[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20852-20855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08039]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0124]
RIN 1625-AA00
Safety Zones; Marine Week Air Ground Demonstration, Lake
Washington; Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The U.S. Coast Guard proposes to establish safety zones around
vessels and persons involved in the Marine Week Seattle Special Marine
Air Ground Task Force Demonstration on Lake Washington, Seattle, WA.
This event will occur from August 9, 2013, until August 11, 2013. A
safety zone is necessary to ensure the safety of the maritime public
during this event, which involves demonstrations of low flying
aircraft, amphibious vehicles, swimmers, combat equipment, and other
elements that could create safety concerns for waterway users. This
safety zone would ensure the safety of the maritime public by
prohibiting any person or vessel from entering or remaining in the
safety zone unless authorized by the Captain of the Port (COTP) or a
Designated Representative.
DATES: Comments and related material must be received by the Coast
Guard on or before May 8, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid
[[Page 20853]]
duplication, please use only one of these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Anthony P. LaBoy, Waterways Management Division,
Coast Guard Sector Puget Sound; Coast Guard; telephone 206-217-6045,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0124] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\; by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0124) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
The Coast Guard received a marine event permit application from the
United States Marine Corps on February 5, 2013. From August 5 to August
11, 2013, Special Purpose Marine Air Ground Task Force Marine Week
Seattle will conduct Marine Week Seattle in order to showcase and
demonstrate the value of the Marine Corps; cultivate relationships with
local government, academia, and business communities; reinforce
recruiting efforts; promote modernization of equipment and training;
promote the Corps' Marine Air Ground Task Force and expeditionary
agility; and, emphasize the Corps' diversity in its ``one team-one
fight'' ethos.
The Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, authorizes
the Coast Guard to establish safety zones under 33 U.S.C. 1226(b)(1).
The Coast Guard proposes to establish this safety zone during the
Marine Week Demonstration on Lake Washington, Seattle, WA. The safety
zone will help ensure the safety of the maritime public by prohibiting
any person or vessel from entering or remaining in the safety zone
unless authorized by the Captain of the Port (COTP) or a Designated
Representative.
C. Discussion of Proposed Rule
The Marine Air Ground Task Force Demonstration Area will include
low flying aircraft, amphibious vehicles, swimmers, combat equipment,
and other elements. The following proposed safety zone is for the
Marine Air Ground Task Force Demonstration Area: All waters of Lake
Washington encompassed by the following points: 47[deg]33'50'' N,
122[deg]14'51'' W, thence northwesterly to 47[deg]35'12'' N
122[deg]16'25'' W, thence southwesterly to 47[deg]34'56'' N,
122[deg]17'9'' W; thence south easterly along the shoreline to
47[deg]33'32'' N, 122[deg]15'50'' W, thence northwesterly back to the
point of origin.
A second proposed safety zone will be used by amphibious vehicles
transiting from Proctor's Landing into the demonstration area and will
be kept clear to allow emergency response vessels to transit and
respond to medical emergencies. The following area is the proposed
safety zone for the Access Lane: All waters of Lake Washington
encompassed by the following points: 47[deg]34'49'' N, 122[deg]14'58''
W, thence northwesterly to 47[deg]34'59'' N, 122[deg]15'10'' W, thence
southwesterly to 47[deg]34'41'' N, 122[deg]15'49'' W; thence
southeasterly to 47[deg]34'27'' N, 122[deg]15'34'' W, thence back to
the point of origin.
D. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under
[[Page 20854]]
section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders. This finding is based on the fact that
the waters encompassed by the proposed Safety Zone are not frequented
by commercial navigation, and the zone is small in size and short in
duration.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit this portion of Lake Washington during the time
this regulation is in effect. The zone will not have a significant
economic impact because it is limited in size and short in duration.
The only vessels likely to be impacted will be recreational boaters and
small passenger vessel operators.
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.
3. Assistance for Small Entities
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, above. 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.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
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
determined that this rule does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 the establishment of a safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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 proposes
to amend 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. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L.
[[Page 20855]]
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add section 165.T13-244 to read as follows:
Sec. 165.T13-244 Safety Zone; Marine Week Air Ground Demonstration,
Lake Washington; Seattle, WA.
(a) Locations. The following areas are designated as a safety zone:
(1) Marine Air Ground Task Force Demonstration Area: All waters of
Lake Washington encompassed by the following points: 47[deg]33'50'' N,
122[deg]14'51'' W, thence northwesterly to 47[deg]35'12'' N,
122[deg]16'25'' W, thence southwesterly to 47[deg]34'56'' N,
122[deg]17'9'' W; thence southeasterly along the shoreline to
47[deg]33'32'' N, 122[deg]15'50'' W, thence northwesterly back to the
point of origin.
(2) Access Lane: All waters of Lake Washington encompassed by the
following points: 47[deg]34'49'' N, 122[deg]14'58'' W, thence
northwesterly to 47[deg]34'59'' N, 122[deg]15'10'' W, thence
southwesterly to 47[deg]34'41'' N, 122[deg]15'49'' W; thence
southeasterly to 47[deg]34'27'' N, 122[deg]15'34'' W, thence back to
the point of origin.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, Subpart C, no person or vessel may enter or remain in the
safety zone created by this section without the permission of the
Captain of the Port or his Designated Representative. Designated
Representatives are Coast Guard Personnel authorized by the Captain of
the Port to grant persons or vessels permission to enter or remain in
the safety zones created by this section. See 33 CFR part 165, Subpart
C, for additional information and requirements. The COTP may be
assisted by other federal, state or local agencies with the enforcement
of this safety zone.
(c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the COTP or a Designated
Representative by contacting the on-scene Coast Guard patrol craft on
VHF 13 or Ch 16. Requests must include the reason why movement within
this area is necessary. Vessel operators granted permission to enter
the safety zone shall transit at the minimum speed necessary to
maintain course.
(d) Effective Period. This rule is effective from 6:00 a.m. on
August 9, 2013 through 11:59 p.m. on August 11, 2013.
Dated: March 4, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-08039 Filed 4-5-13; 8:45 am]
BILLING CODE 9110-04-P