Special Local Regulation, Underwater Music Festival, Carr Inlet, Cutts Island, WA, 38236-38239 [2012-15640]
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Proposed Rules
foreign persons. The Commission
anticipates an increase in
competitiveness due to the fact that
more customers would use the swap
markets as a result of this rule. An
increased participation in a market
would also serve to increase liquidity,
as well as competition, in that market.
(3) Price discovery.
The Commission does not anticipate
the proposed rule to have any
significant effect on price discovery in
the market.
(4) Sound risk management practices.
The Commission does not anticipate
the proposed rule to have any
significant effect on risk management
practices.
(5) Other public interest
considerations.
The Commission has not identified
any other public interest considerations
regarding the proposed rule.
The Commission requests comments
on its cost and benefit considerations
with respect to the proposed rule, and
any alternatives. The Commission
specifically requests that commenters
provide data from which the
Commission may quantify the costs or
benefits of the proposed rule.
IV. Rule Text
List of Subjects in 17 CFR Part 43
Large notional off-facility trades,
Block trades, Appropriate minimum
block sizes, Real-time public reporting,
Public dissemination, Cap size,
Anonymity, Swap category.
For the reasons stated in the
preamble, the Commodity Futures
Trading Commission proposes to amend
17 CFR part 43 as set forth below:
PART 43—[AMENDED]
1. The authority citation for part 43
shall continue to read as follows:
Authority: 7 U.S.C. 2(a), 12a(5) and 24a,
amended by Pub. L. 111–203, 124 Stat. 1376
(2010).
2. Add section 43.6(h)(6) to part 43 to
read as follows:
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 43.6(h)(6)
Aggregation.
Except as otherwise stated in this
paragraph, the aggregation of orders for
different accounts in order to satisfy the
minimum block trade size or the cap
size requirement is prohibited.
Aggregation is permissible on a
designated contract market or swap
execution facility if done by a person
who:
(i)(A) Is a commodity trading advisor
registered pursuant to Section 4n of the
Act, or exempt from registration under
the Act, or a principal thereof, who has
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discretionary trading authority or
directs client accounts,
(B) Is an investment adviser who has
discretionary trading authority or
directs client accounts and satisfies the
criteria of § 4.7(a)(2)(v) of this chapter,
or
(C) Is a foreign person who performs
a similar role or function as the persons
described in subparagraphs (A) or (B)
and is subject as such to foreign
regulation; and,
(ii) Has more than $25,000,000 in total
assets under management.
3. Add Section 43.6(i) to part 43 to
read as follows:
§ 43.6(i)
Eligible Block Trade Parties.
(1) Parties to a block trade must be
‘‘eligible contract participants,’’ as
defined in Section 1a(18) of the Act and
the Commission’s regulations. However,
a designated contract market may allow:
(i) A commodity trading advisor
registered pursuant to Section 4n of the
Act, or exempt from registration under
the Act, or a principal thereof, who has
discretionary trading authority or
directs client accounts, (ii) an
investment adviser who has
discretionary trading authority or
directs client accounts and satisfies the
criteria of § 4.7(a)(2)(v) of this chapter,
or (iii) a foreign person who performs a
similar role or function as the persons
described in (i) or (ii) of this paragraph
and is subject as such to foreign
regulation, to transact block trades for
customers who are not eligible contract
participants if such commodity trading
advisor, investment adviser or foreign
person has more than $25,000,000 in
total assets under management.
(2) A person transacting a block trade
on behalf of a customer must receive
prior written instruction or consent
from the customer to do so. Such
instruction or consent may be provided
in the power of attorney or similar
document by which the customer
provides the person with discretionary
trading authority or the authority to
direct the trading in its account.
On this matter, Chairman Gensler and
Commissioners Sommers, Chilton, O’Malia
and Wetjen voted in the affirmative; no
Commissioner voted in the negative.
[FR Doc. 2012–15481 Filed 6–26–12; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0215]
RIN 1625–AA08
Special Local Regulation, Underwater
Music Festival, Carr Inlet, Cutts Island,
WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
Appendix to Rules Prohibiting the
Aggregation of Orders To Satisfy
Minimum Block Sizes or Cap Size
Requirements, and Establishing
Eligibility Requirements for Parties to
Block Trades
The Coast Guard proposes to
establish a Special Local Regulation
(SLR) around Cutts Island located in
Carr Inlet, WA. This SLR is necessary to
ensure the safety of the maritime public
during the Underwater Music Festival
and would do so by establishing speed
and towing restrictions, limiting the
number of vessels permitted to raft
together and limiting the distance
persons are permitted to swim from
vessels or shore.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 17, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0215 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.
Commission Voting Summary
FOR FURTHER INFORMATION CONTACT:
Issued in Washington, DC, on June 20,
2012, by the Commission.
David A. Stawick,
Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
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SUMMARY:
If
you have questions on this proposed
rule, call or email ENS Anthony P.
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Proposed Rules
LaBoy, Coast Guard Sector Puget Sound
Waterways Management Division;
telephone 206–217–6323, email
SectorPugetSoundWWM@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:
emcdonald on DSK67QTVN1PROD with PROPOSALS
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–2012–0215),
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 email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, 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–2012–0215’’ 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
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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–2012–
0215’’ 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 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 Anthony
LaBoy at the telephone number or email
address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Basis and Purpose
The Underwater Music Festival is an
event which includes musical
performances from a barge. Spectators
approach the barge in their private
recreational vessels to view the concert.
This event was first held in 2009 around
Cutts Island in Carr Inlet, WA, and has
grown substantially since its first year.
In 2010 there were approximately 250
vessels and several hundred persons in
attendance surrounding the event
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38237
sponsor barge. In 2011, there were
approximately 700 vessels and 3,000
persons in attendance. In 2011, on-scene
Coast Guard members observed
behaviors that caused concern including
vessels traveling at speeds which
created wakes, large groups of vessels
rafted together, and participants
swimming without personal floatation
devices (PFD). Regardless of PFD wear,
persons swimming too far from land or
vessels in an area of high vessel
congestion creates a dangerous situation
because they are difficult to see by
vessels transiting in the area. At other
similar marine events, swimmers have
suffered injuries such as propeller
strikes. Requiring swimmers to stay near
land or their vessels will help prevent
such injuries because transiting vessels
will stay clear of other vessels and land,
thereby avoiding even those swimmers
that cannot be easily seen. Due to the
increasing popularity and number of
event participants, a Special Local
Regulation (SLR) is necessary to ensure
safety of the event spectators and
participants. This rule would mitigate
the risk of the event by controlling
unsafe actions within the boundaries of
the SLR.
Discussion of Proposed Rule
The Coast Guard is proposing to
establish a SLR, which encompasses all
waters within one nautical mile of Cutts
Island, WA. By imposing the following
restrictions, the Coast Guard will limit
the risk to life and property of the
marine event participants:
(a) All vessels would be required to
transit at the minimum speed necessary
to maintain course, minimizing vessel
wakes. Wakes produced by vessels
traveling at higher speeds could
negatively impact unsuspecting
anchored vessels or persons swimming
in the vicinity of vessels.
(b) Towing would not be permitted
inside the SLR area unless prior
permission was granted by on-scene
Coast Guard Patrol. This would allow
for debris removal by designated vessels
and for properly equipped and trained
tow vessels to assist disabled vessels
while preventing unqualified vessels
from creating further unsafe conditions
while attempting to assist disabled
vessels.
(c) No more than six vessels would be
permitted to raft together. Large groups
of rafted vessels restrict the ability of
response and law enforcement vessels to
transit and respond to emergencies.
(d) Any person swimming or
otherwise entering the water would be
required to remain within 10 feet of a
vessel or shore. This ensures
participants are able to exit the water
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Proposed Rules
under their own means and prevent
potential injuries that could be caused
by persons in the water being struck by
transiting vessels.
(e) The Coast Guard would maintain
a patrol for the duration of this event.
The Coast Guard Patrol of this area is
under the direction of the Coast Guard
Patrol Commander who is empowered
to control the movement of vessels
inside the regulation boundaries. The
Patrol Commander may be assisted by
other federal, state, and local law
enforcement agencies.
emcdonald on DSK67QTVN1PROD with PROPOSALS
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.
The Coast Guard bases this finding on
the fact that the proposed Special Local
Regulation would be in place for a
limited period of time and vessel traffic
would be able to transit around the
regulated area.
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The term ‘‘small entities’’
comprises small businesses, not-forprofit 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 would affect the following
entities, some of which may be small
entities; the owners and operators of
vessels intending to operate in the
waters encompassed within the
regulated area. The rule would not have
a significant economic impact on a
substantial number of small entities
because the Special Local Regulation
will be in place for a limited period of
time and vessel traffic will be able to
transit around the regulated area.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
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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 Ensign
Anthony P. LaBoy at the telephone
number or email address indicated
under the FOR FUTHER INFORMATION
CONTACT section of this notice.
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
Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the For FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
Frm 00021
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
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effects of this rule elsewhere in this
preamble.
Fmt 4702
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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
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Proposed Rules
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the establishment of a Special
Local Regulation. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping,
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
(b) Vessels are required to transit the
regulated area at the minimum speed
necessary to maintain course, unless
required to maintain speed by the
Navigation Rules, and shall proceed as
directed by the Coast Guard Patrol
Commander.
(c) Only vessels authorized by the
Patrol Commander or other law
enforcement agencies shall be permitted
to engage in towing.
(d) No more than six vessels are
permitted to raft together.
(e) Any person swimming or
otherwise entering the water shall
remain within 10 feet of a vessel or
shore.
(4) Notice of Enforcement. The
Captain of the Port will provide notice
of the enforcement of this Special Local
Regulation by all appropriate means to
ensure the widest dissemination among
the affected segments of the public, as
practicable; such means of notification
may include but are not limited to,
Broadcast Notice to Mariners and Local
Notice to Mariners.
Dated: May 28, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2012–15640 Filed 6–26–12; 8:45 am]
BILLING CODE 9110–04–P
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
Authority: U.S.C. 1233.
40 CFR Part 52
2. Add § 100.1310 to read as follows:
[EPA–R09–OAR–2012–0398; FRL–9692–5]
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 100.1310 Special Local Regulation,
Underwater Music Festival, Carr Inlet, Cutts
Island, WA
(1) Effective Period. This rule is
effective annually during the
Underwater Music Festival which
typically occurs in late July or early
August.
(2) Regulated Area. The following
area is specified as a regulated area: All
waters encompassed within one
nautical mile of Cutts Island, WA
located at approximately 47°19′15″ N,
122°41′15″ W.
(3) Special Local Regulations.
(a) The Coast Guard will maintain a
patrol consisting of Coast Guard vessels
for the duration of this event. The Coast
Guard Patrol of this area is under the
direction of the Coast Guard Patrol
Commander who is empowered to
control the movement of vessels inside
the boundaries of the regulation during
the time in which this regulation is in
effect. The Patrol Commander may be
assisted by other federal, state, and local
law enforcement agencies.
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Partial Approval and Disapproval of Air
Quality Implementation Plans; Arizona;
Infrastructure Requirements for Ozone
and Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to partially
approve and partially disapprove a State
Implementation Plan (SIP) revision
submitted by the State of Arizona to
address the requirements of section
110(a)(1) and (2) of the Clean Air Act
(CAA) for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS) and the 1997 and 2006
NAAQS for fine particulate matter
(PM2.5). Section 110(a) of the CAA
requires that each State adopt and
submit a SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by the EPA. On
September 18, 2008 and October 14,
2009, the Arizona Department of
Environmental Quality (ADEQ)
SUMMARY:
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38239
submitted a revision to Arizona’s SIP,
which describes the State’s provisions
for implementing, maintaining, and
enforcing the standards listed above. On
June 1, 2012, ADEQ submitted a
supplement to these SIP revisions,
including certain statutory and
regulatory provisions. We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Written comments must be
received on or before July 27, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R09–OAR–2012–0398, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: buss.jeffrey@epa.gov.
3. Fax: 415–947–3579.
4. Mail or deliver: Jeffrey Buss (AIR–
2), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901.
Deliveries are only accepted during the
Regional Office’s normal hours of
operation.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or email.
https://www.regulations.gov is an
anonymous access system, and EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to EPA, your email
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
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]]>Agencies
[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Proposed Rules]
[Pages 38236-38239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15640]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0215]
RIN 1625-AA08
Special Local Regulation, Underwater Music Festival, Carr Inlet,
Cutts Island, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a Special Local
Regulation (SLR) around Cutts Island located in Carr Inlet, WA. This
SLR is necessary to ensure the safety of the maritime public during the
Underwater Music Festival and would do so by establishing speed and
towing restrictions, limiting the number of vessels permitted to raft
together and limiting the distance persons are permitted to swim from
vessels or shore.
DATES: Comments and related material must be received by the Coast
Guard on or before July 17, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0215 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 email ENS Anthony P.
[[Page 38237]]
LaBoy, Coast Guard Sector Puget Sound Waterways Management Division;
telephone 206-217-6323, email SectorPugetSoundWWM@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-2012-0215), 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 email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
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-2012-0215'' 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-2012-0215'' 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 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 Anthony LaBoy at the telephone number or email address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Basis and Purpose
The Underwater Music Festival is an event which includes musical
performances from a barge. Spectators approach the barge in their
private recreational vessels to view the concert. This event was first
held in 2009 around Cutts Island in Carr Inlet, WA, and has grown
substantially since its first year. In 2010 there were approximately
250 vessels and several hundred persons in attendance surrounding the
event sponsor barge. In 2011, there were approximately 700 vessels and
3,000 persons in attendance. In 2011, on-scene Coast Guard members
observed behaviors that caused concern including vessels traveling at
speeds which created wakes, large groups of vessels rafted together,
and participants swimming without personal floatation devices (PFD).
Regardless of PFD wear, persons swimming too far from land or vessels
in an area of high vessel congestion creates a dangerous situation
because they are difficult to see by vessels transiting in the area. At
other similar marine events, swimmers have suffered injuries such as
propeller strikes. Requiring swimmers to stay near land or their
vessels will help prevent such injuries because transiting vessels will
stay clear of other vessels and land, thereby avoiding even those
swimmers that cannot be easily seen. Due to the increasing popularity
and number of event participants, a Special Local Regulation (SLR) is
necessary to ensure safety of the event spectators and participants.
This rule would mitigate the risk of the event by controlling unsafe
actions within the boundaries of the SLR.
Discussion of Proposed Rule
The Coast Guard is proposing to establish a SLR, which encompasses
all waters within one nautical mile of Cutts Island, WA. By imposing
the following restrictions, the Coast Guard will limit the risk to life
and property of the marine event participants:
(a) All vessels would be required to transit at the minimum speed
necessary to maintain course, minimizing vessel wakes. Wakes produced
by vessels traveling at higher speeds could negatively impact
unsuspecting anchored vessels or persons swimming in the vicinity of
vessels.
(b) Towing would not be permitted inside the SLR area unless prior
permission was granted by on-scene Coast Guard Patrol. This would allow
for debris removal by designated vessels and for properly equipped and
trained tow vessels to assist disabled vessels while preventing
unqualified vessels from creating further unsafe conditions while
attempting to assist disabled vessels.
(c) No more than six vessels would be permitted to raft together.
Large groups of rafted vessels restrict the ability of response and law
enforcement vessels to transit and respond to emergencies.
(d) Any person swimming or otherwise entering the water would be
required to remain within 10 feet of a vessel or shore. This ensures
participants are able to exit the water
[[Page 38238]]
under their own means and prevent potential injuries that could be
caused by persons in the water being struck by transiting vessels.
(e) The Coast Guard would maintain a patrol for the duration of
this event. The Coast Guard Patrol of this area is under the direction
of the Coast Guard Patrol Commander who is empowered to control the
movement of vessels inside the regulation boundaries. The Patrol
Commander may be assisted by other federal, state, and local law
enforcement agencies.
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.
The Coast Guard bases this finding on the fact that the proposed
Special Local Regulation would be in place for a limited period of time
and vessel traffic would be able to transit around the regulated area.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on 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 would affect the following entities, some of which may be
small entities; the owners and operators of vessels intending to
operate in the waters encompassed within the regulated area. The rule
would not have a significant economic impact on a substantial number of
small entities because the Special Local Regulation will be in place
for a limited period of time and vessel traffic will be able to transit
around the regulated area.
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 Ensign Anthony P. LaBoy at the
telephone number or email address indicated under the FOR FUTHER
INFORMATION CONTACT section of this notice.
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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
[[Page 38239]]
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a Special Local Regulation. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping,
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: U.S.C. 1233.
2. Add Sec. 100.1310 to read as follows:
Sec. 100.1310 Special Local Regulation, Underwater Music Festival,
Carr Inlet, Cutts Island, WA
(1) Effective Period. This rule is effective annually during the
Underwater Music Festival which typically occurs in late July or early
August.
(2) Regulated Area. The following area is specified as a regulated
area: All waters encompassed within one nautical mile of Cutts Island,
WA located at approximately 47[deg]19'15'' N, 122[deg]41'15'' W.
(3) Special Local Regulations.
(a) The Coast Guard will maintain a patrol consisting of Coast
Guard vessels for the duration of this event. The Coast Guard Patrol of
this area is under the direction of the Coast Guard Patrol Commander
who is empowered to control the movement of vessels inside the
boundaries of the regulation during the time in which this regulation
is in effect. The Patrol Commander may be assisted by other federal,
state, and local law enforcement agencies.
(b) Vessels are required to transit the regulated area at the
minimum speed necessary to maintain course, unless required to maintain
speed by the Navigation Rules, and shall proceed as directed by the
Coast Guard Patrol Commander.
(c) Only vessels authorized by the Patrol Commander or other law
enforcement agencies shall be permitted to engage in towing.
(d) No more than six vessels are permitted to raft together.
(e) Any person swimming or otherwise entering the water shall
remain within 10 feet of a vessel or shore.
(4) Notice of Enforcement. The Captain of the Port will provide
notice of the enforcement of this Special Local Regulation by all
appropriate means to ensure the widest dissemination among the affected
segments of the public, as practicable; such means of notification may
include but are not limited to, Broadcast Notice to Mariners and Local
Notice to Mariners.
Dated: May 28, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-15640 Filed 6-26-12; 8:45 am]
BILLING CODE 9110-04-P
