern for pursuant to OMB guidance it is exempt
FR Federal Register anyone south of the Interstate 90 Bridge from the requirements of Executive
NPRM Notice of proposed rulemaking and north of Bailey Peninsula due to Order 13771.
§ Section extraordinary amount of vessel traffic This regulatory action determination
U.S.C. United States Code occurring after Seafair marine events. is based on the size, location, duration
II. Background Information and Wake hazards caused by this anticipated and time-of-day of the regulated
Regulatory History increase in marine traffic will pose navigation area. Vessel traffic will be
significant risk to persons and vessels able to transit through the regulated
The Coast Guard is issuing this navigation area, only impacting a small
moored to the log booms and other
temporary rule without prior notice and designated area of Lake Washington for
vessel traffic in the area. This rule is
opportunity to comment pursuant to less than three days. Moreover, the
needed to protect persons and vessels in
authority under section 4(a) of the Coast Guard would issue a Broadcast
the navigable waters within the
Administrative Procedure Act (APA) Notice to Mariners via VHF–FM marine
regulated navigation area from excessive
(5 U.S.C. 553(b)). This provision channel 16 about the regulated
vessel wake occurring prior to and after
authorizes an agency to issue a rule navigation area.
Seafair Events.
without prior notice and opportunity to
comment when the agency for good IV. Discussion of the Rule B. Impact on Small Entities
cause finds that those procedures are This rule establishes a regulated The Regulatory Flexibility Act of
‘‘impracticable, unnecessary, or contrary navigation area from 8 p.m. to 8 a.m. 1980, 5 U.S.C. 601–612, as amended,
to the public interest.’’ Under 5 U.S.C. daily from August 3, 2018, through requires Federal agencies to consider
553(b)(B), the Coast Guard finds that August 4, 2018 and from 8 p.m. to 11:59 the potential impact of regulations on
good cause exists for not publishing a p.m. on August 5, 2018. The regulated small entities during rulemaking. The
notice of proposed rulemaking (NPRM) navigation area will cover all navigable term ‘‘small entities’’ comprises small
with respect to this rule because the waters south of the Interstate 90 floating businesses, not-for-profit organizations
extraordinary amount of vessel traffic bridge and north of a line between the that are independently owned and
occurring after Seafair marine events Bailey peninsula and Mercer Island. The operated and are not dominant in their
and wake hazards posed to persons and duration of the regulated navigation area fields, and governmental jurisdictions
vessels moored to the log booms and is intended to protect personnel and with populations of less than 50,000.
other vessel traffic in the regulated vessels in these navigable waters from The Coast Guard certifies under 5 U.S.C.
navigation area. Wakes created by excessive wake associated with vessel 605(b) that this rule will not have a
vessels transiting in the vicinity of the traffic before and after Seafair events. significant economic impact on a
vessels moored to the log boom pose a Vessels transiting the area will be substantial number of small entities.
safety concern to personnel aboard required to create minimum wake at While some owners or operators of
those vessels and damage to property. speeds less than 7 miles per hour. vessels intending to transit the regulated
Prompt action is needed to restrict Enforcement periods for this rule will navigation area may be small entities,
vessel movement prior to and after occur daily prior to and immediately for the reasons stated in section V.A
Seafair events. It is impracticable to following Seafair Unlimited Hydroplane above, this rule will not have a
publish an NPRM because we must Race activities. significant economic impact on any
establish this regulated navigation area On June 25, 2018 (83 FR 29438), we vessel owner or operator.
by August 3, 2018. published a related notice of Under section 213(a) of the Small
Under 5 U.S.C. 553(d)(3), the Coast enforcement of regulation for 33 CFR Business Regulatory Enforcement
Guard finds that good cause exists for 100.1301, Seattle Seafair unlimited Fairness Act of 1996 (Pub. L. 104–121),
making this rule effective less than 30 hydroplane race. That regulation will be we want to assist small entities in
days after publication in the Federal enforced from 8 a.m. on July 31, 2018, understanding this rule. If the rule
Register. Delaying the effective date of through 8 p.m. on August 6, 2018. would affect your small business,
this rule would be impracticable organization, or governmental
because prompt action is needed to V. Regulatory Analyses jurisdiction and you have questions
respond to the potential safety hazards We developed this rule after concerning its provisions or options for
associated with excessive vessel wake considering numerous statutes and compliance, please contact the person
and the hazards posed to personnel and Executive orders related to rulemaking. listed in the FOR FURTHER INFORMATION
vessels moored in the vicinity, Below we summarize our analyses CONTACT section.
particularly those moored to the log based on a number of these statutes and Small businesses may send comments
booms on Lake Washington as well as Executive orders. on the actions of Federal employees
other vessel traffic in the area. who enforce, or otherwise determine
A. Regulatory Planning and Review compliance with, Federal regulations to
amozie on DSK3GDR082PROD with RULES

III. Legal Authority and Need for Rule Executive Orders 12866 and 13563 the Small Business and Agriculture
On July 25, 2018, numerous local direct agencies to assess the costs and Regulatory Enforcement Ombudsman
entities notified the Coast Guard of benefits of available regulatory and the Regional Small Business
potential hazardous conditions alternatives and, if regulation is Regulatory Fairness Boards. The
associated with increased vessel and necessary, to select regulatory Ombudsman evaluates these actions
swimmer congestion before and after approaches that maximize net benefits. annually and rates each agency’s

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Document Created: 2018-11-06 10:34:31
Document Modified: 2018-11-06 10:34:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 8 p.m. on August 3, 2018, through 11:59 p.m. on August 5, 2018. This rule will be enforced from 8 p.m. to 8 a.m. daily from August 3, 2018, through August 4, 2018 and from 8 p.m. to 11:59 p.m. on August 5, 2018.
Contact		If you have questions on this rule, call or email Petty Officer Zachary Spence, Sector Puget Sound Waterways Management, Coast Guard; telephone 206- 217-6051, [email protected]
FR Citation		83 FR 38029
RIN Number		1625-AA11
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 38029 - Regulated Navigation Area; Lake Washington, Seattle, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 150 (August 3, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard