[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25599-25601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10488]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1075]
RIN 1625-AA87
Security Zone, U.S. Open Golf Championship, South Puget Sound;
University Place, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
the U.S. Open Golf Championship at Chambers Bay Golf Course in South
Puget Sound, University Place, WA, from June 14, 2015 through June 22,
2015. This action is necessary to ensure the safety and security of
participants, spectators, and event officials at the U.S. Open Golf
Championship, and will do so by prohibiting any person or vessel from
entering or remaining in the security zone unless authorized by the
Captain of the Port or his Designated Representative.
DATES: This rule is effective from June 14, 2015 through June 22, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-1075]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, and use
``USCG-2014-1075'' as your search term. Click on the link for this
rulemaking and follow the instructions on that Web site for viewing
documents in the docket. You may also visit the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 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 rule,
call or email Petty Officer Ryan Griffin, Waterways Management
Division, Coast Guard Sector Puget Sound, telephone (206) 217-6045 or
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Pierce County Sheriff Department requested that the Coast Guard
establish a temporary security zone to assist in the security and
safety of the 65,000 potential attendees of the U.S Open Golf
Championship event, set to take place at Chambers Bay Golf Course in
South Puget Sound, University Place, WA, from June 14, 2015 through
June 22, 2015. On February 11, 2015, the Coast Guard proposed to
establish a temporary security zone in connection with this event by
publishing a notice of proposed rulemaking (NPRM) entitled, ``Security
Zone, U.S. Open Golf Championship, South Puget Sound; University Place,
WA'' in the Federal Register (80 FR 7553). The Coast Guard received no
comments in response to the NPRM, and received no requests for a public
meeting.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish security zones.
The Chambers Bay Golf Course, located in the city of University
Place, WA and the County of Pierce, will be the host site for the U.S.
Golf Association 115th Annual U.S. Open Golf Championship from June 15,
2015 through June 21, 2015. This event will have a daily attendance of
approximately 65,000 people and receives international press including
multiple days of live television coverage. Due to the high number of
general public in attendance and press coverage, the U.S. Open Golf
Championship qualifies as a significant special event that requires a
security zone. Based on past incursions at similar events at Chambers
Bay Golf Course, this security zone is necessary for the size detailed
in the regulation section below, 24 hours a day, for the duration of
the event.
The purpose of this rule is to deter and prevent potential criminal
and terrorist activity against the large gathering of people at the
highly publicized U.S. Open Golf Championship. This action is necessary
to ensure the safety and security of participants, spectators, and
event officials at the U.S. Open Golf Championship, and will do so by
prohibiting any person or vessel from entering or remaining in the
security
[[Page 25600]]
zone unless authorized by the Captain of the Port or his Designated
Representative.
C. Discussion of the Temporary Final Rule
On February 11, 2015, the Coast Guard proposed to establish a
temporary security zone in connection with the U.S. Open Golf
Championship by publishing an NPRM in the Federal Register (80 FR
7553). The Coast Guard received no comments in response to the NPRM. As
a result, the Coast Guard is establishing this temporary security zone
as proposed in the NPRM without change.
This temporary final rule establishes a temporary security zone on
all waters encompassed by the following points: 47[deg]12'50'' N.,
122[deg]35'25'' W.; thence southerly to 47[deg]11'14'' N.,
122[deg]35'50'' W.; thence easterly to the shoreline at 47[deg]11'14''
N., 122[deg]35'03'' W.; thence northerly along the shoreline to
47[deg]12'49'' N., 122[deg]34'39'' W.; thence westerly back to the
point of origin.
Vessels wishing to enter the security zone must request permission
for entry by contacting the Joint Harbor Operations Center at (206)
217-6001, or the on-scene patrol craft via VHF-FM Ch 13. If permission
for entry is granted, vessels must proceed at a minimum speed for safe
navigation.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The rule is not a
significant regulatory action because the security zone will be in
place for a limited period of time and vessel traffic will be able to
transit around the security zone. Maritime traffic may also request
permission to transit through the zone from the Captain of the Port
(COTP), Puget Sound or a Designated Representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business
Administration on this rule. 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 affects 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
zone while it is in effect. The rule will not have a significant
economic impact on a substantial number of small entities because the
temporary security zone would be in place for a limited period of time
and maritime traffic will be able to transit around the security zone.
Maritime traffic may also request permission to transit through the
zone from the COTP, Puget Sound or a Designated Representative.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. 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).
5. Federalism
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 determined
that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 25601]]
11. 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.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 the establishment of a temporary
security zone near Chambers Bay Golf Course in South Puget Sound,
University Place, WA. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T13-281 to read as follows:
Sec. 165.T13.281 Security Zone; U.S. Open Golf Championship, South
Puget Sound; University Place, WA.
(a) Location. This temporary security zone is established in all
waters encompassed by the following points: 47[deg]12'50'' N.,
122[deg]35'25'' W.; thence southerly to 47[deg]11'14'' N.,
122[deg]35'50'' W.; thence easterly to the shoreline at 47[deg]11'14''
N., 122[deg]35'03'' W.; thence northerly along the shoreline to
47[deg]12'49'' N., 122[deg]34'39'' W.; thence westerly back to the
point of origin.
(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 zone created by this section without the permission of the
Captain of the Port or his Designated Representative. Designated
Representatives are Coast Guard Personnel authorized by the Captain of
the Port to grant persons or vessels permission to enter or remain in
the security zone created by this section. See 33 CFR part 165, subpart
D, for additional information and requirements. Vessels wishing to
enter the zone must request permission for entry by contacting the
Joint Harbor Operations Center at (206) 217-6001, or the on-scene
patrol craft via VHF-FM Ch 13. If permission for entry is granted
vessels must proceed at a minimum speed for safe navigation.
(c) Enforcement period. This rule will be enforced from 6 a.m. on
June 14, 2015, until 11 p.m. on June 22, 2015, unless canceled sooner
by the Captain of the Port.
Dated: April 22, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-10488 Filed 5-4-15; 8:45 am]
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