[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Proposed Rules]
[Pages 28207-28209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11939]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0254]
RIN 1625-AA00
Safety Zones; San Juan Island Independence Day Celebration,
Friday Harbor, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Friday Harbor for the San Juan Island Independence Day Celebration
fireworks display. The safety zone is necessary to help ensure the
safety of the maritime public during the display and will do so by
prohibiting all persons and vessels from entering the safety zone
unless authorized by the Captain of the Port or his designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 17, 2015.
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 duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Kenneth Hoppe, Waterways Management
Division, Sector Puget Sound, U.S. Coast Guard; telephone (206) 217-
6051, 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
[[Page 28208]]
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-2015-0254] 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-2015-0254) 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
Coast Guard Captains of the Port are granted authority to establish
safety and security zones in 33 CFR 1.05-1(f) for safety and
environmental purposes as described in 33 CFR part 165.
The San Juan Island Independence Day Celebration fireworks display
will be held on July 4, 2015. Fireworks displays create hazardous
conditions for the maritime public because of the large number of
vessels that congregate near the displays as well as the noise, falling
debris, and explosions that occur during the event. A safety zone is
necessary in order to prevent vessels from congregating in the
proximity of the firework discharge site to ensure maritime public
safety.
C. Discussion of Proposed Rule
In order to mitigate the hazards associated with the fireworks
display, the Coast Guard is proposing to establish a temporary safety
zone in Friday Harbor, WA in a 200 yard radius around the point
48[deg]32.471' N, 123[deg]0.714' W. This safety zone would be in effect
from 5:00 p.m. on July 4 until 1:00 a.m. on July 5, 2015.
All persons and vessels would be prohibited from entering the
safety zone during the dates and times they are effective unless
authorized by the Captain of the Port or his Designated Representative.
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 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
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 through the established
safety zone 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 through with the permission from the Captain of
the Port or a Designated Representative.
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
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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 a temporary safety zone around a fireworks display in Friday
Harbor. 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. 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.T13-286 to read as follows:
Sec. 165.T13-286 Safety Zone; San Juan Island Independence Day
Celebration; Friday Harbor, WA.
(a) Location. The following area is designated as a temporary
safety zone:
(1) All waters within a 200 yard radius around the point
48[deg]32.471' N, 123[deg]0.714' W.
(2) [Reserved]
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no vessel operator may enter, transit, moor,
or anchor within this safety zone, except for vessels authorized by the
Captain of the Port or Designated Representatives. 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.
(c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast guard Sector Puget Sound Joint
Harbor Operations Center (JHOC) via telephone at (206) 217-6002.
(d) Enforcement Period. This rule is effective from 5:00 p.m. on
July 4, 2015, until 1:00 a.m. on July 5, 2015.
Dated: May 1, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-11939 Filed 5-15-15; 8:45 am]
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