80_FR_28302 80 FR 28207 - Safety Zones; San Juan Island Independence Day Celebration, Friday Harbor, WA

80 FR 28207 - Safety Zones; San Juan Island Independence Day Celebration, Friday Harbor, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range28207-28209
FR Document2015-11939

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.

Federal Register, Volume 80 Issue 95 (Monday, May 18, 2015)
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Proposed Rules]
[Pages 28207-28209]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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

[[Page 28209]]

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]
 BILLING CODE 9110-04-P



                                                                                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


                                                 VerDate Sep<11>2014   18:36 May 15, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\18MYP1.SGM   18MYP1


                                                      28208                     Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules

                                                      comment, it will be considered as                       rulemaking, we will hold one at a time                2. Impact on Small Entities
                                                      having been received by the Coast                       and place announced by a later notice                    The Regulatory Flexibility Act of 1980
                                                      Guard when it is received at the Docket                 in the Federal Register.                              (RFA), 5 U.S.C. 601–612, as amended,
                                                      Management Facility. We recommend                                                                             requires federal agencies to consider the
                                                      that you include your name and a                        B. Basis and Purpose
                                                                                                                                                                    potential impact of regulations on small
                                                      mailing address, an email address, or a                    Coast Guard Captains of the Port are               entities during rulemaking. The term
                                                      telephone number in the body of your                    granted authority to establish safety and             ‘‘small entities’’ comprises small
                                                      document so that we can contact you if                  security zones in 33 CFR 1.05–1(f) for                businesses, not-for-profit organizations
                                                      we have questions regarding your                        safety and environmental purposes as                  that are independently owned and
                                                      submission.                                             described in 33 CFR part 165.                         operated and are not dominant in their
                                                         To submit your comment online, go to                                                                       fields, and governmental jurisdictions
                                                      http://www.regulations.gov, type the                       The San Juan Island Independence
                                                                                                                                                                    with populations of less than 50,000.
                                                      docket number [USCG–2015–0254] in                       Day Celebration fireworks display will
                                                                                                                                                                    The Coast Guard certifies under 5 U.S.C.
                                                      the ‘‘SEARCH’’ box and click                            be held on July 4, 2015. Fireworks
                                                                                                                                                                    605(b) that this proposed rule will not
                                                      ‘‘SEARCH.’’ Click on ‘‘Submit a                         displays create hazardous conditions for
                                                                                                                                                                    have a significant economic impact on
                                                      Comment’’ on the line associated with                   the maritime public because of the large
                                                                                                                                                                    a substantial number of small entities.
                                                      this rulemaking.                                        number of vessels that congregate near                This rule will affect the following
                                                         If you submit your comments by mail                  the displays as well as the noise, falling            entities, some of which may be small
                                                      or hand delivery, submit them in an                     debris, and explosions that occur during              entities: The owners or operators of
                                                      unbound format, no larger than 81⁄2 by                  the event. A safety zone is necessary in              vessels intending to transit through the
                                                      11 inches, suitable for copying and                     order to prevent vessels from                         established safety zone during the times
                                                      electronic filing. If you submit                        congregating in the proximity of the                  of enforcement. This rule will not have
                                                      comments by mail and would like to                      firework discharge site to ensure                     a significant economic impact on a
                                                      know that they reached the Facility,                    maritime public safety.                               substantial number of small entities
                                                      please enclose a stamped, self-addressed                                                                      because the temporary safety zone is
                                                      postcard or envelope. We will consider                  C. Discussion of Proposed Rule
                                                                                                                                                                    minimal in size and short in duration,
                                                      all comments and material received                         In order to mitigate the hazards                   maritime traffic will be able to transit
                                                      during the comment period and may                       associated with the fireworks display,                around it and may be permitted to
                                                      change the rule based on your                           the Coast Guard is proposing to                       transit through with the permission
                                                      comments.                                               establish a temporary safety zone in                  from the Captain of the Port or a
                                                      2. Viewing Comments and Documents                       Friday Harbor, WA in a 200 yard radius                Designated Representative.
                                                                                                              around the point 48°32.471′ N,                           If you think that your business,
                                                         To view comments, as well as                                                                               organization, or governmental
                                                      documents mentioned in this preamble                    123°0.714′ W. This safety zone would be
                                                                                                              in effect from 5:00 p.m. on July 4 until              jurisdiction qualifies as a small entity
                                                      as being available in the docket, go to                                                                       and that this rule would have a
                                                      http://www.regulations.gov, type the                    1:00 a.m. on July 5, 2015.
                                                                                                                                                                    significant economic impact on it,
                                                      docket number (USCG–2015–0254) in                          All persons and vessels would be                   please submit a comment (see
                                                      the ‘‘SEARCH’’ box and click                            prohibited from entering the safety zone              ADDRESSES) explaining why you think it
                                                      ‘‘SEARCH.’’ Click on Open Docket                        during the dates and times they are                   qualifies and how and to what degree
                                                      Folder on the line associated with this                 effective unless authorized by the                    this rule would economically affect it.
                                                      rulemaking. You may also visit the                      Captain of the Port or his Designated
                                                      Docket Management Facility in Room                      Representative.                                       3. Assistance for Small Entities
                                                      W12–140 on the ground floor of the                                                                               Under section 213(a) of the Small
                                                                                                              D. Regulatory Analyses
                                                      Department of Transportation West                                                                             Business Regulatory Enforcement
                                                      Building, 1200 New Jersey Avenue SE.,                     We developed this proposed rule after               Fairness Act of 1996 (Pub. L. 104–121),
                                                      Washington, DC 20590, between 9 a.m.                    considering numerous statutes and                     we want to assist small entities in
                                                      and 5 p.m., Monday through Friday,                      executive orders related to rulemaking.               understanding this proposed rule. If the
                                                      except Federal holidays.                                Below we summarize our analyses                       rule would affect your small business,
                                                                                                              based on a number of these statutes or                organization, or governmental
                                                      3. Privacy Act
                                                                                                              executive orders.                                     jurisdiction and you have questions
                                                         Anyone can search the electronic                                                                           concerning its provisions or options for
                                                      form of comments received into any of                   1. Regulatory Planning and Review                     compliance, please contact the person
                                                      our dockets by the name of the                                                                                listed in the FOR FURTHER INFORMATION
                                                      individual submitting the comment (or                     This proposed rule is not a significant             CONTACT, above. The Coast Guard will
                                                      signing the comment, if submitted on                    regulatory action under section 3(f) of               not retaliate against small entities that
                                                      behalf of an association, business, labor               Executive Order 12866, Regulatory                     question or complain about this
                                                      union, etc.). You may review a Privacy                  Planning and Review, as supplemented                  proposed rule or any policy or action of
                                                      Act notice regarding our public dockets                 by Executive Order 13563, Improving                   the Coast Guard.
                                                      in the January 17, 2008, issue of the                   Regulation and Regulatory Review, and
                                                      Federal Register (73 FR 3316).                          does not require an assessment of                     4. Collection of Information
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                                                                                                              potential costs and benefits under                       This proposed rule will not call for a
                                                      4. Public Meeting                                       section 6(a)(3) of Executive Order 12866              new collection of information under the
                                                         We do not now plan to hold a public                  or under section 1 of Executive Order                 Paperwork Reduction Act of 1995 (44
                                                      meeting. But you may submit a request                   13563. The Office of Management and                   U.S.C. 3501–3520).
                                                      for one, using one of the methods                       Budget has not reviewed it under those
                                                      specified under ADDRESSES. Please                       Orders. This rule is not a significant                5. Federalism
                                                      explain why you believe a public                        regulatory action because it creates a                   A rule has implications for federalism
                                                      meeting would be beneficial. If we                      safety zone that is minimal in size and               under Executive Order 13132,
                                                      determine that one would aid this                       short in duration.                                    Federalism, if it has a substantial direct


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                                                                                Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Proposed Rules                                                  28209

                                                      effect on the States, on the relationship               Order 13175, Consultation and                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                      between the national government and                     Coordination with Indian Tribal                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                      the States, or on the distribution of                   Governments, because it would not have                Department of Homeland Security Delegation
                                                      power and responsibilities among the                    a substantial direct effect on one or                 No. 0170.1.
                                                      various levels of government. We have                   more Indian tribes, on the relationship               ■ 2. Add § 165.T13–286 to read as
                                                      analyzed this proposed rule under that                  between the Federal Government and                    follows:
                                                      Order and determined that this rule                     Indian tribes, or on the distribution of
                                                      does not have implications for                          power and responsibilities between the                § 165.T13–286 Safety Zone; San Juan
                                                                                                                                                                    Island Independence Day Celebration;
                                                      federalism.                                             Federal Government and Indian tribes.                 Friday Harbor, WA.
                                                      6. Protest Activities                                   12. Energy Effects                                      (a) Location. The following area is
                                                        The Coast Guard respects the First                       This proposed rule is not a                        designated as a temporary safety zone:
                                                      Amendment rights of protesters.                         ‘‘significant energy action’’ under                     (1) All waters within a 200 yard
                                                      Protesters are asked to contact the                     Executive Order 13211, Actions                        radius around the point 48°32.471′ N,
                                                      person listed in the FOR FURTHER                        Concerning Regulations That                           123°0.714′ W.
                                                      INFORMATION CONTACT section to                          Significantly Affect Energy Supply,                     (2) [Reserved]
                                                      coordinate protest activities so that your              Distribution, or Use.                                   (b) Regulations. In accordance with
                                                      message can be received without                                                                               the general regulations in 33 CFR part
                                                      jeopardizing the safety or security of                  13. Technical Standards                               165, subpart C, no vessel operator may
                                                      people, places or vessels.                                This proposed rule does not use                     enter, transit, moor, or anchor within
                                                                                                              technical standards. Therefore, we did                this safety zone, except for vessels
                                                      7. Unfunded Mandates Reform Act                                                                               authorized by the Captain of the Port or
                                                                                                              not consider the use of voluntary
                                                         The Unfunded Mandates Reform Act                     consensus standards.                                  Designated Representatives. Designated
                                                      of 1995 (2 U.S.C. 1531–1538) requires                                                                         Representatives are Coast Guard
                                                      Federal agencies to assess the effects of               14. Environment                                         Personnel authorized by the Captain
                                                      their discretionary regulatory actions. In                                                                    of the Port to grant persons or vessels
                                                                                                                We have analyzed this proposed rule
                                                      particular, the Act addresses actions                                                                         permission to enter or remain in the
                                                                                                              under Department of Homeland
                                                      that may result in the expenditure by a                                                                       safety zone created by this section. See
                                                                                                              Security Management Directive 023–01
                                                      State, local, or tribal government, in the                                                                    33 CFR part 165, subpart C, for
                                                                                                              and Commandant Instruction
                                                      aggregate, or by the private sector of                                                                        additional information and
                                                                                                              M16475.lD, which guide the Coast
                                                      $100,000,000 (adjusted for inflation) or                                                                      requirements.
                                                                                                              Guard in complying with the National
                                                      more in any one year. Though this                                                                               (c) Authorization. All vessel operators
                                                                                                              Environmental Policy Act of 1969
                                                      proposed rule would not result in such                                                                        who desire to enter the safety zone must
                                                                                                              (NEPA) (42 U.S.C. 4321–4370f), and
                                                      an expenditure, we do discuss the                                                                             obtain permission from the Captain of
                                                                                                              have made a preliminary determination
                                                      effects of this rule elsewhere in this                                                                        the Port or Designated representative by
                                                                                                              that this action is one of a category of
                                                      preamble.                                                                                                     contacting either the on-scene patrol
                                                                                                              actions that do not individually or
                                                                                                                                                                    craft on VHF Ch 13 or Ch 16 or the
                                                      8. Taking of Private Property                           cumulatively have a significant effect on
                                                                                                                                                                    Coast guard Sector Puget Sound Joint
                                                                                                              the human environment. This proposed
                                                        This proposed rule would not cause a                                                                        Harbor Operations Center (JHOC) via
                                                                                                              rule involves a temporary safety zone
                                                      taking of private property or otherwise                                                                       telephone at (206) 217–6002.
                                                                                                              around a fireworks display in Friday
                                                      have taking implications under                                                                                   (d) Enforcement Period. This rule is
                                                                                                              Harbor. This rule is categorically
                                                      Executive Order 12630, Governmental                                                                           effective from 5:00 p.m. on July 4, 2015,
                                                                                                              excluded from further review under
                                                      Actions and Interference with                                                                                 until 1:00 a.m. on July 5, 2015.
                                                                                                              paragraph 34(g) of Figure 2–1 of the
                                                      Constitutionally Protected Property                                                                             Dated: May 1, 2015.
                                                                                                              Commandant Instruction. A preliminary
                                                      Rights.
                                                                                                              environmental analysis checklist                      M.W. Raymond,
                                                      9. Civil Justice Reform                                 supporting this determination and a                   Captain, U.S. Coast Guard, Captain of the
                                                         This proposed rule meets applicable                  Categorical Exclusion Determination are               Port, Puget Sound.
                                                      standards in sections 3(a) and 3(b)(2) of               available in the docket where indicated               [FR Doc. 2015–11939 Filed 5–15–15; 8:45 am]
                                                      Executive Order 12988, Civil Justice                    under ADDRESSES. We seek any                          BILLING CODE 9110–04–P

                                                      Reform, to minimize litigation,                         comments or information that may lead
                                                      eliminate ambiguity, and reduce                         to the discovery of a significant
                                                      burden.                                                 environmental impact from this
                                                                                                              proposed rule.                                        ENVIRONMENTAL PROTECTION
                                                      10. Protection of Children From                                                                               AGENCY
                                                      Environmental Health Risks                              List of Subjects in 33 CFR Part 165
                                                                                                                                                                    40 CFR Part 52
                                                         We have analyzed this proposed rule                    Harbors, Marine safety, Navigation
                                                      under Executive Order 13045,                            (water), Reporting and recordkeeping                  [EPA–R08–OAR–2012–0351; FRL–9927–81–
                                                      Protection of Children from                             requirements, Security measures,                      Region 8]
                                                      Environmental Health Risks and Safety                   Waterways.
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                                                                                                                                                                    Approval and Promulgation of State
                                                      Risks. This rule is not an economically                   For the reasons discussed in the                    Implementation Plans; State of
                                                      significant rule and would not create an                preamble, the Coast Guard proposes to                 Wyoming; Interstate Transport of
                                                      environmental risk to health or risk to                 amend 33 CFR part 165 as follows:                     Pollution for the 2006 24-Hour PM2.5
                                                      safety that might disproportionately
                                                                                                              PART 165—REGULATED NAVIGATION                         NAAQS
                                                      affect children.
                                                                                                              AREAS AND LIMITED ACCESS AREAS                        AGENCY:  Environmental Protection
                                                      11. Indian Tribal Governments
                                                                                                                                                                    Agency.
                                                         This proposed rule does not have                     ■ 1. The authority citation for part 165
                                                                                                                                                                    ACTION: Proposed rule.
                                                      tribal implications under Executive                     continues to read as follows:


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Document Created: 2015-12-16 07:39:28
Document Modified: 2015-12-16 07:39:28
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 28207 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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