[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43646-43648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17688]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0574]
RIN 1625-AA00


Safety Zone, Marine Week Seattle Seahawks Demonstration, Lake 
Washington; Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Marine 
Week Seattle Seahawks Demonstration area on Lake Washington, Seattle, 
WA. This event will occur on July 30, 2014 and July 31, 2014. This 
action is necessary to protect participants and the maritime public 
from the safety hazards associated with this event, which involves low 
flying aircraft, combat equipment, and other on-water displays, and 
will do so 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: This rule is effective from July 30, 2014 through July 31, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0574]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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 20590-0001, between 9 a.m. and 5 
p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Johnny Zeng, Coast Guard Sector Puget Sound, 
Waterways Management Division; telephone (206) 217-6175, 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. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because to do so would be impracticable due to the 
insufficient time available for notice and opportunity to comment prior 
to the dates of the actual event and the inability for the event to be 
rescheduled.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delayed promulgation would 
eliminate the safety zone's effectiveness and usefulness in protecting 
event participants and the maritime public during the scheduled event.

B. Basis and Purpose

    The legal basis for this temporary rule is 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 and 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define and establish 
regulatory safety zones.
    The Marine Corps will be conducting an aerial and on-water 
demonstration in support of Marine Week. The event involves low flying 
aircraft, combat equipment, and other on-water displays, which will 
take place immediately offshore from the Seattle Seahawks training 
facility on Lake Washington, Seattle, WA. The safety zone is necessary 
to protect event participants and the maritime public from the safety 
hazards associated with this event.

[[Page 43647]]

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone on all waters 
encompassed by the following points: 47[deg]32'19'' N, 122[deg]12'14'' 
W, thence southeasterly to 47[deg]32'11'' N, 122[deg]11'56'' W, thence 
southwesterly along the shoreline to 47[deg]31'58'' N, 122[deg]12'11'' 
W, thence northwesterly to 47[deg]32'01'' N, 122[deg]12'29'' W, thence 
northeasterly back to the point of origin.
    Vessels wishing to enter the safety zone must request permission 
for entry by contacting the Joint Harbor Operations Center at (206) 
217-6175, or the on-scene patrol craft via VHF-FM Ch 13. If permission 
for entry is granted vessels must proceed at a minimum speed for safe 
navigation.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This 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 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 zones 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 them 
with the permission from the Captain of the Port or a Designated 
Representative.

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 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 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 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 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 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 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 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 action 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 43648]]

14. Environment

    We have analyzed this 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a temporary safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental 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 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 amends 
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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T13-274 to read as follows:


Sec.  165.T13-274   Safety Zone; Marine Week Seattle Seahawks 
Demonstration, Lake Washington; Seattle, WA.

    (a) Location. The following area is designated as a safety zone: 
All waters encompassed by the following points: 47[deg]32'19'' N, 
122[deg]12'14'' W, thence southeasterly to 47[deg]32'11'' N, 
122[deg]11'56'' W, thence southwesterly along the shoreline to 
47[deg]31'58'' N, 122[deg]12'11'' W, thence northwesterly to 
47[deg]32'01'' N, 122[deg]12'29'' W, thence northeasterly 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 zone created by this section. See 33 CFR part 165, Subpart 
C, for additional information and requirements. Vessels wishing to 
enter the zone must request permission for entry by contacting the 
Joint Harbor Operations Center at (206) 217-6175, or the on-scene 
patrol craft via VHF-FM Ch 13. If permission for entry is granted 
vessels must proceed at a minimum speed for safe navigation.
    (c) Enforcement Period. This rule is effective from 7:00 a.m. until 
10:00 a.m. on July 30, 2014, and from 11:00 a.m. until 2:00 p.m. on 
July 31, 2014.

    Dated: July 11, 2014.
M. W. Raymond,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2014-17688 Filed 7-25-14; 8:45 am]
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