Special Local Regulation; Seattle Seafair Unlimited Hydroplane Race, Lake Washington, WA, 20841-20844 [2014-08235]
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus: Docket No. FAA–2014–0228;
Directorate Identifier 2013–NM–216–AD.
(a) Comments Due Date
We must receive comments by May 29,
2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Model A330–
201, –202, –203, –223, –223F, –243, –243F,
–301, –302, 303, –321, –322, –323, –341,
–342, and –343 airplanes; Model A340–211,
–212, –213, –311, –312, and –313 airplanes;
and Model A340–541 and –642 airplanes,
certificated in any category; all manufacturer
serial numbers (MSN).
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight controls.
(e) Reason
This AD was prompted by reassessment of
an unsafe condition related to MZ-type
spoiler servo-controls (SSCs) that did not
remain locked in the retracted position
(hydraulic locking function) after manual
depressurization of the corresponding
hydraulic circuit. This reassessment resulted
in the determination that performing
repetitive operational tests of all SSC types
is necessary. We are issuing this AD to detect
and correct loss of the hydraulic locking
function during take-off, which, in
combination with one inoperative engine,
could result in reduced controllability of the
airplane.
(f) Compliance
You are responsible for having the actions
required by this AD performed within the
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compliance times specified, unless the
actions have already been done.
(g) Repetitive Operational Tests
(1) At the time specified in paragraph (g)(2)
of this AD: Accomplish an operational test of
the hydraulic locking function on each SSC
(any type), when fitted on the Blue or Yellow
hydraulic circuits, in accordance with the
Accomplishment Instructions of the
applicable service information identified in
paragraph (g)(1)(i), (g)(1)(ii) or (g)(1)(iii) of
this AD. Repeat the operational test thereafter
at intervals not to exceed 48 months.
(i) Airbus Mandatory Service Bulletin
A330–27–3195, dated December 7, 2012 (for
Model A330–200 Freighter, A330–200 and
–300 series airplanes).
(ii) Airbus Mandatory Service Bulletin
A340–27–4188, dated December 7, 2012 (for
Model A340–200, and –300 series airplanes).
(iii) Airbus Mandatory Service Bulletin
A340–27–5059, dated April 10, 2013 (for
Model A340–500 and –600 series airplanes).
(2) At the latest of the times specified in
paragraphs (g)(2)(i), (g)(2)(ii), and (g)(2)(iii) of
this AD, do the operational test specified in
paragraph (g)(1) of this AD.
(i) Within 48 months since first flight of the
airplane.
(ii) Within 48 months since accomplishing
the most recent operational test specified in
the applicable Airbus All Operator Telex
(AOT) A330–27A3185 or AOT A340–
27A4181, both dated January 4, 2012.
(iii) Within 24 months after the effective
date of this AD.
(h) Replacement of Affected SSCs
If, during any operational test required by
paragraph (g)(1) of this AD, the hydraulic
locking function of an SSC fails the test,
before further flight, replace the affected SSC
with a serviceable part, in accordance with
the Accomplishment Instructions of the
applicable service bulletin specified in
paragraph (g)(1)(i), (g)(1)(ii) or (g)(1)(iii) of
this AD.
(i) No Terminating Action
Doing the replacement required by
paragraph (h) of this AD is not terminating
action for the repetitive operational tests
required by paragraph (g) of this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone (425) 227–1138; fax (425) 227–
1149. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
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20841
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer, use these actions if they are
FAA-approved. Corrective actions are
considered FAA-approved if they were
approved by the State of Design Authority (or
its delegated agent, or the DAH with a State
of Design Authority’s design organization
approval). For a repair method to be
approved, the repair approval must
specifically refer to this AD. You are required
to ensure the product is airworthy before it
is returned to service.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information European
Aviation Safety Agency Airworthiness
Directive 2013–0251 dated October 15, 2013;
Correction dated October 16, 2013, for related
information. This MCAI may be found in the
AD docket on the Internet at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2014–0228.
(2) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80; email
airworthiness.A330-A340@airbus.com;
Internet https://www.airbus.com. You may
view this referenced service information at
the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on April 4,
2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–08319 Filed 4–11–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2013–1018]
RIN 1625–AA08
Special Local Regulation; Seattle
Seafair Unlimited Hydroplane Race,
Lake Washington, WA
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend the duration of the special local
regulations for the Seattle Seafair
Unlimited Hydroplane Race by
extending the time frame that is
SUMMARY:
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
currently listed. This proposed change
is necessary in order to correctly reflect
the time frame published by Seafair and
to ensure the effectiveness of the
regulation for the entirety of the event
as outlined in the Seafair Notice to
Boaters.
Comments and related material
must be received by the Coast Guard on
or before June 13, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://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 LTJG, Nathaniel P. Clinger, Coast
Guard Sector Puget Sound, Waterways
Management Division, U.S. Coast
Guard; telephone (206) 217–6045, email
SectorPugetSoundWWM@uscg.mil. 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:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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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 https://
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
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comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
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
https://www.regulations.gov, type the
docket number [USCG–2013–1018] 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 81⁄2 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
https://www.regulations.gov, type the
docket number (USCG- 2013–1018) 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
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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. Regulatory History and Information
On July 2, 2001, the Coast Guard
published a final rule (66 FR 34822) that
established the special local regulations
in 33 CFR 100.1301 for the safe
execution of the Seattle Seafair
Unlimited Hydroplane races on the
waters of Lake Washington.
C. Basis and Purpose
Coast Guard District Commanders are
authorized to promulgate special local
regulations necessary to insure safety of
life on the navigable waters immediately
prior to, during, and immediately after
the approved regatta or marine parade.
This proposed rule amends the
currently listed time in which the rule
is in effect for each day of the Seafair
Unlimited Hydroplane Race event. This
proposed amendment is necessary to
ensure that the regulations in 33 CFR
100.1301 are in effect during and
immediately following the marine
event.
D. Discussion of Proposed Rule
We propose to make stylistic revisions
and amend the effective times listed in
33 CFR 100.1301 by changing the
effective time currently published in the
regulation from 8 a.m. until 8 p.m. to
8:00 a.m. until 11:59 p.m. Pacific
Daylight Time.
E. 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
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13563. The Office of Management and
Budget has not reviewed it under those
Orders. The Coast Guard bases this
finding on the fact that the amendment
of the effective period of the regulation
is not significantly greater in duration
than the effective period currently
established in the regulation.
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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 proposed rule would affect the
following entities, some of which may
be small entities; the owners and
operators of vessels intending to operate
in the waters covered by the special
local regulation while it is in effect. This
proposed rule would not have a
significant economic impact on a
substantial number of small entities
because the amendment of the special
local regulation would increase the
duration of the rule for a minimal
amount of time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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
proposed 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
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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 proposed rule is not an
economically significant rule and would
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20843
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 amendment of the
special local regulation outlined in 33
CFR 100.1301. This proposed rule is
categorically excluded from further
review under paragraph 34(h) 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 100
Special Local Regulations.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233
2. In § 100.1301 revise paragraph (a) to
read as follows:
■
§ 100.1301 Seattle seafair unlimited
hydroplane race.
(a) This section is in effect annually
for one week or less during the last
week in July and the first two weeks of
August. The specific dates that this
section will be in effect will be
published in the Local Notice to
Mariners. This section will be in effect
from 8:00 a.m. until 11:59 p.m. Pacific
Daylight Time, on the dates published
in the Local Notice to Mariners.
*
*
*
*
*
Dated: March 5, 2014.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard,
Commander, Thirteenth Coast Guard District.
[FR Doc. 2014–08235 Filed 4–11–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 140, 141, 142, 143, 144,
145, 146, and 147
46 CFR Parts 10, 11, 12, 13, 14, and 15
[Docket No. USCG–2013–0175]
RIN 1625–AC10
Training of Personnel and Manning on
Mobile Offshore Units and Offshore
Supply Vessels Engaged in U.S. Outer
Continental Shelf Activities
Coast Guard, DHS.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
The Coast Guard is
considering expanding its maritime
safety training requirements to cover all
persons other than crew working on
offshore supply vessels (OSVs) and
mobile offshore units (MOUs) engaged
in activities on the U.S. Outer
Continental Shelf (OCS), regardless of
flag. This is necessary to enhance
personnel preparedness for responding
to emergencies such as fire, personal
injury, and abandon ship situations in
hazardous environments. We seek
comments on the following topics: the
sufficiency of existing maritime safety
training and the value of additional
maritime safety training for maritime
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SUMMARY:
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crew and persons other than crew on
OSVs and MOUs; an MOU’s safety
organizational structure (defining levels
of authority and lines of
communication); the professional
education and service requirements for
industrial officers on MOUs; the
sufficiency of manning regulations on
MOUs and OSVs; and any available
economic data on current labor market
trends and conditions as well as the
current costs, benefits, and effectiveness
of mandated maritime safety training
courses and programs for maritime crew
and persons other than crew.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before July 14, 2014 or reach the
Docket Management Facility by that
date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0175 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this advance
notice of proposed rulemaking, call or
email Mr. Gerald Miante, Maritime
Personnel Qualifications Division (CG–
OES–1), U.S. Coast Guard, 2703 Martin
Luther King Jr. Avenue SE.,
Washington, DC 20593; telephone 202–
372–1407, or email gerald.p.miante@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
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D. Public Meeting
II. Abbreviations
III. Background
A. General
B. Outer Continental Shelf Lands Act
C. Coast Guard’s Relationship to the
Bureau of Safety and Environmental
Enforcement
D. The BSEE’s Safety Regulations
E. Offshore Supply Vessels
F. Mobile Offshore Drilling Units
G. Manning
IV. Advance Notice of Proposed Rulemaking
Discussion
A. Maritime Safety Training for Persons
Other Than Crew on Offshore upply
Vessels and Mobile Offshore Units
B. Safety Organizational Structure
C. Officers on Mobile Offshore Drilling
Units
D. Manning
V. Information Requested
A. Maritime Safety Training for Persons
Other Than Crew on Offshore Supply
Vessels and Mobile Offshore Units
B. Safety Organizational Structure
C. Officers on Mobile Offshore Drilling
Units
D. Manning
E. Economic Data
F. Regulatory Coordination With Other
Federal Agencies
I. Public Participation and Request for
Comments
We encourage you to respond to this
advance notice of proposed rulemaking
(ANPRM) by submitting comments and
related materials. All comments
received will be posted, without change,
to https://www.regulations.gov and will
include any personal information you
have provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2013–0175),
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 or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an email address, or a phone
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
https://www.regulations.gov and insert
‘‘USCG–2013–0175’’ in the ‘‘Search’’
box. Click on ‘‘Submit a Comment’’ in
the ‘‘Actions’’ column. If you submit
your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them by mail and
would like to know that they reached
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]]>Agencies
[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20841-20844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08235]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2013-1018]
RIN 1625-AA08
Special Local Regulation; Seattle Seafair Unlimited Hydroplane
Race, Lake Washington, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to amend the duration of the special
local regulations for the Seattle Seafair Unlimited Hydroplane Race by
extending the time frame that is
[[Page 20842]]
currently listed. This proposed change is necessary in order to
correctly reflect the time frame published by Seafair and to ensure the
effectiveness of the regulation for the entirety of the event as
outlined in the Seafair Notice to Boaters.
DATES: Comments and related material must be received by the Coast
Guard on or before June 13, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://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 LTJG, Nathaniel P. Clinger, Coast Guard Sector Puget
Sound, Waterways Management Division, U.S. Coast Guard; telephone (206)
217-6045, email SectorPugetSoundWWM@uscg.mil. 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 https://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
https://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 https://www.regulations.gov,
type the docket number [USCG-2013-1018] 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 https://www.regulations.gov,
type the docket number (USCG- 2013-1018) 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. Regulatory History and Information
On July 2, 2001, the Coast Guard published a final rule (66 FR
34822) that established the special local regulations in 33 CFR
100.1301 for the safe execution of the Seattle Seafair Unlimited
Hydroplane races on the waters of Lake Washington.
C. Basis and Purpose
Coast Guard District Commanders are authorized to promulgate
special local regulations necessary to insure safety of life on the
navigable waters immediately prior to, during, and immediately after
the approved regatta or marine parade. This proposed rule amends the
currently listed time in which the rule is in effect for each day of
the Seafair Unlimited Hydroplane Race event. This proposed amendment is
necessary to ensure that the regulations in 33 CFR 100.1301 are in
effect during and immediately following the marine event.
D. Discussion of Proposed Rule
We propose to make stylistic revisions and amend the effective
times listed in 33 CFR 100.1301 by changing the effective time
currently published in the regulation from 8 a.m. until 8 p.m. to 8:00
a.m. until 11:59 p.m. Pacific Daylight Time.
E. 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
[[Page 20843]]
13563. The Office of Management and Budget has not reviewed it under
those Orders. The Coast Guard bases this finding on the fact that the
amendment of the effective period of the regulation is not
significantly greater in duration than the effective period currently
established in the regulation.
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 proposed rule would affect the following entities, some of
which may be small entities; the owners and operators of vessels
intending to operate in the waters covered by the special local
regulation while it is in effect. This proposed rule would not have a
significant economic impact on a substantial number of small entities
because the amendment of the special local regulation would increase
the duration of the rule for a minimal amount of time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed 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 proposed 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 amendment of the special local regulation outlined in 33
CFR 100.1301. This proposed rule is categorically excluded from further
review under paragraph 34(h) 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 100
Special Local Regulations.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
[[Page 20844]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
0
2. In Sec. 100.1301 revise paragraph (a) to read as follows:
Sec. 100.1301 Seattle seafair unlimited hydroplane race.
(a) This section is in effect annually for one week or less during
the last week in July and the first two weeks of August. The specific
dates that this section will be in effect will be published in the
Local Notice to Mariners. This section will be in effect from 8:00 a.m.
until 11:59 p.m. Pacific Daylight Time, on the dates published in the
Local Notice to Mariners.
* * * * *
Dated: March 5, 2014.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2014-08235 Filed 4-11-14; 8:45 am]
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