[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43646-43648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17688]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0574]
RIN 1625-AA00
Safety Zone, Marine Week Seattle Seahawks Demonstration, Lake
Washington; Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Marine
Week Seattle Seahawks Demonstration area on Lake Washington, Seattle,
WA. This event will occur on July 30, 2014 and July 31, 2014. This
action is necessary to protect participants and the maritime public
from the safety hazards associated with this event, which involves low
flying aircraft, combat equipment, and other on-water displays, and
will do so 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: This rule is effective from July 30, 2014 through July 31, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0574]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Johnny Zeng, Coast Guard Sector Puget Sound,
Waterways Management Division; telephone (206) 217-6175, 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. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 to do so would be impracticable due to the
insufficient time available for notice and opportunity to comment prior
to the dates of the actual event and the inability for the event to be
rescheduled.
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. Delayed promulgation would
eliminate the safety zone's effectiveness and usefulness in protecting
event participants and the maritime public during the scheduled event.
B. Basis and Purpose
The legal basis for this temporary rule is 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 and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define and establish
regulatory safety zones.
The Marine Corps will be conducting an aerial and on-water
demonstration in support of Marine Week. The event involves low flying
aircraft, combat equipment, and other on-water displays, which will
take place immediately offshore from the Seattle Seahawks training
facility on Lake Washington, Seattle, WA. The safety zone is necessary
to protect event participants and the maritime public from the safety
hazards associated with this event.
[[Page 43647]]
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone on all waters
encompassed by the following points: 47[deg]32'19'' N, 122[deg]12'14''
W, thence southeasterly to 47[deg]32'11'' N, 122[deg]11'56'' W, thence
southwesterly along the shoreline to 47[deg]31'58'' N, 122[deg]12'11''
W, thence northwesterly to 47[deg]32'01'' N, 122[deg]12'29'' W, thence
northeasterly back to the point of origin.
Vessels wishing to enter the safety zone must request permission
for entry by contacting the Joint Harbor Operations Center at (206)
217-6175, or the on-scene patrol craft via VHF-FM Ch 13. If permission
for entry is granted vessels must proceed at a minimum speed for safe
navigation.
D. 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 or executive orders.
1. Regulatory Planning and Review
This 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 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 rule is not a
significant regulatory action because it creates a safety zone that is
minimal in size and short in duration.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit through the established safety zones during the
times of enforcement. This rule will not have a significant economic
impact on a substantial number of small entities because the temporary
safety zone is minimal in size and short in duration, maritime traffic
will be able to transit around it and may be permitted to transit them
with the permission from the Captain of the Port or a Designated
Representative.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. 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).
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 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 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 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 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 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 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 action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 43648]]
14. Environment
We have analyzed this 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 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 the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental 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 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 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. 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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T13-274 to read as follows:
Sec. 165.T13-274 Safety Zone; Marine Week Seattle Seahawks
Demonstration, Lake Washington; Seattle, WA.
(a) Location. The following area is designated as a safety zone:
All waters encompassed by the following points: 47[deg]32'19'' N,
122[deg]12'14'' W, thence southeasterly to 47[deg]32'11'' N,
122[deg]11'56'' W, thence southwesterly along the shoreline to
47[deg]31'58'' N, 122[deg]12'11'' W, thence northwesterly to
47[deg]32'01'' N, 122[deg]12'29'' W, thence northeasterly 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 zone created by this section. See 33 CFR part 165, Subpart
C, for additional information and requirements. Vessels wishing to
enter the zone must request permission for entry by contacting the
Joint Harbor Operations Center at (206) 217-6175, or the on-scene
patrol craft via VHF-FM Ch 13. If permission for entry is granted
vessels must proceed at a minimum speed for safe navigation.
(c) Enforcement Period. This rule is effective from 7:00 a.m. until
10:00 a.m. on July 30, 2014, and from 11:00 a.m. until 2:00 p.m. on
July 31, 2014.
Dated: July 11, 2014.
M. W. Raymond,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2014-17688 Filed 7-25-14; 8:45 am]
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