Regulated Navigation Area; Lake Washington, Seattle, WA, 24418-24420 [2019-11006]
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Proposed Rules
the groundwork for successfully
modernizing the voucher-assisted
housing inspection standard.
HUD must consider several factors of
significance in evaluating UPCS–V for
successful completion. Does the
protocol meet PHA needs? Is UPCS–V
clear, accurate, objective, and
consistent? Is it practical for all
inspectors, from entry level to
experienced? Does it provide valuable
insight to PHAs, and is it cost effective
for them to use? Inspection application
development, training, and user
acceptance testing are all critical
components of providing stakeholders a
quality product. The demonstration
must encompass all these necessary
components to provide stakeholders
with a tool that meets their needs. To
meet PHA needs and thoroughly
address the above questions, a two-year
continuation of the UPCS–V
demonstration is necessary.
Dated: May 8, 2019.
R. Hunter Kurtz,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
[FR Doc. 2019–11059 Filed 5–24–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0296]
RIN 1625–AA11
Regulated Navigation Area; Lake
Washington, Seattle, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a permanent regulated
navigation area for certain waters of
Lake Washington. The regulated
navigation area is intended to protect
personnel and vessels from potential
hazards created by excessive vessel
wake prior to and following high traffic
Seafair events. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 27, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0296 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
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SUMMARY:
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SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Petty Officer
Amy Hamilton, Sector Puget Sound
Waterways Management, Coast Guard;
telephone 206–217–6051,
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Coast Guard was notified by the
Mercer Island Police Department of
hazardous conditions associated with
increased vessel and swimmer
congestion after high traffic Seafair
marine events, which can make routine
navigation for persons and vessels
unsafe. The Seafair event draws an
extraordinary amount of boaters and
persons to the waterway to observe
several high traffic events, such as the
Seafair Hydroplane Races and Seafair
Air Shows. The wakes created by
transiting vessels near the vicinity of
vessels moored to the log boom during
high traffic events pose a safety concern
to vessels and swimmers in the area.
Coast Guard action is needed to restrict
vessel movement prior to and after
Seafair events where significant marine
traffic endanger the safety of swimmers
and vessels proximate to the log boom.
The purpose of this rulemaking is to
ensure the safety of persons and vessels
on the navigable waters of Lake
Washington within the regulated
navigation area from excessive vessel
wake occurring prior to and after Seafair
events. The Coast Guard is proposing
this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
The District Commander is proposing
to establish a regulated navigation area
prior to and after Seafair activities,
which usually occur during the last
week of July and the first two weeks of
August. The regulated navigation area
would cover all navigable waters within
Lake Washington south of the Interstate
90 floating Bridge and north of a line
between Bailey Peninsula and Mercer
Island. The duration of the regulated
navigation area is intended to protect
personnel and vessels in these navigable
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waters from excessive wake associated
with vessels before and after high traffic
Seafair events. Vessels transiting the
area will be required to create minimum
wake at speeds of less than 7 miles per
hour, unless a higher minimum speed is
necessary to maintain bare steerageway.
Enforcement periods for this rule will
occur daily prior to and immediately
following Seafair activities. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration
and time-of-day of the regulated
navigation area. Vessel traffic will be
able to transit through the regulated
navigation area, and the regulation will
only impact a small designated area of
Lake Washington for less than three
days. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
regulated navigation area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Proposed Rules
While some owners or operators of
vessels intending to transit the regulated
navigation area may be small entities,
for the reasons stated in section IV.A
above, this proposed rule would not
have a significant economic impact on
any vessel owner or operator.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and 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 is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
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16:22 May 24, 2019
Jkt 247001
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a regulated navigation area
enforced annually for a total of less than
3 days that would restrict vessel speed
to a minimum wake of less than 7 miles
per hour. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
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24419
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 is proposing
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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 165.1341 to read as follows:
§ 165.1341 Regulated Navigation Area;
Lake Washington; Seattle, WA.
(a) Location. The following area is a
regulated navigation area: All waters of
Lake Washington south of the Interstate
90 Floating West Bound Bridge and
north of the points between Bailey
Peninsula at 47°33′14.4″ N, 122°14′47.3″
and Mercer Island at 47°33′24.5″ N,
122°13′52.5″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Proposed Rules
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Puget Sound (COTP) in the
enforcement of the regulated navigation
zone.
(c) Regulations. All vessels and
persons transiting the regulated
navigation area described in paragraph
(a) of this section must proceed at a
speed which creates minimum wake, 7
miles per hour or less, unless a higher
minimum speed is necessary to
maintain bare steerageway.
(d) Enforcement periods. This section
will be enforced annually immediately
before and after Seafair activities which
usually occurs during the last week in
July and the first two weeks of August.
The event will be one week or less in
duration and the specific dates and
times of the enforcement periods will be
published in a notice of enforcement in
the Federal Register.
Dated: May 21, 2019.
D.G. Throop,
Commander, RADM, U.S. Coast Guard,
Thirteenth Coast Guard District.
[FR Doc. 2019–11006 Filed 5–24–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0766, FRL–9994–27–
Region 10]
Air Plan Approval; ID: Infrastructure
Requirements for the 2015 Ozone
Standard; Reopening of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
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VerDate Sep<11>2014
16:22 May 24, 2019
Jkt 247001
The comment date for the
proposed rule published April 9, 2019
at 84 FR 14067, is reopened. Comments
must be received on or before June 27,
2019.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2018–0766, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Matthew Jentgen at (206) 553–0340, or
jentgen.matthew@epa.gov.
The Environmental Protection
Agency (EPA) is reopening the public
comment period on the proposed rule
‘‘Air Plan Approval; ID: Infrastructure
Requirements for the 2015 Ozone
Standard’’ published April 9, 2019.
Whenever a new or revised National
Ambient Air Quality Standard (NAAQS)
is promulgated, the Clean Air Act
requires each State to submit a plan for
the implementation, maintenance, and
enforcement of the standard, commonly
referred to as infrastructure
requirements. The EPA proposes to
approve the Idaho State Implementation
Plan (SIP), submitted on September 27,
2018, as meeting infrastructure
requirements for the 2015 ozone
SUMMARY:
NAAQS. Due to an administrative error,
documents relevant to the proposed
action were left out of the docket during
the initial comment period from April 9,
2019 to May 9, 2019. Thus, the EPA is
providing an additional 30 days for
public comment on the proposed action.
On April
9, 2019, the EPA published a proposed
rulemaking to approve the Idaho State
Implementation Plan, submitted on
September 27, 2018, as meeting
infrastructure requirements for the 2015
ozone NAAQS (84 FR 14067).
Documents relevant to the proposed
action were inadvertently left out of the
docket during the initial comment
period. In response, the EPA is
reopening the public comment period.
SUPPLEMENTARY INFORMATION:
Dated: May 15, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019–10958 Filed 5–24–19; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0666; FRL–9994–13–
Region 4]
Air Plan Approval; South Carolina;
2008 8-Hour Ozone Interstate
Transport
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency is proposing to approve South
Carolina’s June 18, 2018, State
Implementation Plan (SIP) submission
pertaining to the ‘‘good neighbor’’
provision of the Clean Air Act (CAA or
Act) for the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires each state’s implementation
plan to address the interstate transport
of air pollution in amounts that
contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in any other
state. In this action, EPA is proposing to
determine that South Carolina’s SIP
contains adequate provisions to prohibit
emissions within the State from
contributing significantly to
nonattainment or interfering with
maintenance of the 2008 8-hour ozone
NAAQS in any other state.
DATES: Comments must be received on
or before June 27, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0666 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
E:\FR\FM\28MYP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Proposed Rules]
[Pages 24418-24420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11006]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0296]
RIN 1625-AA11
Regulated Navigation Area; Lake Washington, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a permanent
regulated navigation area for certain waters of Lake Washington. The
regulated navigation area is intended to protect personnel and vessels
from potential hazards created by excessive vessel wake prior to and
following high traffic Seafair events. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 27, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0296 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Amy Hamilton, Sector
Puget Sound Waterways Management, Coast Guard; telephone 206-217-6051,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard was notified by the Mercer Island Police Department
of hazardous conditions associated with increased vessel and swimmer
congestion after high traffic Seafair marine events, which can make
routine navigation for persons and vessels unsafe. The Seafair event
draws an extraordinary amount of boaters and persons to the waterway to
observe several high traffic events, such as the Seafair Hydroplane
Races and Seafair Air Shows. The wakes created by transiting vessels
near the vicinity of vessels moored to the log boom during high traffic
events pose a safety concern to vessels and swimmers in the area. Coast
Guard action is needed to restrict vessel movement prior to and after
Seafair events where significant marine traffic endanger the safety of
swimmers and vessels proximate to the log boom.
The purpose of this rulemaking is to ensure the safety of persons
and vessels on the navigable waters of Lake Washington within the
regulated navigation area from excessive vessel wake occurring prior to
and after Seafair events. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The District Commander is proposing to establish a regulated
navigation area prior to and after Seafair activities, which usually
occur during the last week of July and the first two weeks of August.
The regulated navigation area would cover all navigable waters within
Lake Washington south of the Interstate 90 floating Bridge and north of
a line between Bailey Peninsula and Mercer Island. The duration of the
regulated navigation area is intended to protect personnel and vessels
in these navigable waters from excessive wake associated with vessels
before and after high traffic Seafair events. Vessels transiting the
area will be required to create minimum wake at speeds of less than 7
miles per hour, unless a higher minimum speed is necessary to maintain
bare steerageway. Enforcement periods for this rule will occur daily
prior to and immediately following Seafair activities. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration and time-of-day of the regulated navigation area.
Vessel traffic will be able to transit through the regulated navigation
area, and the regulation will only impact a small designated area of
Lake Washington for less than three days. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the regulated navigation area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
[[Page 24419]]
While some owners or operators of vessels intending to transit the
regulated navigation area may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and 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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a regulated navigation area
enforced annually for a total of less than 3 days that would restrict
vessel speed to a minimum wake of less than 7 miles per hour. Normally
such actions are categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.1341 to read as follows:
Sec. 165.1341 Regulated Navigation Area; Lake Washington; Seattle,
WA.
(a) Location. The following area is a regulated navigation area:
All waters of Lake Washington south of the Interstate 90 Floating West
Bound Bridge and north of the points between Bailey Peninsula at
47[deg]33'14.4'' N, 122[deg]14'47.3'' and Mercer Island at
47[deg]33'24.5'' N, 122[deg]13'52.5'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard
[[Page 24420]]
coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Puget Sound (COTP) in the enforcement
of the regulated navigation zone.
(c) Regulations. All vessels and persons transiting the regulated
navigation area described in paragraph (a) of this section must proceed
at a speed which creates minimum wake, 7 miles per hour or less, unless
a higher minimum speed is necessary to maintain bare steerageway.
(d) Enforcement periods. This section will be enforced annually
immediately before and after Seafair activities which usually occurs
during the last week in July and the first two weeks of August. The
event will be one week or less in duration and the specific dates and
times of the enforcement periods will be published in a notice of
enforcement in the Federal Register.
Dated: May 21, 2019.
D.G. Throop,
Commander, RADM, U.S. Coast Guard, Thirteenth Coast Guard District.
[FR Doc. 2019-11006 Filed 5-24-19; 8:45 am]
BILLING CODE 9110-04-P
