[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52622-52625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21690]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0800]
RIN 1625-AA87
Security Zone, Seward, AK
AGENCY: Coast Guard, DHS.
[[Page 52623]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving security
zone within 1000 yards of a designated vessel on the navigable waters
of the U.S. in Resurrection Bay, Seward, Alaska during the visit of the
President of the United States (POTUS) to the area. This action is
necessary to provide security for the President and first family of the
United States. Unauthorized vessels and persons will be prohibited from
entering or remaining in the security zones unless specifically
authorized by the Captain of the Port (COTP) or the COTP's designated
representative. A U.S. Coast Guard Broadcast Notice to Mariners (BNM)
will be conducted during this time to identify the vessel's name and
location in which the security zone pertains.
DATES: This rule is effective without actual notice from September 1,
2015 until 5 p.m. on September 2, 2015. For the purposes of
enforcement, actual notice will be used from 8 a.m. on August 31, 2015
until September 1, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0800]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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
temporary rule, call or email Lieutenant Eugene Chung, Coast Guard
Sector Anchorage Waterways Management Division, U.S. Coast Guard;
telephone (907) 428-4189 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 of the sensitive security issues
related to the POTUS. Providing a public notice and comment period is
contrary to national security concerns and the public interest. 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. Any delay encountered in this temporary rule's
effective date would be contrary to the public interest given the
immediate need to ensure the safety and security of the POTUS and first
family during their visit to Seward, Alaska from August 31, 2015
through September 02, 2015.
B. Basis and Purpose
The legal basis for this rule is 33 U.S.C. 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, and
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1.
The POTUS and first family are scheduled to visit Seward, Alaska,
from August 31, 2015 through September 02, 2015. It is expected that
they will reside and/or participate in activities on properties that
are adjacent to navigable waters within the Captain of the Port,
Western Alaska zone. The U.S. Secret Service has requested that the
Coast Guard provide 1000-yard moving security zone around the POTUS and
the first family. This security zone is intended to provide security
for the POTUS and first family by preventing vessels and persons from
approaching the location of the POTUS and first family without prior
authorization from the U.S. Secret Service.
C. Discussion of the Temporary Final Rule
This temporary rule establishes a temporary moving security zone
within 1000 yards of a designated vessel on the navigable waters of the
U.S. in Resurrection Bay, Seward, Alaska from August 31, 2015 through
September 02, 2015, during the visit of the POTUS and first family to
Alaska. This rule is effective from 8 a.m. on Monday, August 31, 2015
through 5 p.m. on Wednesday, September 2, 2015. This action is intended
to prohibit unauthorized vessels or persons from entering or remaining
in navigable waters located within 1000 yards of the POTUS and/or first
family while they are in or near the navigable waters of the U.S.
during their visit to Seward, Alaska. The Captain of the Port, Western
Alaska, anticipates negligible negative impact on vessel traffic from
this temporary security zone, as they will be in effect for no more
than three days, and will only be enforced while the POTUS and/or first
family are in the vicinity of the navigable waters of the U.S. at
Seward, Alaska. It has been determined that the necessary security
enhancements provided by this rule greatly outweigh any potential
negative impacts.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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 13536. 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, approximately three days 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, Western Alaska 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 potential impact 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
[[Page 52624]]
significant economic impact on a substantial number of small entities.
This rule may affect the following entities, some of which may be small
entities: The owners and operators of vessels intending to transit
navigable waters in the vicinity of Seward, Alaska from 8:00 a.m. on
Monday, August 31, 2015 through 5:00 p.m. on Wednesday, September 2,
2015. The security zone will not have a significant impact on a
substantial number of small entities for the following reasons: The
security zone is temporary and will be enforced only when the POTUS
and/or first family are in the vicinity of the navigable waters of the
U.S. at Seward, Alaska. Thus, the temporary nature and limited
effective period and anticipated enforcement periods of the zone,
coupled with the ability of the maritime public to maneuver around the
zone, will allow small entities to plan and conduct their business
accordingly.
3. 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 could better evaluate
its effects on them and participate in the rulemaking process. If you
think your small business or organization would be affected by this
rule and you have any questions concerning its provisions or options
for compliance, please call Lieutenant Eugene Chung at (907) 428-4189.
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 calls for no 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 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.
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 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.
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
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 which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary moving
security zone within 1000 yards of a designated vessel on the navigable
waters of the U.S. in Resurrection Bay, Seward, Alaska. This rule is
categorically excluded, from further review under paragraph (34)(g) of
Figure 2-1 of the Commandant Instruction. 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), Reports and
recordkeeping requirements, Security measures, and 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 Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0800 to read as follows:
Sec. 165.T01-0800 Security Zone: Seward, Alaska.
(a) Location. The following areas are security zones: All navigable
waters, from surface to bottom, within 1000
[[Page 52625]]
yards of the POTUS and/or first family while underway in, or on shore
but within 1000 yards of, the navigable waters of the U.S. in the
coastal areas of Seward, Alaska.
(b) Notification. Coast Guard Sector Anchorage will give actual
notice to mariners for the purpose of enforcement of this temporary
security zone.
(c) Effective period. This rule is effective for purposes of
enforcement from 8:00 a.m. on Monday, August 31, 2015 through 5:00 p.m.
on Wednesday, September 02, 2015.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply.
(2) In accordance with the general regulations in Sec. 165.33 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port or his designated
representatives.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port to act on his behalf. The on-scene representative
may be on a Coast Guard vessel, or onboard a federal, state, or local
agency vessel that is authorized to act in support of the Coast Guard.
(4) Upon being hailed by a U.S. Coast Guard vessel or a designated
representative, by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed.
(5) Vessel operators desiring to enter or operate within this
security zone shall contact the Captain of the Port or his designated
representative via VHF channel 16 to obtain permission to do so.
Dated: August 24, 2015.
Paul Albertson,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2015-21690 Filed 8-31-15; 8:45 am]
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