Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliott Bay, Seattle, WA, 8563-8566 [2010-3834]
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules
installation of the lock wire of the end cap,
and replace it with a serviceable selector
valve as applicable, in accordance with the
Accomplishment Instructions in the
applicable service bulletin listed in Table 3
of this AD.
(3) Doing the actions before the effective
date of this AD in accordance with the
applicable service bulletin listed in Table 4
of this AD is acceptable for compliance with
the corresponding actions specified in this
AD.
TABLE 4—CREDIT SERVICE BULLETINS
Revision
level
Service Bulletin
Bombardier Service Bulletin 600–0721 .......................................................................................................
Bombardier Service Bulletin 601–0558 .......................................................................................................
Bombardier Service Bulletin 604–32–021 ...................................................................................................
FAA AD Differences
Issued in Renton, Washington, on February
17, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
Note 4: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
[FR Doc. 2010–3827 Filed 2–24–10; 8:45 am]
(j) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, 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:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228–7300; fax (516)
794–5531. 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.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
BILLING CODE 4910–13–P
sroberts on DSKD5P82C1PROD with PROPOSALS
Related Information
(k) Refer to MCAI Canadian Airworthiness
Directive CF–2009–21R1, dated May 20,
2009; Bombardier Service Bulletin 600–0721,
Revision 03, dated February 23, 2009;
Bombardier Service Bulletin 601–0558,
Revision 03, dated February 23, 2009; and
Bombardier Service Bulletin 604–32–021,
Revision 04, dated February 23, 2009; for
related information.
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17:18 Feb 24, 2010
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0062]
RIN 1625–AA00
Safety Zone; Fleet Week Maritime
Festival, Pier 66, Elliott Bay, Seattle,
WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The U.S. Coast Guard is
proposing to establish a permanent
safety zone on all waters extending 100
yards from Pier 66, Elliot Bay, WA to
ensure adequate safety of the boating
public during multiple naval and aerial
spectator events associated with the
annual Fleet Week Maritime Festival.
Entry into, transit through, mooring, or
anchoring within these zones is
prohibited unless authorized by the
Captain of the Port, Puget Sound or
Designated Representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 26, 2010. Requests for
public meetings must be received by the
Coast Guard on or before March 29,
2010.
You may submit comments
identified by docket number USCG–
2010–0062 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
ADDRESSES:
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Date
02
02
03
June 16, 2008.
June 16, 2008.
June 16, 2008.
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 temporary
rule, call or e-mail Ensign Ashley M.
Wanzer, USCG Sector Seattle
Waterways Management Division, Coast
Guard; telephone 206–217–6175, e-mail
SectorSeattleWWM@uscg.mil. If you
have questions on viewing 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–2010–0062),
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
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules
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–2010–0062’’ 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 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.
sroberts on DSKD5P82C1PROD with PROPOSALS
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–2010–
0062’’ 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).
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17:18 Feb 24, 2010
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Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before 30 days after
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.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact Ensign Ashley
M. Wanzer at the telephone number or
e-mail address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Background and Purpose
The U.S. Coast Guard is proposing to
establish a permanent safety zone on all
waters extending 100 yards from Pier
66, Elliot Bay, WA to ensure adequate
safety for the public during multiple
naval and aerial spectator events
associated with the annual Fleet Week
Maritime Festival. This safety zone is
necessary as these events have
historically resulted in vessel
congestion near Pier 66, Elliot Bay, WA
which adversely compromises
participant and spectator safety. This
safety zone is also necessary to ensure
the safety of participant vessels through
providing unobstructed vessel traffic
lanes to ensure unobstructed access to
emergency response craft in the event of
an emergency. The Captain of the Port,
Puget Sound may be assisted by other
federal and local agencies in the
enforcement of this safety zone.
The Captain of the Port, Puget Sound
will give notice of the enforcement of
the safety zone by all appropriate means
to provide the widest publicity among
the affected segments of the public. This
will include publication in the Local
Notice to Mariners and Marine
Information Broadcasts. The public will
also be notified of Festival events by
local newspapers, radio and television
stations. These various methods of
notification will facilitate informing
mariners so they may adjust their plans
accordingly.
Each year the Fleet Week Maritime
Festival occurs in the same location and
time period, and involves multiple
naval and aerial spectator events. The
proposed permanent safety zone will be
used to control vessel movement within
a specified distance surrounding the
Festival activities to ensure the safety of
persons and property. An on-scene
patrol commander may allow persons
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within the safety zone if conditions
permit.
This proposed safety zone will be
enforced from 8 a.m. until 8 p.m., prior
to and immediately following events
associated with the annual Fleet Week
Maritime Festival, scheduled for either
the last weekend in July or the first
weekend in August. However, vessels
may enter, remain in, or transit through
the safety zone during this timeframe if
authorized by the Captain of the Port or
designated on-scene patrol commander.
This proposed rule is necessary to
protect the safety of life and property on
navigable waters during the annual
Fleet Week Maritime Festival events
and provide the marine community
information on the safety zone location,
size and length of time the zone will be
active.
Discussion of Proposed Rule
This proposed rule will create a
permanent safety zone to control the
movement of all vessels and persons on
all waters extending 100 yards from Pier
66, Elliot Bay, WA, encompassed by the
points, 47°36.70′ N & 122°21.07′ W,
47°36.68′ N & 122°21.13′ W, 47°36.53′ N
& 122°20.86′ W, and 47°36.55′ N &
122°20.81′ W (NAD 1983). This safety
zone is necessary to adequately provide
necessary protection to people and
national assets participating in the
annual Fleet Week Maritime Festival.
This safety zone will be delineated by
the presence of on-scene patrol craft.
This is the most effective mechanism to
establish the boundaries of the safety
zone while providing unencumbered
access for rescue craft in the event of an
emergency.
The Coast Guard will provide notice
to the public of enforcement of this zone
through both the Local Notice to
Mariners and marine information
broadcast on the day of the event.
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 proposed rule is not a
significant regulatory action because the
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Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
power and responsibilities between the
Federal Government and Indian tribes.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
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 proposed rule will affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to transit
a portion of the Puget Sound while this
rule is enforced. This safety zone will
not have a significant economic impact
on a substantial number of small entities
for the following reasons. This
temporary rule will be in effect for
minimal times when vessel traffic
volume is low and are limited in size.
If safe to do so, traffic will be allowed
to pass through the zone with the
permission of the Captain of the Port or
Designated Representative.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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period of enforcement and size of this
security zone is minimal.
Federalism
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.
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
process. 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
Ensign Ashley Wanzer. 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
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17:18 Feb 24, 2010
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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
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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 multiple naval and aerial
spectator events associated with the
annual Fleet Week Maritime Festival.
We seek any comments or information
that may lead to the discovery of a
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules
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.
Chapters 701; 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add § 165.1330 to read as follows:
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§ 165.1330 Safety Zone; Fleet Week
Maritime Festival, Pier 66, Elliott Bay,
Seattle, WA.
(a) Location. The following area is a
safety zone: All waters extending 100
yards from Pier 66, Elliot Bay, WA
within a box encompassed by the
points, 47°36.70′ N & 122°21.07′ W,
47°36.68′ N & 122°21.13′ W, 47°36.53′ N
& 122°20.86′ W, and 47°36.55′ N &
122°20.81′ W (NAD 1983). This safety
zone does not extend on land.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no vessel may enter,
transit, moor, or anchor within this
safety zone, except for vessels
authorized by the Captain of the Port or
Designated Representative. The Captain
of the Port may be assisted by other
federal, state, or local agencies as
needed.
(c) Authorization. In order to transit
through this safety zone, authorization
must be granted by the Captain of the
Port Puget Sound or Designated
Representative. All vessel operators
desiring entry into this safety zone shall
gain authorization by contacting either
the on-scene U.S. Coast Guard patrol
craft on VHF Ch 13 or Ch 16, or Coast
Guard Sector Seattle Joint Harbor
Operations Center (JHOC) via telephone
at (206) 217–6452. Requests shall
indicate the reason why movement
within the safety zone is necessary, and
the vessel’s arrival and/or departure
facility name, pier and/or berth. Vessel
operators granted permission to enter
this safety zone will be escorted by the
on-scene patrol until no longer within
the safety zone.
(d) Enforcement Period. This rule is
effective during the day of the Fleet
Week Maritime Festival occurring on
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either the last weekend in July or the
first weekend in August, and will be
enforced from 8 a.m. until 8 p.m. unless
cancelled sooner by the Captain of the
Port.
Dated: February 4, 2010.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2010–3834 Filed 2–24–10; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0063]
RIN 1625–AA00
Safety Zones; Annual Firework
Displays Within the Captain of the
Port, Puget Sound Area of
Responsibility
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish multiple permanent safety
zones to ensure public safety during
annual firework displays at various
locations the Captain of the Port, Puget
Sound Area of Responsibility (AOR).
When these safety zones are activated,
and thus subject to enforcement, this
rule would limit the movement of
vessels within the established firework
display areas. This action is necessary to
prevent injury and to protect life and
property of the maritime public from the
hazards associated with firework
displays. Entry into, transit through,
mooring, or anchoring within these
zones during times of enforcement is
prohibited unless authorized by the
Captain of the Port, Puget Sound or
Designated Representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 26, 2010. Requests for
public meetings must be received by the
Coast Guard on or before March 29,
2010.
SUMMARY:
You may submit comments
identified by docket number USCG–
2010–0063 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
ADDRESSES:
PO 00000
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Fmt 4702
Sfmt 4702
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 temporary
rule, call or e-mail Ensign Ashley M.
Wanzer, USCG Sector Seattle
Waterways Management Division, Coast
Guard; telephone 206–217–6175, e-mail
SectorSeattleWWM@uscg.mil. If you
have questions on viewing 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–2010–0063),
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 https://
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
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]]>Agencies
[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Proposed Rules]
[Pages 8563-8566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3834]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0062]
RIN 1625-AA00
Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliott Bay,
Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Coast Guard is proposing to establish a permanent
safety zone on all waters extending 100 yards from Pier 66, Elliot Bay,
WA to ensure adequate safety of the boating public during multiple
naval and aerial spectator events associated with the annual Fleet Week
Maritime Festival. Entry into, transit through, mooring, or anchoring
within these zones is prohibited unless authorized by the Captain of
the Port, Puget Sound or Designated Representative.
DATES: Comments and related material must be received by the Coast
Guard on or before May 26, 2010. Requests for public meetings must be
received by the Coast Guard on or before March 29, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0062 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
temporary rule, call or e-mail Ensign Ashley M. Wanzer, USCG Sector
Seattle Waterways Management Division, Coast Guard; telephone 206-217-
6175, e-mail SectorSeattleWWM@uscg.mil. If you have questions on
viewing 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-2010-0062), 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
[[Page 8564]]
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-2010-0062'' 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\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.
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-2010-0062'' 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 30 days after 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.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Ensign Ashley M. Wanzer at the telephone number or e-mail
address indicated under the FOR FURTHER INFORMATION CONTACT section of
this notice.
Background and Purpose
The U.S. Coast Guard is proposing to establish a permanent safety
zone on all waters extending 100 yards from Pier 66, Elliot Bay, WA to
ensure adequate safety for the public during multiple naval and aerial
spectator events associated with the annual Fleet Week Maritime
Festival. This safety zone is necessary as these events have
historically resulted in vessel congestion near Pier 66, Elliot Bay, WA
which adversely compromises participant and spectator safety. This
safety zone is also necessary to ensure the safety of participant
vessels through providing unobstructed vessel traffic lanes to ensure
unobstructed access to emergency response craft in the event of an
emergency. The Captain of the Port, Puget Sound may be assisted by
other federal and local agencies in the enforcement of this safety
zone.
The Captain of the Port, Puget Sound will give notice of the
enforcement of the safety zone by all appropriate means to provide the
widest publicity among the affected segments of the public. This will
include publication in the Local Notice to Mariners and Marine
Information Broadcasts. The public will also be notified of Festival
events by local newspapers, radio and television stations. These
various methods of notification will facilitate informing mariners so
they may adjust their plans accordingly.
Each year the Fleet Week Maritime Festival occurs in the same
location and time period, and involves multiple naval and aerial
spectator events. The proposed permanent safety zone will be used to
control vessel movement within a specified distance surrounding the
Festival activities to ensure the safety of persons and property. An
on-scene patrol commander may allow persons within the safety zone if
conditions permit.
This proposed safety zone will be enforced from 8 a.m. until 8
p.m., prior to and immediately following events associated with the
annual Fleet Week Maritime Festival, scheduled for either the last
weekend in July or the first weekend in August. However, vessels may
enter, remain in, or transit through the safety zone during this
timeframe if authorized by the Captain of the Port or designated on-
scene patrol commander.
This proposed rule is necessary to protect the safety of life and
property on navigable waters during the annual Fleet Week Maritime
Festival events and provide the marine community information on the
safety zone location, size and length of time the zone will be active.
Discussion of Proposed Rule
This proposed rule will create a permanent safety zone to control
the movement of all vessels and persons on all waters extending 100
yards from Pier 66, Elliot Bay, WA, encompassed by the points,
47[deg]36.70' N & 122[deg]21.07' W, 47[deg]36.68' N & 122[deg]21.13' W,
47[deg]36.53' N & 122[deg]20.86' W, and 47[deg]36.55' N &
122[deg]20.81' W (NAD 1983). This safety zone is necessary to
adequately provide necessary protection to people and national assets
participating in the annual Fleet Week Maritime Festival. This safety
zone will be delineated by the presence of on-scene patrol craft. This
is the most effective mechanism to establish the boundaries of the
safety zone while providing unencumbered access for rescue craft in the
event of an emergency.
The Coast Guard will provide notice to the public of enforcement of
this zone through both the Local Notice to Mariners and marine
information broadcast on the day of the event.
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 proposed rule is not
a significant regulatory action because the
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period of enforcement and size of this security zone is minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have 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 proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit a portion of the Puget Sound while this rule is
enforced. This safety zone will not have a significant economic impact
on a substantial number of small entities for the following reasons.
This temporary rule will be in effect for minimal times when vessel
traffic volume is low and are limited in size. If safe to do so,
traffic will be allowed to pass through the zone with the permission of
the Captain of the Port or Designated Representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 process.
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 Ensign Ashley
Wanzer. 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 multiple naval and aerial spectator events associated
with the annual Fleet Week Maritime Festival. We seek any comments or
information that may lead to the discovery of a
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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. Chapters 701; 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
2. Add Sec. 165.1330 to read as follows:
Sec. 165.1330 Safety Zone; Fleet Week Maritime Festival, Pier 66,
Elliott Bay, Seattle, WA.
(a) Location. The following area is a safety zone: All waters
extending 100 yards from Pier 66, Elliot Bay, WA within a box
encompassed by the points, 47[deg]36.70' N & 122[deg]21.07' W,
47[deg]36.68' N & 122[deg]21.13' W, 47[deg]36.53' N & 122[deg]20.86' W,
and 47[deg]36.55' N & 122[deg]20.81' W (NAD 1983). This safety zone
does not extend on land.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor
within this safety zone, except for vessels authorized by the Captain
of the Port or Designated Representative. The Captain of the Port may
be assisted by other federal, state, or local agencies as needed.
(c) Authorization. In order to transit through this safety zone,
authorization must be granted by the Captain of the Port Puget Sound or
Designated Representative. All vessel operators desiring entry into
this safety zone shall gain authorization by contacting either the on-
scene U.S. Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast
Guard Sector Seattle Joint Harbor Operations Center (JHOC) via
telephone at (206) 217-6452. Requests shall indicate the reason why
movement within the safety zone is necessary, and the vessel's arrival
and/or departure facility name, pier and/or berth. Vessel operators
granted permission to enter this safety zone will be escorted by the
on-scene patrol until no longer within the safety zone.
(d) Enforcement Period. This rule is effective during the day of
the Fleet Week Maritime Festival occurring on either the last weekend
in July or the first weekend in August, and will be enforced from 8
a.m. until 8 p.m. unless cancelled sooner by the Captain of the Port.
Dated: February 4, 2010.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-3834 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-15-P
