[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Proposed Rules]
[Pages 18340-18342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06657]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0200]
RIN 1625-AA00
Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake
Washington, WA
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters within a 4,000-yard oval radius off the
Stan Sayres Memorial Hydroplane Pits downward to the Adams Street Boat
Ramp on Lake Washington. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
in the vicinity of the Stan Sayres Memorial Park and Boat Launch and
Adams Street Boat Ramp associated with test trials of a hydroplane race
boat. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless specifically authorized by the Captain
of the Port Sector Puget Sound or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before April 14, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0200 using the Federal Decision Making Portal at https://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 Mr. Rob Nakama, Sector Puget Sound
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6089, email [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, Purpose, and Legal Basis
On January 26, 2022, the Hydroplane and Raceboat Museum notified
the Coast Guard that it will be conducting test trials of a high speed
watercraft on Lake Washington from 10 a.m. until 2 p.m. on May 24,
2022. Hazards associated with the test trial of a high speed watercraft
include vessel collisions, unusual wake and accidental catastrophic
human injury or death. The Captain of the Port Sector Puget Sound
(COTP) has determined that potential hazards associated with the test
trial would be a safety concern for anyone within a 4,000-yard oval
radius of the planned test area. The purpose of this rulemaking is to
ensure the safety of vessels and the navigable waters within a 4,000-
yard radius of the test area before, during, and after the scheduled
event. The Coast Guard is proposing this rulemaking under authority in
46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 10 a.m. until
2 p.m. on May 24, 2022. The safety zone would cover all navigable
waters within a 4,000-yard oval radius from position 47[deg]34'31'' N,
122[deg]16'34'' W, thence to position 47[deg]34'02'' N, 122[deg]15'44''
W, 150 yards offshore of the Stan Sayres Memorial Hydroplane Pits
downward to 150 yards off the Adams Street Boat Ramp which will be
marked with buoys, located on Lake Washington. These coordinates are
based on World Geodetic System (WGS 84). The
[[Page 18341]]
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the Hydroplane and
Raceboat Museum conducts its test trials. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. A 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 COTP
in the enforcement of the regulations in this section. To seek
permission to enter, contact the COTP or the COTP's representative by
calling the Sector Puget Sound Command Center at 206-217-6002. Those in
the safety zone must comply with all lawful orders or directions given
to them by the COTP or a designated representative. The regulatory text
we are proposing appears at the end of this document.
IV. 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, and we
discuss First Amendment rights of protestors.
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. 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).
This regulatory action determination is based on the fact that the
safety zone created by this rule is limited in size and duration.
Vessel traffic will be able to safely transit around this safety zone
which would impact a small designated area of Lake Washington.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the zone.
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
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule will 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 proposed 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 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
call or email 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 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 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 call or email 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 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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 proposed rule
involves a safety zone lasting only 4 hours that will prohibit entry
within the marked area off the Stan Sayres Memorial Hydroplane Pits and
Adams Street Boat Ramp, located on Lake Washington. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 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 call or email 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.
[[Page 18342]]
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0200 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0200 to read as follows:
Sec. 165.T13-0200 Safety Zone; Hydroplane and Raceboat Museum Test
Area, Lake Washington, WA.
(a) Location. The safety zone will cover all navigable waters
within a 4,000-yard oval radius drawn from 47[deg]34'31'' N,
122[deg]16'34'' W, thence to position 47[deg]34'02'' N, 122[deg]15'44''
W, 150 yards offshore of the Stan Sayres Memorial Hydroplane Pits
downward to 150 yards off the Adams Street Boat Ramp which will be
marked with buoys, located on Lake Washington. These coordinates are
based on World Geodetic System (WGS 84).
(b) Definitions. As used in this section, a 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 Sector Puget Sound (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement period. This section will be enforced from 10 a.m.
until 2 p.m. on May 24, 2022.
Dated: March 24, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2022-06657 Filed 3-29-22; 8:45 am]
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