Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake Washington, WA, 58805-58807 [2021-23238]
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations
operations are complete, that will
prohibit entry within 1 nautical mile of
vessels and machinery being used by
personnel to effect the salvage of
Transair 810. It is categorically excluded
from further review under paragraph
L60(d) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
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. 00170.1, Revision No. 01.2.
2. Add § 165.T14–0525 to read as
follows:
■
§ 165.T14–0525 Safety Zone; Pacific
Ocean, Offshore Barbers Point, Oahu HI—
Salvage Operations.
jspears on DSK121TN23PROD with RULES1
BILLING CODE 9110–04–P
[Docket Number USCG–2021–0798]
■
(a) Location. The following area is a
safety zone: All waters extending 1
nautical miles in all directions around
the location of ongoing salvage
operations at position 21°16′40″ N,
158°01′28″ W. This zone extends from
the surface of the water to the ocean
floor. These coordinates are based on
the 1984 World Geodetic System (WGS
84).
(b) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
(COTP) Honolulu to assist in enforcing
the safety zone described in paragraph
(a) of this section.
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[FR Doc. 2021–23179 Filed 10–22–21; 8:45 am]
33 CFR Part 165
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
16:11 Oct 22, 2021
Dated: October 8, 2021.
A.L. Kirksey,
Commander, U.S. Coast Guard, Alternate
Captain of the Port Honolulu.
Coast Guard
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
VerDate Sep<11>2014
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP at the Command
Center telephone number (808) 842–
2600 and (808) 842–2601, fax (808) 842–
2642 or on VHF channel 16 (156.8 Mhz).
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
Safety Zone; Hydroplane and Raceboat
Museum Test Area, Lake Washington,
WA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters within 4000 yards
of a line drawn from Stan Sayres
Memorial Hydroplane Pits downward to
the Adams Street Boat Ramp on Lake
Washington. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards in the vicinity of the Stan
Sayres Memorial Park and Boat Launch
and Adams Street Boat Ramp associated
with test trials of a hydroplane race
boat. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Puget Sound or their
Designated Representative.
DATES: This rule is effective from 10
a.m. through 2 p.m. on November 9,
2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Rob Nakama, Sector Puget
Sound Waterways Management
Division, U.S. Coast Guard; telephone
206–217–6089, email
SectorPugetSoundWWM@uscg.mil.
SUMMARY:
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58805
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget
Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard received notification of the
test trials on October 12, 2021, and must
take immediate action to protect the
public from potential hazards by the
operation of the hydroplane. It is
impracticable to publish an NPRM
because we must establish this safety
zone by November 9, 2021.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because of the safety hazards potentially
associated with the test trial of a high
speed watercraft. Immediate action is
needed to to protect vessels, personnel,
and the marine environment from
potential hazards associated with the
hydroplane’s operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Puget Sound
(COTP) has determined that potential
hazards exist with the test trials of a
high speed watercraft on Lake
Washington. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone from
potential hazards posed by the
hydroplane’s operation.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10 a.m. through 2 p.m. on
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58806
Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations
November 9, 2021. The safety zone will
cover all navigable waters within 4000
yards of a line drawn from 47°34′31″ N,
122°16′34″ W, thence to position
47°34′02″ N, 122°15′44″ W, 150 yards
offshore of the Stan Sayres Memorial
Hydroplane Pits downward to 150 yards
off the Adams Street Boat Ramp which
will be marked with buoys, located on
Lake Washington. These coordinates are
based on World Geodetic System (WGS
84). The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters while the Hydroplane
and Raceboat Museum conducts its test
trials. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative means a Coast
Guard Patrol Commander, including a
Coast Guard 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 regulations in
this section. To seek permission to
enter, contact the COTP or the COTP’s
representative by calling the Sector
Puget Sound Command Center at 206–
217–6002. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
jspears on DSK121TN23PROD with RULES1
V. Regulatory Analyses
We developed this 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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the fact that the safety zone
created by this rule is limited in size
and duration. Vessel traffic will be able
to safely transit around this safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
VerDate Sep<11>2014
16:11 Oct 22, 2021
Jkt 256001
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 rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will 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 rule under that order and
have determined that it is consistent
with the fundamental federalism
PO 00000
Frm 00044
Fmt 4700
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principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined 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 rule involves a safety
zone lasting only 4 hours that will
prohibit entry within the marked area
off the Stan Sayres Memorial
Hydroplane Pits and Adams Street Boat
Ramp, located on Lake Washington. It is
categorically excluded from further
review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
E:\FR\FM\25OCR1.SGM
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations
requirements, Security measures,
Waterways.
ENVIRONMENTAL PROTECTION
AGENCY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
40 CFR Part 52
[EPA–R10–OAR–2020–0649; FRL–8788–02–
R10]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
2. Add § 165.T13–0798 to read as
follows:
■
§ 165.T13–0798 Safety Zone; Hydroplane
and Raceboat Museum Test Area, Lake
Washington, WA.
jspears on DSK121TN23PROD with RULES1
(a) Location. The following area is a
safety zone: All navigable waters within
4000 yards of a line drawn from
47°34′31″ N, 122°16′34′ W, thence to
position 47°34′02″ N, 122°15′44′ W,
located on Lake Washington in the
vicinity of the Stan Sayres Memorial
Park and Boat Launch and the Adams
Street Boat Ramp. These coordinates are
based on World Geodetic System (WGS
84).
(b) Definitions. As used in this
section, a designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
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 Sector Puget Sound (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
[FR Doc. 2021–23238 Filed 10–22–21; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:11 Oct 22, 2021
Jkt 256001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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. 00170.1, Revision No. 01.2.
Dated: October 19, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
Air Plan Approval; AK; Juneau,
Mendenhall Valley Second 10-Year
PM10 Limited Maintenance Plan
The Environmental Protection
Agency (EPA) is approving the Juneau,
Mendenhall Valley, Alaska (AK) limited
maintenance plan (LMP) submitted on
November 10, 2020, by the Alaska
Department of Environmental
Conservation (ADEC or ‘‘the State’’).
This plan addresses the second 10-year
maintenance period after redesignation
for particulate matter with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10).
The plan relies upon control measures
contained in the first 10-year
maintenance plan and the
determination that the Mendenhall
Valley area currently monitors PM10
levels well below the PM10 National
Ambient Air Quality Standard (NAAQS
or ‘‘the standard’’). The EPA is
approving Alaska’s LMP as meeting
Clean Air Act (CAA) requirements.
DATES: This final rule is effective
November 24, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2020–0649. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Christi Duboiski, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle, WA
98101, at (360) 753–9081, or
duboiski.christi@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’ or ‘‘our’’ is used, it refers to the
EPA.
SUMMARY:
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58807
I. Background
On November 10, 2020, ADEC
submitted to the EPA a second 10-year
PM10 LMP for Juneau, Mendenhall
Valley for approval. The SIP revision,
State effective November 7, 2020, fulfills
the second 10-year planning
requirement of CAA section 175A(b) to
ensure PM10 NAAQS compliance
through 2033. The Mendenhall Valley
area has been meeting the PM10
standard for multiple years and was
redesignated to attainment on July 8,
2013, with an approved 10-year PM10
maintenance plan. The area currently
monitors PM10 levels well below the
PM10 NAAQS.
We proposed to approve the Juneau,
Mendenhall Valley second 10-year LMP
on August 11, 2021 (86 FR 43984). The
reasons for our approval are included in
that proposal and will not be restated
here. The public comment period for
our proposed action closed on
September 10, 2021. We received no
public comments. Therefore, we are
finalizing our rulemaking as proposed.
II. Final Action
In this final action, the EPA is
approving the State’s second 10-year
LMP for the Juneau, Mendenhall Valley
area, submitted on November 10, 2020,
as satisfying the requirements of section
175A of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
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]]>Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58805-58807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23238]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0798]
RIN 1625-AA00
Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake
Washington, WA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within 4000 yards of a line drawn from Stan Sayres
Memorial Hydroplane Pits downward to the Adams Street Boat Ramp on Lake
Washington. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards in the vicinity of
the Stan Sayres Memorial Park and Boat Launch and Adams Street Boat
Ramp associated with test trials of a hydroplane race boat. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Puget Sound or their
Designated Representative.
DATES: This rule is effective from 10 a.m. through 2 p.m. on November
9, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rob Nakama, Sector Puget Sound Waterways Management
Division, U.S. Coast Guard; telephone 206-217-6089, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard received notification
of the test trials on October 12, 2021, and must take immediate action
to protect the public from potential hazards by the operation of the
hydroplane. It is impracticable to publish an NPRM because we must
establish this safety zone by November 9, 2021.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because of the safety hazards
potentially associated with the test trial of a high speed watercraft.
Immediate action is needed to to protect vessels, personnel, and the
marine environment from potential hazards associated with the
hydroplane's operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Puget
Sound (COTP) has determined that potential hazards exist with the test
trials of a high speed watercraft on Lake Washington. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone from potential hazards posed by
the hydroplane's operation.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. through 2 p.m. on
[[Page 58806]]
November 9, 2021. The safety zone will cover all navigable waters
within 4000 yards of a line drawn from 47[deg]34'31'' N,
122[deg]16'34'' W, thence to position 47[deg]34'02'' N, 122[deg]15'44''
W, 150 yards offshore of the Stan Sayres Memorial Hydroplane Pits
downward to 150 yards off the Adams Street Boat Ramp which will be
marked with buoys, located on Lake Washington. These coordinates are
based on World Geodetic System (WGS 84). The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the Hydroplane and Raceboat Museum
conducts its test trials. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. A designated representative means a Coast
Guard Patrol Commander, including a Coast Guard 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 regulations in this
section. To seek permission to enter, contact the COTP or the COTP's
representative by calling the Sector Puget Sound Command Center at 206-
217-6002. Those in the safety zone must comply with all lawful orders
or directions given to them by the COTP or the designated
representative.
V. Regulatory Analyses
We developed this 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the fact that the
safety zone created by this rule is limited in size and duration.
Vessel traffic will be able to safely transit around this safety zone.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 rule involves a
safety zone lasting only 4 hours that will prohibit entry within the
marked area off the Stan Sayres Memorial Hydroplane Pits and Adams
Street Boat Ramp, located on Lake Washington. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 58807]]
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0798 to read as follows:
Sec. 165.T13-0798 Safety Zone; Hydroplane and Raceboat Museum Test
Area, Lake Washington, WA.
(a) Location. The following area is a safety zone: All navigable
waters within 4000 yards of a line drawn from 47[deg]34'31'' N,
122[deg]16'34' W, thence to position 47[deg]34'02'' N, 122[deg]15'44'
W, located on Lake Washington in the vicinity of the Stan Sayres
Memorial Park and Boat Launch and the Adams Street Boat Ramp. These
coordinates are based on World Geodetic System (WGS 84).
(b) Definitions. As used in this section, a designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard 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 Sector Puget Sound (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
Dated: October 19, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2021-23238 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P
