[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Rules and Regulations]
[Pages 40617-40619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17261]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0505]
RIN 1625-AA87
Security Zone; 2011 Seattle Seafair Fleet Week Moving Vessels,
Puget Sound, Washington
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Coast Guard is establishing temporary security zones
around the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and the
USCGC MELLON (WHEC 717) which include all waters within 500 yards from
these vessels while each vessel is participating in the Seafair Fleet
Week Parade of Ships and while moored following the parade until
departing on August 8, 2011. These security zones are necessary to help
ensure the security of the vessels from sabotage or other subversive
acts during Seafair Fleet Week Parade of Ships and will do so by
prohibiting any person or vessel from entering or remaining in the
security zones unless authorized by the Captain of the Port (COTP),
Puget Sound or Designated Representative.
DATES: This rule is effective from 8 a.m. on August 3, 2011, through 5
p.m. on August 8, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0505 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0505 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Anthony P. LaBoy, Sector Puget
Sound, Waterways Management Division, US Coast Guard; telephone 206-
217-6323, e-mail [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 publishing an NPRM would be
impracticable due to the time required to finalize the list of event
participants.
[[Page 40618]]
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 would
be contrary to the public interest because immediate action is
necessary to protect the vessels that will be transiting in the parade.
Basis and Purpose
Seattle's Seafair Fleet Week is an annual event which brings a
variety of vessels to Seattle. During the event, the visiting military
vessels are at risk because of their inherent military function, and
because they will be transiting in the Parade of Ships in close
proximity to spectators, highly populated areas, and other vessels.
This rule is necessary to ensure the security of visiting foreign and
domestic military vessels not covered under the Naval Vessel Protection
Zone (NVPZ). See 33 CFR part 165, subpart G. The size of these security
zones is necessary to ensure the security of the visiting vessels is
equivalent to the vessels protected by the NVPZ. While participating in
the Parade of Ships it is important for the on scene patrol to have a
consistent zone size for all participating ships. The security zones
will help prevent any acts which would harm the vessels and their crew
and endanger vessels, property, and persons along the parade route.
Discussion of Rule
The temporary security zones established by this rule will prohibit
any person or vessel from entering or remaining within 500 yards of the
HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and the USCGC
MELLON (WHEC 717) while these vessels are participating in the Parade
of Ships and while moored at Pier 66, Terminal 25, and Terminal 46. The
COTP has granted general permission for vessels to enter the outer 400
yards of the security zone, so long as any vessels doing so operate at
the minimum speed necessary to maintain course. In the event the COTP
must revoke the general permission to enter, notice will be provided to
the public via a Broadcast Notice to Mariners. The security zones will
be enforced by Coast Guard personnel. The COTP may also be assisted in
the enforcement of the zones by other federal, state, or local
agencies.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard bases this finding on the fact that the security
zones will be in place for a limited period of time and vessel traffic
will be able to transit around the security zones. Maritime traffic may
also request permission to transit through the zones from the COTP,
Puget Sound or a Designated Representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities; the owners and operators of vessels intending to
operate in the waters covered by the security zones while they are in
effect. The rule will not have a significant economic impact on a
substantial number of small entities because the security zones will be
in place for a limited period of time and maritime traffic will still
be able to transit around the security zones. Maritime traffic may also
request permission to transit though the zones from the COTP, Puget
Sound or Designated Representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and
[[Page 40619]]
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of security
zones. An environmental analysis checklist and a categorical exclusion
is available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T13-186 to read as follows:
Sec. 165.T13-186 Security Zone; 2011 Seattle Seafair Fleet Week
Moving Vessels, Puget Sound, Washington
(a) Location. The following areas are security zones: All waters
within the Captain of the Port Puget Sound Zone encompassed within 500
yards of the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and
the USCGC MELLON (WHEC 717) while each vessel is participating in the
Seafair Fleet Week Parade of Ships and while moored at Pier 66,
Terminal 25, and Terminal 46, Elliott Bay, Seattle, WA.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart D, no person or vessel may enter or remain in the
security zones without the permission of the COTP or Designated
Representative. The COTP has granted general permission for vessels
that operate at the minimum speed necessary to maintain course to enter
the outer 400 yards of the security zone. In the event the COTP must
revoke the general permission to enter, notice will be provided to the
public via a Broadcast Notice to Mariners. See 33 CFR Part 165, Subpart
D, for additional requirements. The COTP may be assisted by other
federal, state or local agencies with the enforcement of the security
zones.
(c) Authorization. All vessel operators who desire to transit
through the outer 400 yards of the security zones at greater than
minimum speed necessary to maintain course, enter the inner 100 yards
of the security zones, or enter any portion of the security zones when
general permission to transit through outer 400 yards of the security
zones at minimum speed necessary to maintain course has been revoked
must obtain permission from the COTP or Designated Representative by
contacting the on-scene Coast Guard patrol craft on VHF 13 or Ch 16.
Requests must include the reason why movement within the security zones
is necessary. Vessel operators granted permission to enter the security
zones will be escorted by the on-scene Coast Guard patrol craft until
they are outside of the security zones, except that vessels operating
in the security zones under general permission to transit through the
outer 400 yards of the security zones at minimum speed necessary to
maintain course will not be escorted.
(d) Enforcement period. This rule is effective from 8 a.m. on
August 3, 2011, through 5 p.m. on August 8, 2011.
Dated: June 27, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-17261 Filed 7-8-11; 8:45 am]
BILLING CODE 9110-04-P