[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20852-20855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08039]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0124]
RIN 1625-AA00


Safety Zones; Marine Week Air Ground Demonstration, Lake 
Washington; Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The U.S. Coast Guard proposes to establish safety zones around 
vessels and persons involved in the Marine Week Seattle Special Marine 
Air Ground Task Force Demonstration on Lake Washington, Seattle, WA. 
This event will occur from August 9, 2013, until August 11, 2013. A 
safety zone is necessary to ensure the safety of the maritime public 
during this event, which involves demonstrations of low flying 
aircraft, amphibious vehicles, swimmers, combat equipment, and other 
elements that could create safety concerns for waterway users. This 
safety zone would ensure the safety of the maritime public by 
prohibiting any person or vessel from entering or remaining in the 
safety zone unless authorized by the Captain of the Port (COTP) or a 
Designated Representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 8, 2013.

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

[[Page 20853]]

duplication, please use only one of these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Anthony P. LaBoy, Waterways Management Division, 
Coast Guard Sector Puget Sound; Coast Guard; telephone 206-217-6045, 
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-2013-0124] 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-2013-0124) 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

    The Coast Guard received a marine event permit application from the 
United States Marine Corps on February 5, 2013. From August 5 to August 
11, 2013, Special Purpose Marine Air Ground Task Force Marine Week 
Seattle will conduct Marine Week Seattle in order to showcase and 
demonstrate the value of the Marine Corps; cultivate relationships with 
local government, academia, and business communities; reinforce 
recruiting efforts; promote modernization of equipment and training; 
promote the Corps' Marine Air Ground Task Force and expeditionary 
agility; and, emphasize the Corps' diversity in its ``one team-one 
fight'' ethos.
    The Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, authorizes 
the Coast Guard to establish safety zones under 33 U.S.C. 1226(b)(1). 
The Coast Guard proposes to establish this safety zone during the 
Marine Week Demonstration on Lake Washington, Seattle, WA. The safety 
zone will help ensure the safety of the maritime public by prohibiting 
any person or vessel from entering or remaining in the safety zone 
unless authorized by the Captain of the Port (COTP) or a Designated 
Representative.

C. Discussion of Proposed Rule

    The Marine Air Ground Task Force Demonstration Area will include 
low flying aircraft, amphibious vehicles, swimmers, combat equipment, 
and other elements. The following proposed safety zone is for the 
Marine Air Ground Task Force Demonstration Area: All waters of Lake 
Washington encompassed by the following points: 47[deg]33'50'' N, 
122[deg]14'51'' W, thence northwesterly to 47[deg]35'12'' N 
122[deg]16'25'' W, thence southwesterly to 47[deg]34'56'' N, 
122[deg]17'9'' W; thence south easterly along the shoreline to 
47[deg]33'32'' N, 122[deg]15'50'' W, thence northwesterly back to the 
point of origin.
    A second proposed safety zone will be used by amphibious vehicles 
transiting from Proctor's Landing into the demonstration area and will 
be kept clear to allow emergency response vessels to transit and 
respond to medical emergencies. The following area is the proposed 
safety zone for the Access Lane: All waters of Lake Washington 
encompassed by the following points: 47[deg]34'49'' N, 122[deg]14'58'' 
W, thence northwesterly to 47[deg]34'59'' N, 122[deg]15'10'' W, thence 
southwesterly to 47[deg]34'41'' N, 122[deg]15'49'' W; thence 
southeasterly to 47[deg]34'27'' N, 122[deg]15'34'' W, thence back to 
the point of origin.

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

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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 finding is based on the fact that 
the waters encompassed by the proposed Safety Zone are not frequented 
by commercial navigation, and the zone is small in size and short in 
duration.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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 this portion of Lake Washington during the time 
this regulation is in effect. The zone will not have a significant 
economic impact because it is limited in size and short in duration. 
The only vessels likely to be impacted will be recreational boaters and 
small passenger vessel operators.
    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.

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 the establishment of a safety zone. 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. 1226, 1231; 46 U.S.C. Chapters 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L.

[[Page 20855]]

107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add section 165.T13-244 to read as follows:


Sec.  165.T13-244  Safety Zone; Marine Week Air Ground Demonstration, 
Lake Washington; Seattle, WA.

    (a) Locations. The following areas are designated as a safety zone:
    (1) Marine Air Ground Task Force Demonstration Area: All waters of 
Lake Washington encompassed by the following points: 47[deg]33'50'' N, 
122[deg]14'51'' W, thence northwesterly to 47[deg]35'12'' N, 
122[deg]16'25'' W, thence southwesterly to 47[deg]34'56'' N, 
122[deg]17'9'' W; thence southeasterly along the shoreline to 
47[deg]33'32'' N, 122[deg]15'50'' W, thence northwesterly back to the 
point of origin.
    (2) Access Lane: All waters of Lake Washington encompassed by the 
following points: 47[deg]34'49'' N, 122[deg]14'58'' W, thence 
northwesterly to 47[deg]34'59'' N, 122[deg]15'10'' W, thence 
southwesterly to 47[deg]34'41'' N, 122[deg]15'49'' W; thence 
southeasterly to 47[deg]34'27'' N, 122[deg]15'34'' W, thence back to 
the point of origin.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, Subpart C, no person or vessel may enter or remain in the 
safety zone created by this section without the permission of the 
Captain of the Port or his Designated Representative. Designated 
Representatives are Coast Guard Personnel authorized by the Captain of 
the Port to grant persons or vessels permission to enter or remain in 
the safety zones created by this section. See 33 CFR part 165, Subpart 
C, for additional information and requirements. The COTP may be 
assisted by other federal, state or local agencies with the enforcement 
of this safety zone.
    (c) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the COTP or a Designated 
Representative by contacting the on-scene Coast Guard patrol craft on 
VHF 13 or Ch 16. Requests must include the reason why movement within 
this area is necessary. Vessel operators granted permission to enter 
the safety zone shall transit at the minimum speed necessary to 
maintain course.
    (d) Effective Period. This rule is effective from 6:00 a.m. on 
August 9, 2013 through 11:59 p.m. on August 11, 2013.

    Dated: March 4, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-08039 Filed 4-5-13; 8:45 am]
BILLING CODE 9110-04-P