Rule2024-22017
Safety Zone; Lake Washington, Washington
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 26, 2024
Effective
September 28, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone in the navigable waters of Lake Washington, Washington to protect personnel, vessels, and the marine environment from potential hazards posed by low-flying aircraft during the First World Flight Centennial Celebration. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 187 (Thursday, September 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Rules and Regulations]
[Pages 78821-78823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22017]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024- 0857]
RIN 1625-AA00
Safety Zone; Lake Washington, Washington
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Lake Washington, Washington to protect personnel,
vessels, and the marine environment from potential hazards posed by
low-flying aircraft during the First World Flight Centennial
Celebration. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Puget
Sound.
DATES: This rule is effective from 1 p.m. through 5 p.m. on September
28, 2024.
ADDRESSES: Documents mentioned in this preamble are available in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0857in the search
box and click ``Search.'' Next, in the Document Type column, select
``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Anthony Pinto, Waterways Management Division,
U.S. Coast Guard Sector Puget Sound; telephone 206-217-6051; email
<a href="/cdn-cgi/l/email-protection#96c5f3f5e2f9e4c6e3f1f3e2c5f9e3f8f2c1c1dbd6e3e5f5f1b8fbfffa"><span class="__cf_email__" data-cfemail="65360006110a173510020011360a100b0132322825101606024b080c09">[email protected]</span></a>.
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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because prompt action is
required to ensure public safety during the First World Flight
Centennial Celebration over Lake Washington. It is impracticable to
publish an NPRM because we must establish this safety zone by September
28, 2024.
Also, 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 prompt action is needed to
mitigate the safety risks posed by the airshow.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Puget Sound (COTP) has determined
that potential safety hazards associated with the airshow presents an
increased risk to the safety of life to make this safety zone necessary
to protect personnel, vessels, and the marine environment in the
navigable waters of Lake Washington, Washington immediately before,
during, and after the airshow takes place.
[[Page 78822]]
IV. Discussion of the Rule
This rule establishes a safety zone from 1 p.m. through 5 p.m. on
September 28, 2024, covering all navigable waters within Lake
Washington, in the vicinity of Sand Point, starting at position
47[deg]42'08'' N, 122[deg]15'55'' W thence eastward to 47[deg]42'26''
N, 122[deg]15'11'' W thence southward to 47[deg]40'51'' N,
122[deg]13'34'' W thence westward to 47[deg]40'32'' N, 122[deg]14'18''
W. The duration of the safety zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters before,
during, and after the airshow. No vessel or person may enter the safety
zone without obtaining permission from the COTP or a 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The regulated area is
limited in scope, consists of a portion of the navigable waters within
Lake Washington, Washington, affecting the area for a limited duration
for a maximum of 4 hours. Although persons and vessels not engaged in
the actual marine event will not be able to enter, transit through,
anchor in, or remain within the safety zone without authorization from
the COTP or a designated representative, vessel traffic will be able to
safely transit around the safety zone and the rule will allow vessels
to seek permission to transit 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 V,
subsection 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 affects 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 Lake
Washington, Washington, in the vicinity of Sand Point, starting at
position 47[deg]42'08'' N, 122[deg]15'55'' W thence eastward to
47[deg]42'26'' N, 122[deg]15'11'' W thence southward to 47[deg]40'51''
N, 122[deg]13'34'' W thence westward to 47[deg]40'32'' N,
122[deg]14'18'' W being used for the airshow. It is categorically
excluded from further review under paragraph L60(a) 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
[[Page 78823]]
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 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0857 to read as follows:
Sec. 165.T13-0857 Safety Zone; Lake Washington, Washington.
(a) Location. The following area is a safety zone: all navigable
waters within Lake Washington, Washington, in the vicinity of Sand
Point, starting at position 47[deg]42'08'' N, 122[deg]15'55'' W thence
eastward to 47[deg]42'26'' N, 122[deg]15'11'' W thence southward to
47[deg]40'51'' N, 122[deg]13'34'' W thence westward to 47[deg]40'32''
N, 122[deg]14'18'' W.
(b) Definitions. As used in this section, 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 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 on VHF Ch 13 or Ch 16, or Coast Guard Sector Puget
Sound Joint Harbor Operations Center (JHOC) via telephone 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 COTP's designated
representative.
(d) Enforcement period. This rule will be enforced from 1 p.m.
until 5 p.m. on September 28, 2024.
Dated: September 20, 2024.
Mark A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2024-22017 Filed 9-25-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 26, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.