Safety Zones; Hydroplane Races Within the Captain of the Port Puget Sound Area of Responsibility, 2833-2836 [2010-764]
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Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Proposed Rules
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979), and
3. 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.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
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 AD:
McDonnell Douglas Corporation: Docket No.
FAA–2010–0043; Directorate Identifier
2009–NM–128–AD.
Comments Due Date
(a) We must receive comments by March 5,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas
Corporation Model DC–10–10, DC–10–10F,
and MD–10–10F airplanes, certificated in any
category, as specified in Boeing Alert Service
Bulletin DC10–57A157, dated May 12, 2009.
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Subject
(d) Air Transport Association (ATA) of
America Code 57: Wings.
Unsafe Condition
(e) This AD results from a report of three
instances of Model DC–10–10F airplanes
having fuel leaks in the wing rear spar lower
cap at station Xors=345. The Federal
Aviation Administration is issuing this AD to
prevent cracking in the spar cap, which
could lead to cracking of the lower wing skin,
fuel leaks, and the inability of the structure
to sustain limit load.
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Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
(g) Within 3,000 flight cycles after the
effective date of this AD, do a one-time high
frequency eddy current inspection for
cracking of fastener holes at the left and right
side wing rear spar lower cap at station
Xors=345, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin DC10–57A157, dated May
12, 2009.
(1) If no cracking is found, before further
flight, cold work open holes and install new
second oversize fasteners and nut assemblies
in the left and right side wing rear spar lower
cap, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
DC10–57A157, dated May 12, 2009.
(2) If any cracking is found during any
inspection required by this AD, before further
flight, repair the left and right side wing rear
spar lower cap using a method approved in
accordance with the procedures specified in
paragraph (h) of this AD.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to ATTN: Carl
Fountain, Aerospace Engineer, Airframe
Branch, ANM–120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood,
California 90712–4137; telephone (562) 627–
5322; fax (562) 627–5210.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane and 14
CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on January
8, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–699 Filed 1–15–10; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Inspection
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[Docket No. USCG–2009–0996]
RIN 1625–AA00
Safety Zones; Hydroplane Races
Within the Captain of the Port Puget
Sound Area of Responsibility
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish permanent safety zones for
Hydroplane Races to take place on
various dates on the waters of Dyes
Inlet, Port Angeles and Lake
Washington, WA. When these safety
zones are activated, and thus subject to
enforcement, this rule would limit the
movement of non-participating vessels
within the established race areas while
hydroplane races are taking place. This
proposed rule is needed to ensure the
safety of the maritime public from
inherent dangers associated with highspeed watercraft races on navigable
waterways during these events.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 22, 2010. Requests for
public meetings must be received by the
Coast Guard on or before 45 days after
date of publication in the Federal
Register.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0996 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail ENS Ashley M.
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Wanzer, Waterways Management,
Sector Seattle, Coast Guard; telephone
206–217–6175, e-mail
SectorSeattleWWM@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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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.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0996),
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 (via 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 via
www.regulations.gov, 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 e-mail
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, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–0996’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 8c 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
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change the rule based on your
comments.
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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
0996’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
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).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before 45 days after date
of publication in the Federal Register
using one of the four 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.
Washington, WA to protect the public
from the inherent dangers associated
with hydroplane races. The first safety
zone is located at the northern section
of Dyes inlet, west of Port Orchard, WA
(all waters north of a line from point 47–
37.36N 122–42.29W to 47–37.74N 122–
40.64W (NAD 1983)); the second is
located at Port Angeles, south of Ediz’s
Hook, Port Angeles, WA (All waters
within the following points: 48–07.4N
123–25.57W; 48–07.43N 123–24.58W;
48–07.2N 123–25.52W; 48–07.25N 123–
24.57W0 (NAD 1983)); and the third
safety zone is located on Lake
Washington, south of interstate 90
bridge and north of Andrew’s Bay, WA
(all waters east of the shoreline within
the following points: 47°34.15′ N,
122°16.40′ W; 47°34.31′ N, 122°15.96′
W; 47°35.18′ N, 122°16.31′ W; 47°35.00′
N, 122°16.71′ W (NAD 1983)).
These safety zones are minimal in size
and will be subject to enforcement only
during hydroplane racing activities,
historically 12 hours or less, with the
purpose of most effectively providing
safety for participants and to other
waterway users. We expect races to
occur multiple times throughout the
year. Notification of the activation of the
safety zone will be provided to the
public via broadcast notice to mariners
and an on-scene Patrol Commander will
be present, allowing commercial vessels
to transit the regulated area when safe
to do so. Additionally, these safety
zones are located in remote locations
resulting in a minimal impact to other
waterway users.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Background and Purpose
The Coast Guard is establishing three
permanent safety zones on the
waterways of Port Angeles, Dyes Inlet
and Lake Washington, WA. These zones
are necessary to ensure unencumbered
access for rescuers in the event of an
emergency and to ensure public safety
from the numerous dangers associated
with high speed watercraft races.
Designating these three areas as
hydroplane race areas expedites the
process of activating the safety zones for
these events to more effectively ensure
the safety of the maritime public.
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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. This rule is not a significant
regulatory action because it will be
enforced for short periods of time in
small remote areas which are not
considered high-density vessel traffic
areas.
Discussion of Proposed Rule
This proposed rule will create three
permanent safety zones on the waters of
Dyes Inlet, Port Angeles and Lake
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
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a significant economic impact on a
substantial number of small entities.
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
would not have a significant economic
impact on a substantial number of small
entities. This rule will affect the
following small entities: The owners or
operators of vessels intending to transit
or anchor within the safety zone while
enforced on the waters of northern Dyes
Inlet, Port Angeles and Lake
Washington, Washington. This rule will
not have a significant economic impact
on a substantial number of small entities
due to its short duration, small area and
the ability of the on-scene Patrol
Commander to allow commercial
vessels to transit the regulated area
when safe to do so. The only vessels
likely to be impacted will be
recreational boaters. Because the impact
of this proposed rule is expected to be
minimal, the Coast Guard certifies
under 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that
this rule will not have a significant
impact on a substantial number of small
entities.
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.
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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 so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 ENS Ashley
M. Wanzer, Waterways Management,
Sector Seattle, Coast Guard; telephone
206–217–6175, e-mail
SectorSeattleWWM@uscg.mil. 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.
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Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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.
Protection of Children
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.
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
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2835
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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 which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a safety zone to
protect the public from the dangers
associated with hydroplane racing.
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Therefore, this rule is expected to be
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation. 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
1. The authority citation for Part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 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.
2. Add § 165.xxxx to read as follows:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
§ 165.xxxx Safety Zones; Hydroplane
Races within the Captain of the Port Puget
Sound Area of Responsibility.
(a) Location. The following areas are
safety zones for the purpose of
reoccurring hydroplane races:
(1) The northern section of Dyes inlet,
west of Port Orchard, WA to include all
waters of Dyes Inlet north of a line from
point 47–37.36N 122–42.29W to 47–
37.74N 122–40.64W (NAD 1983).
(2) Port Angeles, south of Ediz’s Hook,
Port Angeles, WA to include all waters
near Port Angeles within the following
points: 48–07.4N 123–25.57W; 48–
07.43N 123–24.58W; 48–07.2N 123–
25.52W; 48–07.25N 123–24.57W (NAD
1983).
(3) Lake Washington, south of
interstate 90 bridge and north of
Andrew’s Bay, WA, to include all
waters of Lake Washington east of the
shoreline within the following points:
47°34.15′ N, 122°16.40′ W; 47°34.31′ N,
122°15.96′ W; 47°35.18′ N, 122°16.31′
W; 47°35.00′ N, 122°16.71′ W (NAD
1983).
(b) Notice of Enforcement or
Suspension of Enforcement. These
safety zones will be activated and thus
subject to enforcement, under the
following conditions: The Coast Guard
must receive and approve a marine
event permit for each hydroplane event
and then the Captain of the Port will
cause notice of the enforcement of these
safety zones to be made by all
appropriate means to effect the widest
publicity among the affected segments
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of the public as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may include but
are not limited to, Broadcast Notice to
Mariners or Local Notice to Mariners.
The Captain of the Port will issue a
Broadcast Notice to Mariners and Local
Notice to Mariners notifying the public
of activation and suspension of
enforcement of these safety zones.
Additionally, an on-scene Patrol
Commander will ensure enforcement of
this safety zone by limiting the transit
of non-participating vessel in the
designated areas described above.
(c) Definitions. As used in this
section, Coast Guard Patrol Commander
means any designated commissioned,
warrant, or petty officer of the Coast
Guard. Additionally, any other Federal,
state or local law enforcement agencies
or private agencies hired by the
sponsoring organization may be
designated by the Coast Guard to fulfill
the role of the on-scene Patrol
Commander. The Patrol Commander is
empowered to control the movement of
vessels on the racecourse and in the
adjoining waters described in paragraph
(a) above when this regulation is in
effect.
Regulations. (1) When these zones are
enforced, non-participant vessels are
prohibited from entering the regulated
area unless authorized by the designated
on-scene Patrol Commander. Spectator
craft may remain in designated spectator
areas but must follow the directions of
the on-scene Patrol Commander.
Spectator craft entering, exiting or
moving within the spectator area must
operate at speeds, which will create a
minimum wake. (2) Emergency
Signaling. A succession of sharp, short
signals by whistle or horn from vessels
patrolling the areas under the discretion
of the Patrol Commander shall serve as
a signal to stop. Vessels signaled shall
stop and shall comply with the orders
of the patrol vessel. Failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
Dated: December 17, 2009.
L.R. Tumbarello,
Commander, U.S. Coast Guard, Captain of
the Port, Puget Sound, Acting.
[FR Doc. 2010–764 Filed 1–15–10; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[CC Docket No. 02–6; FCC 09–96]
Schools and Libraries Universal
Service Support Mechanism
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: In this document, we propose
revising the Federal Communications
Commission’s (Commission) rules
regarding the schools and libraries
universal service support mechanism,
also known as the E-rate program, to
comply with the requirements of the
Protecting Children in the 21st Century
Act. Among other things, the Protecting
Children in the 21st Century Act, titled
Promoting Online Safety in Schools,
revised the Communications Act of
1934, as amended (the Act), by adding
a new certification requirement for
elementary and secondary schools that
have computers with Internet access
and receive discounts under the E-rate
program. We also propose to revise
related Commission rules to reflect
existing statutory language more
accurately.
DATES: Comments on the proposed rules
are due on or before February 18, 2010
and reply comments are due on or
before March 5, 2010. Written
comments on the Paperwork Reduction
Act proposed information collection
requirements should be submitted on or
before March 22, 2010. If you anticipate
that you will be submitting comments,
but find it difficult to do so within the
period of time allowed by this notice,
you should advise the contact listed
below as soon as possible.
ADDRESSES: You may submit comments,
identified by CC Docket No. 02–6, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
• In addition to filing comments with
the Secretary, a copy of any comments
on the Paperwork Reduction Act
information collection requirements
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[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Proposed Rules]
[Pages 2833-2836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-764]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0996]
RIN 1625-AA00
Safety Zones; Hydroplane Races Within the Captain of the Port
Puget Sound Area of Responsibility
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent safety zones
for Hydroplane Races to take place on various dates on the waters of
Dyes Inlet, Port Angeles and Lake Washington, WA. When these safety
zones are activated, and thus subject to enforcement, this rule would
limit the movement of non-participating vessels within the established
race areas while hydroplane races are taking place. This proposed rule
is needed to ensure the safety of the maritime public from inherent
dangers associated with high-speed watercraft races on navigable
waterways during these events.
DATES: Comments and related material must be received by the Coast
Guard on or before March 22, 2010. Requests for public meetings must be
received by the Coast Guard on or before 45 days after date of
publication in the Federal Register.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0996 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail ENS Ashley M.
[[Page 2834]]
Wanzer, Waterways Management, Sector Seattle, Coast Guard; telephone
206-217-6175, e-mail SectorSeattleWWM@uscg.mil. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0996), 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 (via 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 via www.regulations.gov, 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 e-mail 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0996'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8[frac12] 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.
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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0996'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before 45 days after date of publication in the
Federal Register using one of the four 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.
Background and Purpose
The Coast Guard is establishing three permanent safety zones on the
waterways of Port Angeles, Dyes Inlet and Lake Washington, WA. These
zones are necessary to ensure unencumbered access for rescuers in the
event of an emergency and to ensure public safety from the numerous
dangers associated with high speed watercraft races. Designating these
three areas as hydroplane race areas expedites the process of
activating the safety zones for these events to more effectively ensure
the safety of the maritime public.
Discussion of Proposed Rule
This proposed rule will create three permanent safety zones on the
waters of Dyes Inlet, Port Angeles and Lake Washington, WA to protect
the public from the inherent dangers associated with hydroplane races.
The first safety zone is located at the northern section of Dyes inlet,
west of Port Orchard, WA (all waters north of a line from point 47-
37.36N 122-42.29W to 47-37.74N 122-40.64W (NAD 1983)); the second is
located at Port Angeles, south of Ediz's Hook, Port Angeles, WA (All
waters within the following points: 48-07.4N 123-25.57W; 48-07.43N 123-
24.58W; 48-07.2N 123-25.52W; 48-07.25N 123-24.57W0 (NAD 1983)); and the
third safety zone is located on Lake Washington, south of interstate 90
bridge and north of Andrew's Bay, WA (all waters east of the shoreline
within the following points: 47[deg]34.15' N, 122[deg]16.40' W;
47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31' W;
47[deg]35.00' N, 122[deg]16.71' W (NAD 1983)).
These safety zones are minimal in size and will be subject to
enforcement only during hydroplane racing activities, historically 12
hours or less, with the purpose of most effectively providing safety
for participants and to other waterway users. We expect races to occur
multiple times throughout the year. Notification of the activation of
the safety zone will be provided to the public via broadcast notice to
mariners and an on-scene Patrol Commander will be present, allowing
commercial vessels to transit the regulated area when safe to do so.
Additionally, these safety zones are located in remote locations
resulting in a minimal impact to other waterway users.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
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,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. This rule is not a
significant regulatory action because it will be enforced for short
periods of time in small remote areas which are not considered high-
density vessel traffic areas.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have
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a significant economic impact on a substantial number of small
entities. 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 would not have a significant economic impact on a substantial
number of small entities. This rule will affect the following small
entities: The owners or operators of vessels intending to transit or
anchor within the safety zone while enforced on the waters of northern
Dyes Inlet, Port Angeles and Lake Washington, Washington. This rule
will not have a significant economic impact on a substantial number of
small entities due to its short duration, small area and the ability of
the on-scene Patrol Commander to allow commercial vessels to transit
the regulated area when safe to do so. The only vessels likely to be
impacted will be recreational boaters. Because the impact of this
proposed rule is expected to be minimal, the Coast Guard certifies
under 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
that this rule will not have a significant impact on a substantial
number of small entities.
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.
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 ENS Ashley M. Wanzer, Waterways
Management, Sector Seattle, Coast Guard; telephone 206-217-6175, e-mail
SectorSeattleWWM@uscg.mil. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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 which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a safety zone to protect the public from the
dangers associated with hydroplane racing.
[[Page 2836]]
Therefore, this rule is expected to be categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. 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
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 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.
2. Add Sec. 165.xxxx to read as follows:
Sec. 165.xxxx Safety Zones; Hydroplane Races within the Captain of
the Port Puget Sound Area of Responsibility.
(a) Location. The following areas are safety zones for the purpose
of reoccurring hydroplane races:
(1) The northern section of Dyes inlet, west of Port Orchard, WA to
include all waters of Dyes Inlet north of a line from point 47-37.36N
122-42.29W to 47-37.74N 122-40.64W (NAD 1983).
(2) Port Angeles, south of Ediz's Hook, Port Angeles, WA to include
all waters near Port Angeles within the following points: 48-07.4N 123-
25.57W; 48-07.43N 123-24.58W; 48-07.2N 123-25.52W; 48-07.25N 123-24.57W
(NAD 1983).
(3) Lake Washington, south of interstate 90 bridge and north of
Andrew's Bay, WA, to include all waters of Lake Washington east of the
shoreline within the following points: 47[deg]34.15' N, 122[deg]16.40'
W; 47[deg]34.31' N, 122[deg]15.96' W; 47[deg]35.18' N, 122[deg]16.31'
W; 47[deg]35.00' N, 122[deg]16.71' W (NAD 1983).
(b) Notice of Enforcement or Suspension of Enforcement. These
safety zones will be activated and thus subject to enforcement, under
the following conditions: The Coast Guard must receive and approve a
marine event permit for each hydroplane event and then the Captain of
the Port will cause notice of the enforcement of these safety zones to
be made by all appropriate means to effect the widest publicity among
the affected segments of the public as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may include but are not
limited to, Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a Broadcast Notice to Mariners and
Local Notice to Mariners notifying the public of activation and
suspension of enforcement of these safety zones. Additionally, an on-
scene Patrol Commander will ensure enforcement of this safety zone by
limiting the transit of non-participating vessel in the designated
areas described above.
(c) Definitions. As used in this section, Coast Guard Patrol
Commander means any designated commissioned, warrant, or petty officer
of the Coast Guard. Additionally, any other Federal, state or local law
enforcement agencies or private agencies hired by the sponsoring
organization may be designated by the Coast Guard to fulfill the role
of the on-scene Patrol Commander. The Patrol Commander is empowered to
control the movement of vessels on the racecourse and in the adjoining
waters described in paragraph (a) above when this regulation is in
effect.
Regulations. (1) When these zones are enforced, non-participant
vessels are prohibited from entering the regulated area unless
authorized by the designated on-scene Patrol Commander. Spectator craft
may remain in designated spectator areas but must follow the directions
of the on-scene Patrol Commander. Spectator craft entering, exiting or
moving within the spectator area must operate at speeds, which will
create a minimum wake. (2) Emergency Signaling. A succession of sharp,
short signals by whistle or horn from vessels patrolling the areas
under the discretion of the Patrol Commander shall serve as a signal to
stop. Vessels signaled shall stop and shall comply with the orders of
the patrol vessel. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
Dated: December 17, 2009.
L.R. Tumbarello,
Commander, U.S. Coast Guard, Captain of the Port, Puget Sound, Acting.
[FR Doc. 2010-764 Filed 1-15-10; 8:45 am]
BILLING CODE 9110-04-P
