80_FR_28300 80 FR 28205 - Safety Zones; Seattle Seafair 4th of July Fireworks Display, Lake Union, WA

80 FR 28205 - Safety Zones; Seattle Seafair 4th of July Fireworks Display, Lake Union, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 95 (May 18, 2015)

Page Range28205-28207
FR Document2015-11938

The Coast Guard is establishing a temporary safety zone in Lake Union for the Seattle Seafair 4th of July 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.

Federal Register, Volume 80 Issue 95 (Monday, May 18, 2015)
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Proposed Rules]
[Pages 28205-28207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11938]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed 
Rules

[[Page 28205]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0255]
RIN 1625-AA00


Safety Zones; Seattle Seafair 4th of July Fireworks Display, Lake 
Union, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Lake Union for the Seattle Seafair 4th of July 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 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-2015-0255] 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-2015-0255) 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.

[[Page 28206]]

    The Seattle Seafair 4th of July fireworks display will take place 
this year in Lake Union. 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

    Due to the hazards associated with the fireworks display, the Coast 
Guard is proposing to establish a temporary safety zone in Lake Union, 
WA in a 300 yard radius around the point 47[deg]38'24.85'' N, 
122[deg]20'3.81'' W. The safety zone would be effective 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 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.

[[Page 28207]]

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 Lake 
Union. 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.T13-288 to read as follows:


Sec.  165.T13-288  Safety Zone; Seattle Seafair 4th of July; Lake 
Union, WA.

    (a) Location. The following area is designated as a temporary 
safety zone: All waters within a 300 yard radius around the point 
47[deg]38'24.85'' N, 122[deg]20'3.81'' W.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part, 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 subpart C of this part, 
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: April 30, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-11938 Filed 5-15-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                                                                                                                                      28205

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 80, No. 95

                                                                                                                                                                    Monday, May 18, 2015



                                                      This section of the FEDERAL REGISTER                    FOR FURTHER INFORMATION CONTACT:     If                  If you submit your comments by mail
                                                      contains notices to the public of the proposed          you have questions on this rule, call or              or hand delivery, submit them in an
                                                      issuance of rules and regulations. The                  email Petty Officer Kenneth Hoppe,                    unbound format, no larger than 81⁄2 by
                                                      purpose of these notices is to give interested          Waterways Management Division,                        11 inches, suitable for copying and
                                                      persons an opportunity to participate in the            Sector Puget Sound, U.S. Coast Guard;                 electronic filing. If you submit
                                                      rule making prior to the adoption of the final
                                                                                                              telephone (206) 217–6051, email                       comments by mail and would like to
                                                      rules.
                                                                                                              SectorPugetSoundWWM@uscg.mil. If                      know that they reached the Facility,
                                                                                                              you have questions on viewing or                      please enclose a stamped, self-addressed
                                                      DEPARTMENT OF HOMELAND                                  submitting material to the docket, call               postcard or envelope. We will consider
                                                      SECURITY                                                Barbara Hairston, Program Manager,                    all comments and material received
                                                                                                              Docket Operations, telephone (202)                    during the comment period and may
                                                      Coast Guard                                             366–9826.                                             change the rule based on your
                                                                                                              SUPPLEMENTARY INFORMATION:                            comments.
                                                      33 CFR Part 165
                                                                                                              Table of Acronyms                                     2. Viewing Comments and Documents
                                                      [Docket Number USCG–2015–0255]                          DHS Department of Homeland Security                      To view comments, as well as
                                                      RIN 1625–AA00                                           FR Federal Register                                   documents mentioned in this preamble
                                                                                                              NPRM Notice of Proposed Rulemaking                    as being available in the docket, go to
                                                      Safety Zones; Seattle Seafair 4th of                    A. Public Participation and Request for               http://www.regulations.gov, type the
                                                      July Fireworks Display, Lake Union,                     Comments                                              docket number (USCG–2015–0255) in
                                                      WA                                                                                                            the ‘‘SEARCH’’ box and click
                                                                                                                We encourage you to participate in
                                                                                                              this rulemaking by submitting                         ‘‘SEARCH.’’ Click on Open Docket
                                                      AGENCY:   Coast Guard, DHS.
                                                                                                              comments and related materials. All                   Folder on the line associated with this
                                                      ACTION:   Notice of proposed rulemaking.                                                                      rulemaking. You may also visit the
                                                                                                              comments received will be posted
                                                      SUMMARY:   The Coast Guard is                           without change to http://                             Docket Management Facility in Room
                                                      establishing a temporary safety zone in                 www.regulations.gov and will include                  W12–140 on the ground floor of the
                                                      Lake Union for the Seattle Seafair 4th of               any personal information you have                     Department of Transportation West
                                                      July fireworks display. The safety zone                 provided.                                             Building, 1200 New Jersey Avenue SE.,
                                                      is necessary to help ensure the safety of                                                                     Washington, DC 20590, between 9 a.m.
                                                                                                              1. Submitting Comments                                and 5 p.m., Monday through Friday,
                                                      the maritime public during the display
                                                      and will do so by prohibiting all persons                  If you submit a comment, please                    except Federal holidays.
                                                      and vessels from entering the safety                    include the docket number for this                    3. Privacy Act
                                                      zone unless authorized by the Captain                   rulemaking, indicate the specific section
                                                      of the Port or his designated                           of this document to which each                          Anyone can search the electronic
                                                      representative.                                         comment applies, and provide a reason                 form of comments received into any of
                                                                                                              for each suggestion or recommendation.                our dockets by the name of the
                                                      DATES:  Comments and related material                   You may submit your comments and                      individual submitting the comment (or
                                                      must be received by the Coast Guard on                  material online at http://                            signing the comment, if submitted on
                                                      or before June 17, 2015.                                www.regulations.gov, or by fax, mail, or              behalf of an association, business, labor
                                                      ADDRESSES: You may submit comments                      hand delivery, but please use only one                union, etc.). You may review a Privacy
                                                      identified by docket number using any                   of these means. If you submit a                       Act notice regarding our public dockets
                                                      one of the following methods:                           comment online, it will be considered                 in the January 17, 2008, issue of the
                                                        (1) Federal eRulemaking Portal:                       received by the Coast Guard when you                  Federal Register (73 FR 3316).
                                                      http://www.regulations.gov.                             successfully transmit the comment. If                 4. Public Meeting
                                                        (2) Fax: 202–493–2251.                                you fax, hand deliver, or mail your
                                                        (3) Mail or Delivery: Docket                          comment, it will be considered as                       We do not now plan to hold a public
                                                      Management Facility (M–30), U.S.                        having been received by the Coast                     meeting. But you may submit a request
                                                      Department of Transportation, West                      Guard when it is received at the Docket               for one, using one of the methods
                                                      Building Ground Floor, Room W12–140,                    Management Facility. We recommend                     specified under ADDRESSES. Please
                                                      1200 New Jersey Avenue SE.,                             that you include your name and a                      explain why you believe a public
                                                      Washington, DC 20590–0001. Deliveries                   mailing address, an email address, or a               meeting would be beneficial. If we
                                                      accepted between 9 a.m. and 5 p.m.,                     telephone number in the body of your                  determine that one would aid this
                                                      Monday through Friday, except federal                   document so that we can contact you if                rulemaking, we will hold one at a time
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      holidays. The telephone number is 202–                  we have questions regarding your                      and place announced by a later notice
                                                      366–9329.                                               submission.                                           in the Federal Register.
                                                        See the ‘‘Public Participation and                       To submit your comment online, go to
                                                                                                                                                                    B. Basis and Purpose
                                                      Request for Comments’’ portion of the                   http://www.regulations.gov, type the
                                                      SUPPLEMENTARY INFORMATION section                       docket number [USCG–2015–0255] in                       Coast Guard Captains of the Port are
                                                      below for further instructions on                       the ‘‘SEARCH’’ box and click                          granted authority to establish safety and
                                                      submitting comments. To avoid                           ‘‘SEARCH.’’ Click on ‘‘Submit a                       security zones in 33 CFR 1.05–1(f) for
                                                      duplication, please use only one of                     Comment’’ on the line associated with                 safety and environmental purposes as
                                                      these three methods.                                    this rulemaking.                                      described in 33 CFR part 165.


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                                                      28206                     Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules

                                                         The Seattle Seafair 4th of July                        The Coast Guard certifies under 5                   6. Protest Activities
                                                      fireworks display will take place this                  U.S.C. 605(b) that this proposed rule                   The Coast Guard respects the First
                                                      year in Lake Union. Fireworks displays                  will not have a significant economic                  Amendment rights of protesters.
                                                      create hazardous conditions for the                     impact on a substantial number of small               Protesters are asked to contact the
                                                      maritime public because of the large                    entities. This rule will affect the                   person listed in the FOR FURTHER
                                                      number of vessels that congregate near                  following entities, some of which may                 INFORMATION CONTACT section to
                                                      the displays as well as the noise, falling              be small entities: The owners or                      coordinate protest activities so that your
                                                      debris, and explosions that occur during                operators of vessels intending to transit             message can be received without
                                                      the event. A safety zone is necessary in                through the established safety zone                   jeopardizing the safety or security of
                                                      order to prevent vessels from                           during the times of enforcement. This                 people, places or vessels.
                                                      congregating in the proximity of the                    rule will not have a significant
                                                      firework discharge site to ensure                       economic impact on a substantial                      7. Unfunded Mandates Reform Act
                                                      maritime public safety.                                 number of small entities because the                     The Unfunded Mandates Reform Act
                                                      C. Discussion of Proposed Rule                          temporary safety zone is minimal in size              of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                              and short in duration, maritime traffic               Federal agencies to assess the effects of
                                                         Due to the hazards associated with the
                                                                                                              will be able to transit around it and may             their discretionary regulatory actions. In
                                                      fireworks display, the Coast Guard is
                                                                                                              be permitted to transit through with the              particular, the Act addresses actions
                                                      proposing to establish a temporary
                                                                                                              permission from the Captain of the Port               that may result in the expenditure by a
                                                      safety zone in Lake Union, WA in a 300
                                                                                                              or a Designated Representative.                       State, local, or tribal government, in the
                                                      yard radius around the point
                                                      47°38′24.85″ N, 122°20′3.81″ W. The                       If you think that your business,                    aggregate, or by the private sector of
                                                      safety zone would be effective from 5:00                organization, or governmental                         $100,000,000 (adjusted for inflation) or
                                                      p.m. on July 4 until 1:00 a.m. on July 5,               jurisdiction qualifies as a small entity              more in any one year. Though this
                                                      2015.                                                   and that this rule would have a                       proposed rule would not result in such
                                                         All persons and vessels would be                     significant economic impact on it,                    an expenditure, we do discuss the
                                                      prohibited from entering the safety zone                please submit a comment (see                          effects of this rule elsewhere in this
                                                      during the dates and times they are                     ADDRESSES) explaining why you think it
                                                                                                                                                                    preamble.
                                                      effective unless authorized by the                      qualifies and how and to what degree                  8. Taking of Private Property
                                                      Captain of the Port or his Designated                   this rule would economically affect it.
                                                      Representative.                                                                                                 This proposed rule would not cause a
                                                                                                              3. Assistance for Small Entities                      taking of private property or otherwise
                                                      D. Regulatory Analyses                                                                                        have taking implications under
                                                        We developed this proposed rule after                    Under section 213(a) of the Small                  Executive Order 12630, Governmental
                                                      considering numerous statutes and                       Business Regulatory Enforcement                       Actions and Interference with
                                                      executive orders related to rulemaking.                 Fairness Act of 1996 (Pub. L. 104–121),               Constitutionally Protected Property
                                                      Below we summarize our analyses                         we want to assist small entities in                   Rights.
                                                      based on a number of these statutes or                  understanding this proposed rule. If the
                                                                                                              rule would affect your small business,                9. Civil Justice Reform
                                                      executive orders.
                                                                                                              organization, or governmental                            This proposed rule meets applicable
                                                      1. Regulatory Planning and Review                       jurisdiction and you have questions                   standards in sections 3(a) and 3(b)(2) of
                                                         This proposed rule is not a significant              concerning its provisions or options for              Executive Order 12988, Civil Justice
                                                      regulatory action under section 3(f) of                 compliance, please contact the person                 Reform, to minimize litigation,
                                                      Executive Order 12866, Regulatory                       listed in the FOR FURTHER INFORMATION                 eliminate ambiguity, and reduce
                                                      Planning and Review, as supplemented                    CONTACT, above. The Coast Guard will                  burden.
                                                      by Executive Order 13563, Improving                     not retaliate against small entities that             10. Protection of Children From
                                                      Regulation and Regulatory Review, and                   question or complain about this                       Environmental Health Risks
                                                      does not require an assessment of                       proposed rule or any policy or action of
                                                      potential costs and benefits under                      the Coast Guard.                                         We have analyzed this proposed rule
                                                      section 6(a)(3) of Executive Order 12866                                                                      under Executive Order 13045,
                                                      or under section 1 of Executive Order                   4. Collection of Information                          Protection of Children from
                                                      13563. The Office of Management and                                                                           Environmental Health Risks and Safety
                                                                                                                This proposed rule will not call for a
                                                      Budget has not reviewed it under those                                                                        Risks. This rule is not an economically
                                                                                                              new collection of information under the
                                                      Orders. This rule is not a significant                                                                        significant rule and would not create an
                                                                                                              Paperwork Reduction Act of 1995 (44
                                                      regulatory action because it creates a                                                                        environmental risk to health or risk to
                                                                                                              U.S.C. 3501–3520).
                                                      safety zone that is minimal in size and                                                                       safety that might disproportionately
                                                      short in duration.                                      5. Federalism                                         affect children.
                                                      2. Impact on Small Entities                                A rule has implications for federalism             11. Indian Tribal Governments
                                                         The Regulatory Flexibility Act of 1980               under Executive Order 13132,                             This proposed rule does not have
                                                      (RFA), 5 U.S.C. 601–612, as amended,                    Federalism, if it has a substantial direct            tribal implications under Executive
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      requires federal agencies to consider the               effect on the States, on the relationship             Order 13175, Consultation and
                                                      potential impact of regulations on small                between the national government and                   Coordination with Indian Tribal
                                                      entities during rulemaking. The term                    the States, or on the distribution of                 Governments, because it would not have
                                                      ‘‘small entities’’ comprises small                      power and responsibilities among the                  a substantial direct effect on one or
                                                      businesses, not-for-profit organizations                various levels of government. We have                 more Indian tribes, on the relationship
                                                      that are independently owned and                        analyzed this proposed rule under that                between the Federal Government and
                                                      operated and are not dominant in their                  Order and determined that this rule                   Indian tribes, or on the distribution of
                                                      fields, and governmental jurisdictions                  does not have implications for                        power and responsibilities between the
                                                      with populations of less than 50,000.                   federalism.                                           Federal Government and Indian tribes.


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                                                                                Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules                                           28207

                                                      12. Energy Effects                                      All waters within a 300 yard radius                   ADDRESSES:    You may submit comments
                                                         This proposed rule is not a                          around the point 47°38′24.85″ N,                      identified by docket number using any
                                                      ‘‘significant energy action’’ under                     122°20′3.81″ W.                                       one of the following methods:
                                                      Executive Order 13211, Actions                             (b) Regulations. In accordance with                   (1) Federal eRulemaking Portal:
                                                      Concerning Regulations That                             the general regulations in subpart C of               http://www.regulations.gov.
                                                      Significantly Affect Energy Supply,                     this part, no vessel operator may enter,                 (2) Fax: 202–493–2251.
                                                                                                              transit, moor, or anchor within this                     (3) Mail or Delivery: Docket
                                                      Distribution, or Use.
                                                                                                              safety zone, except for vessels                       Management Facility (M–30), U.S.
                                                      13. Technical Standards                                 authorized by the Captain of the Port or              Department of Transportation, West
                                                        This proposed rule does not use                       Designated Representatives. Designated                Building Ground Floor, Room W12–140,
                                                      technical standards. Therefore, we did                  Representatives are Coast Guard                       1200 New Jersey Avenue SE.,
                                                      not consider the use of voluntary                       Personnel authorized by the Captain of                Washington, DC 20590–0001. Deliveries
                                                      consensus standards.                                    the Port to grant persons or vessels                  accepted between 9 a.m. and 5 p.m.,
                                                                                                              permission to enter or remain in the                  Monday through Friday, except federal
                                                      14. Environment                                         safety zone created by this section. See              holidays. The telephone number is 202–
                                                        We have analyzed this proposed rule                   subpart C of this part, for additional                366–9329.
                                                      under Department of Homeland                            information and requirements.                            See the ‘‘Public Participation and
                                                      Security Management Directive 023–01                       (c) Authorization. All vessel operators            Request for Comments’’ portion of the
                                                      and Commandant Instruction                              who desire to enter the safety zone must              SUPPLEMENTARY INFORMATION section
                                                      M16475.lD, which guide the Coast                        obtain permission from the Captain of                 below for further instructions on
                                                      Guard in complying with the National                    the Port or Designated representative by              submitting comments. To avoid
                                                      Environmental Policy Act of 1969                        contacting either the on-scene patrol                 duplication, please use only one of
                                                      (NEPA) (42 U.S.C. 4321–4370f), and                      craft on VHF Ch 13 or Ch 16 or the                    these three methods.
                                                      have made a preliminary determination                   Coast guard Sector Puget Sound Joint                  FOR FURTHER INFORMATION CONTACT: If
                                                      that this action is one of a category of                Harbor Operations Center (JHOC) via                   you have questions on this rule, call or
                                                      actions that do not individually or                     telephone at (206) 217–6002.                          email Petty Officer Kenneth Hoppe,
                                                      cumulatively have a significant effect on                  (d) Enforcement period. This rule is               Waterways Management Division,
                                                      the human environment. This proposed                    effective from 5:00 p.m. on July 4, 2015,             Sector Puget Sound, U.S. Coast Guard;
                                                      rule involves a temporary safety zone                   until 1:00 a.m. on July 5, 2015.                      telephone (206) 217–6051, email
                                                      around a fireworks display in Lake                        Dated: April 30, 2015.                              SectorPugetSoundWWM@uscg.mil. If
                                                      Union. This rule is categorically                       M.W. Raymond,                                         you have questions on viewing or
                                                      excluded from further review under                      Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                                    submitting material to the docket, call
                                                      paragraph 34(g) of Figure 2–1 of the                    Port, Puget Sound.                                    Barbara Hairston, Program Manager,
                                                      Commandant Instruction. A preliminary                   [FR Doc. 2015–11938 Filed 5–15–15; 8:45 am]
                                                                                                                                                                    Docket Operations, telephone (202)
                                                      environmental analysis checklist                                                                              366–9826.
                                                                                                              BILLING CODE 9110–04–P
                                                      supporting this determination and a                                                                           SUPPLEMENTARY INFORMATION:
                                                      Categorical Exclusion Determination are
                                                      available in the docket where indicated                                                                       Table of Acronyms
                                                                                                              DEPARTMENT OF HOMELAND
                                                      under ADDRESSES. We seek any                            SECURITY                                              DHS Department of Homeland Security
                                                      comments or information that may lead                                                                         FR Federal Register
                                                      to the discovery of a significant                       Coast Guard                                           NPRM Notice of Proposed Rulemaking
                                                      environmental impact from this                                                                                A. Public Participation and Request for
                                                      proposed rule.                                          33 CFR Part 165                                       Comments
                                                      List of Subjects in 33 CFR Part 165                     [Docket Number USCG–2015–0254]                          We encourage you to participate in
                                                        Harbors, Marine safety, Navigation                    RIN 1625–AA00
                                                                                                                                                                    this rulemaking by submitting
                                                      (water), Reporting and recordkeeping                                                                          comments and related materials. All
                                                      requirements, Security measures,                        Safety Zones; San Juan Island                         comments received will be posted
                                                      Waterways.                                              Independence Day Celebration, Friday                  without change to http://
                                                                                                              Harbor, WA                                            www.regulations.gov and will include
                                                        For the reasons discussed in the
                                                                                                                                                                    any personal information you have
                                                      preamble, the Coast Guard proposes to                   AGENCY:   Coast Guard, DHS.                           provided.
                                                      amend 33 CFR part 165 as follows:                       ACTION:   Notice of proposed rulemaking.
                                                                                                                                                                    1. Submitting Comments
                                                      PART 165—REGULATED NAVIGATION                           SUMMARY:   The Coast Guard is
                                                      AREAS AND LIMITED ACCESS AREAS                                                                                   If you submit a comment, please
                                                                                                              establishing a temporary safety zone in               include the docket number for this
                                                                                                              Friday Harbor for the San Juan Island                 rulemaking, indicate the specific section
                                                      ■ 1. The authority citation for part 165
                                                                                                              Independence Day Celebration                          of this document to which each
                                                      continues to read as follows:
                                                                                                              fireworks display. The safety zone is                 comment applies, and provide a reason
                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             necessary to help ensure the safety of                for each suggestion or recommendation.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               the maritime public during the display
                                                      Department of Homeland Security Delegation                                                                    You may submit your comments and
                                                      No. 0170.1.
                                                                                                              and will do so by prohibiting all persons             material online at http://
                                                                                                              and vessels from entering the safety                  www.regulations.gov, or by fax, mail, or
                                                      ■ 2. Add § 165.T13–288 to read as                       zone unless authorized by the Captain
                                                      follows:                                                                                                      hand delivery, but please use only one
                                                                                                              of the Port or his designated                         of these means. If you submit a
                                                      § 165.T13–288 Safety Zone; Seattle Seafair              representative.                                       comment online, it will be considered
                                                      4th of July; Lake Union, WA.                            DATES: Comments and related material                  received by the Coast Guard when you
                                                        (a) Location. The following area is                   must be received by the Coast Guard on                successfully transmit the comment. If
                                                      designated as a temporary safety zone:                  or before June 17, 2015.                              you fax, hand deliver, or mail your


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Document Created: 2015-12-16 07:39:43
Document Modified: 2015-12-16 07:39:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 17, 2015.
ContactIf 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.
FR Citation80 FR 28205 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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