[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14801-14803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07026]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0105]
RIN 1625-AA87
Security Zone, Seattle's Seafair Fleet Week Moving Vessels, Puget
Sound, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its Seattle Seafair Fleet
Week Moving Vessels Security Zone regulation. This amendment would
change the information in annual notices of enforcement that are
published both in the Federal Register and Local Notice to Mariners.
This action is necessary because last minute changes in the vessels
participating in the Parade of Ships during Fleet Week prevent the
Coast Guard from identifying the designated participating vessels in
the Federal Register within the allotted timeframe. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 21, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0105 using the Federal eRulemaking Portal at http://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 on this proposed
rule, call or email Petty Officer Zachary Spence, Sector Puget Sound
Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051,
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 July 10, 2012 (77 FR 40521), the Coast Guard Captain of the
Port, Sector Puget Sound, published a final rule that became effective
Aug. 1, 2012; the Seattle's Seafair Fleet Week Moving Vessels security
zone. That final rule establishes a security zone around designated
participating vessels that are not protected by the Naval Vessel
Protection Zone in Seattle's Seafair Fleet Week Parade of Ships.
Designated participating vessels are named by the Coast Guard each year
prior to the event in a Federal Register notice, as well as the Local
Notice to Mariners. These security zones are necessary to help ensure
the security of the vessels from sabotage or other subversive acts.
The purpose of this rulemaking is to amend the information required
in the Notice of Enforcement published in the Federal Register and
Local Notice to Mariner and add the requirement to publish the names of
participating vessel in a Broadcast Notice to Mariners before the
scheduled event. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Captain of the Port Puget Sound proposes to amend the
provisions in 33 CFR 165.1333 regarding information published in the
notice of enforcement for the annual security zone for Seattle's
Seafair Fleet Weeks Parade of Ships. Currently, the Coast Guard
publishes the names of the vessels participating in the Parade of
Ships, in a notice of enforcement at least 3 days prior to the
beginning of Seattle's Seafair. These are military vessels. In past
years, some vessels participating in the Parade of Ships changed their
plans due to operational needs, and as a result, the changes precluded
the Coast Guard from providing sufficient notice in the Federal
Register. This proposed amendment is necessary because the changing
schedules of vessels sometimes makes it impossible to know which
vessels will ultimately participate in the Parade of Ships and
[[Page 14802]]
also provide timely notice in the Federal Register.
The Coast Guard proposes to amend the information required in the
notice of enforcement to only include the date and time of the Parade
of Ships, and not the names of the vessels. In order to provide notice
to the public regarding the vessels requiring the security zone, the
Coast Guard will provide notice to the public of the designated
participating vessels by issuing a Broadcast Notice to Mariners before
and during the event. In addition, the security zone will be enforced
with actual notice during the Seattle Seafair Fleet Week each year. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the fact that this
rule would only change the mean in which the public will be notified
about the security 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would 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 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 proposed 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. 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 proposed rule would 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 proposed 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 contact 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 amending the way in which the Coast Guard will notify the
public which vessels are designated participants in Seattle's Seafair
Fleet Week. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination is 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 proposed rule.
G. 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.
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
[[Page 14803]]
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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
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: 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. Amend Sec. 165.1333 by revising paragraphs (a) and (e) to read as
follows:
Sec. 165.1333 Security Zones, Seattle's Seafair Fleet Week moving
vessels, Puget Sound, WA.
(a) Location. The following areas are security zones: all navigable
waters within 500 yards of each designated participating vessel in the
Parade of Ships while each such vessel is in the Sector Puget Sound
Captain of the Port (COTP) zone, as defined in 33 CFR 3.65-10, during a
time specified in paragraph (e) of this section.
* * * * *
(e) Annual enforcement period. The security zones described in
paragraph (a) of this section will be enforced with actual notice
during Seattle Seafair Fleet Week each year for a period of up to 1
week. The Seattle Seafair Fleet Week will occur annually sometime
between July 25 and August 14. The Coast Guard will publish an annual
notice enforcement containing the dates that this section will be
enforced in the Federal Register and Local Notice to Mariners. A
Broadcast Notice to Mariners will also be issued before the start of
the Seattle Seafair Fleet Week to identify the designated participating
vessels for that year.
Dated: April 2, 2018.
Linda A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2018-07026 Filed 4-5-18; 8:45 am]
BILLING CODE 9110-04-P