Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake Washington, WA, 18340-18342 [2022-06657]
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18340
Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Proposed Rules
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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
AREA 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. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0190 to read as
follows:
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 165.T08–0190
Orange, Texas.
16:44 Mar 29, 2022
Jkt 256001
Dated: March 23, 2022.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port, Marine Safety Zone Port Arthur.
[FR Doc. 2022–06671 Filed 3–29–22; 8:45 am]
Safety Zone; Sabine River,
(a) Location. The following area is a
safety zone: all navigable waters of the
Sabine River, extending the entire width
of the river, adjacent to the public boat
ramp located in Orange, TX, bounded to
the north by the Orange Public Wharf
and latitude 30°05′50″ N and to the
south at latitude 30°05′33″ N. The
duration of the safety zone is intended
to protect participants, spectators, and
other persons and vessels, in the
navigable waters of the Sabine River
during high-speed boat races and will
include breaks and opportunity for
vessels to transit through the regulated
area.
(b) Effective period. This section is
effective from 9 a.m. on May 21, 2022,
through 6 p.m. on May 22, 2022.
(c) Enforcement periods. This section
will be enforced from 9 a.m. through 6
p.m. daily.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry of vessels or persons into this zone
is prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Port Arthur (COTP) or a designated
representative. They may be contacted
on VHF–FM channel 13 or 16, or by
phone at by telephone at 409–719–5070.
(2) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
VerDate Sep<11>2014
(3) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(4) The COTP or a designated
representative will terminate
enforcement of the special local
regulations in this section at the
conclusion of the event.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0200]
RIN 1625–AA00
Safety Zone; Hydroplane and Raceboat
Museum Test Area, Lake Washington,
WA
Coast Guard, Homeland
Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary safety zone for
all navigable waters within a 4,000-yard
oval radius off the 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. This proposed rulemaking would
prohibit persons and vessels from being
in the safety zone unless specifically
authorized by the Captain of the Port
Sector Puget Sound or a designated
representative.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 14, 2022.
DATES:
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
You may submit comments
identified by docket number USCG–
2022–0200 using the Federal Decision
Making 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 Mr. Rob
Nakama, Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6089, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
On January 26, 2022, the Hydroplane
and Raceboat Museum notified the
Coast Guard that it will be conducting
test trials of a high speed watercraft on
Lake Washington from 10 a.m. until 2
p.m. on May 24, 2022. Hazards
associated with the test trial of a high
speed watercraft include vessel
collisions, unusual wake and accidental
catastrophic human injury or death. The
Captain of the Port Sector Puget Sound
(COTP) has determined that potential
hazards associated with the test trial
would be a safety concern for anyone
within a 4,000-yard oval radius of the
planned test area. The purpose of this
rulemaking is to ensure the safety of
vessels and the navigable waters within
a 4,000-yard radius of the test area
before, during, and after the scheduled
event. 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 COTP is proposing to establish a
safety zone from 10 a.m. until 2 p.m. on
May 24, 2022. The safety zone would
cover all navigable waters within a
4,000-yard oval radius from position
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
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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Proposed Rules
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the Hydroplane and Raceboat
Museum conducts its test trials. No
vessel or person would 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 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
a designated representative. The
regulatory text we are proposing appears
at the end of this document.
khammond on DSKJM1Z7X2PROD with PROPOSALS
IV. 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
which would impact a small designated
area of Lake Washington. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
would allow vessels to seek permission
to enter the 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
VerDate Sep<11>2014
16:44 Mar 29, 2022
Jkt 256001
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 IV.A above,
this rule will 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 proposed 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 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. 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 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 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
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
18341
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 call or email 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 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 proposed 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. 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 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.
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18342
Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Proposed Rules
V. Public Participation and Request for
Comments
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2022–0200 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
16:44 Mar 29, 2022
Jkt 256001
Copyright Royalty Board
37 CFR Part 385
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.
[Docket No. 21–CRB–0001–PR (2023–2027)]
■
2. Add § 165.T13–0200 to read as
follows:
AGENCY:
§ 165.T13–0200 Safety Zone; Hydroplane
and Raceboat Museum Test Area, Lake
Washington, WA.
SUMMARY:
(a) Location. The safety zone will
cover all navigable waters within a
4,000-yard oval radius 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).
(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.
(d) Enforcement period. This section
will be enforced from 10 a.m. until 2
p.m. on May 24, 2022.
Dated: March 24, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
[FR Doc. 2022–06657 Filed 3–29–22; 8:45 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
VerDate Sep<11>2014
LIBRARY OF CONGRESS
PO 00000
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Determination of Royalty Rates and
Terms for Making and Distributing
Phonorecords (Phonorecords IV)
Copyright Royalty Board,
Library of Congress.
ACTION: Proposed rule; withdrawal.
The Copyright Royalty Judges
withdraw a proposed rule that would
have set continued, unaltered rates and
terms for subpart B configurations
subject to the statutory license to use
nondramatic musical works to make and
distribute phonorecords of those works
(the Mechanical License).
DATES: The Copyright Royalty Board is
withdrawing the proposed rule
published June 25, 2021 (86 FR 33601)
as of March 24, 2022.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to eCRB at
https://app.crb.gov and perform a case
search for docket 21–CRB–0001–PR
(2023–2027).
FOR FURTHER INFORMATION CONTACT:
Anita Brown, Program Specialist, (202)
707–7658, crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Copyright Royalty Judges (Judges)
received a Motion to Adopt Settlement
of Statutory Royalty Rates and Terms for
Subpart B Configurations (Motion) from
National Music Publishers’ Association,
Inc. and Nashville Songwriters
Association International (together,
Licensors) and Sony Music
Entertainment, UMG Recordings, Inc.,
and Warner Music Group Corp.
(together, Labels). The Licensors and
Labels (together, Moving Parties) sought
approval of a partial settlement of the
license rate proceeding before the
Judges titled Determination of Royalty
Rates and Terms for Making and
Distributing Phonorecords
(Phonorecords IV), Docket No. 21–CRB–
0001–PR (2023–2027). The Moving
Parties asserted that they had agreed to
a settlement as to royalty rates and
applicable regulatory terms relating to
physical phonorecords, permanent
downloads, ringtones, and music
bundles presently addressed in 37 CFR
part 385, subpart B (Subpart B
Configurations). The Moving Parties’
settlement agreement also addressed
payment of late fees relating to Subpart
B Configurations.
E:\FR\FM\30MRP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Proposed Rules]
[Pages 18340-18342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06657]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0200]
RIN 1625-AA00
Safety Zone; Hydroplane and Raceboat Museum Test Area, Lake
Washington, WA
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters within a 4,000-yard oval radius off the
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. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless specifically authorized by the Captain
of the Port Sector Puget Sound or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before April 14, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0200 using the Federal Decision Making 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 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
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
On January 26, 2022, the Hydroplane and Raceboat Museum notified
the Coast Guard that it will be conducting test trials of a high speed
watercraft on Lake Washington from 10 a.m. until 2 p.m. on May 24,
2022. Hazards associated with the test trial of a high speed watercraft
include vessel collisions, unusual wake and accidental catastrophic
human injury or death. The Captain of the Port Sector Puget Sound
(COTP) has determined that potential hazards associated with the test
trial would be a safety concern for anyone within a 4,000-yard oval
radius of the planned test area. The purpose of this rulemaking is to
ensure the safety of vessels and the navigable waters within a 4,000-
yard radius of the test area before, during, and after the scheduled
event. 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 COTP is proposing to establish a safety zone from 10 a.m. until
2 p.m. on May 24, 2022. The safety zone would cover all navigable
waters within a 4,000-yard oval radius from position 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
[[Page 18341]]
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the Hydroplane and
Raceboat Museum conducts its test trials. No vessel or person would 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 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 a designated representative. The regulatory text
we are proposing appears at the end of this document.
IV. 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
which would impact a small designated area of Lake Washington.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the 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
IV.A above, this rule will 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 proposed 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 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. 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 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 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 call or email 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 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 proposed 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. 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 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.
[[Page 18342]]
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0200 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0200 to read as follows:
Sec. 165.T13-0200 Safety Zone; Hydroplane and Raceboat Museum Test
Area, Lake Washington, WA.
(a) Location. The safety zone will cover all navigable waters
within a 4,000-yard oval radius 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).
(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.
(d) Enforcement period. This section will be enforced from 10 a.m.
until 2 p.m. on May 24, 2022.
Dated: March 24, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2022-06657 Filed 3-29-22; 8:45 am]
BILLING CODE 9110-04-P
