[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Rules and Regulations]
[Pages 42115-42117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15959]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD-13-04-033]
RIN 1625-AA87


Security Zone Regulations; Elliot Bay and Lake Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones 
around the M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS AND P/C 
OLYMPUS while underway, anchored, or moored on Lake Washington, 
Washington. In addition, the Coast Guard is establishing temporary 
security zones around Pier 70 and Amgen located on Elliott Bay and the 
National Oceanographic and Atmospheric Administration (NOAA) Sandpoint 
Facility and Gates Residence located on Lake Washington. Entry into 
these zones is prohibited unless authorized by the Captain of the Port, 
Puget Sound or his designated representatives. The Coast Guard is 
establishing these temporary security zones around these waterways and 
these vessels to provide safety and security during the National 
Governors Association (NGA) Conference. The Captain of the Port, Puget 
Sound, Washington is taking this action to safeguard the dignitaries, 
official parties, VIP's and other participants (``attendees'') 
attending the NGA Conference from terrorism, sabotage, or other 
subversive acts. Entry into these zones is prohibited unless authorized 
by the Captain of the Port.

DATES: This rule is effective from 11 a.m on July 17, through 2 a.m. on 
July 19 2004, unless sooner cancelled by the Captain of the Port.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Office 
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington 
98134. Normal office hours are between 8 a.m. and 4 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG T.D. Thayer, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, 
(206) 217-6230.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. 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. Publishing 
a NPRM would be contrary to public interest. It is also in the public 
interest to have these regulations effective less than 30 days after 
publication. This rule is needed to provide for the security of the 
public, the NGA Conference and the conference attendees, and the safety 
of the waterways due to the potential for hostile and violent acts 
including from demonstrators protesting the NGA Conference. This 
Temporary Final Rule is necessary for the Coast Guard as well as other 
Federal, State and Local law enforcement officials to put appropriate 
security measures in place in time for the start of the NGA Conference. 
If normal notice and comment procedures were followed, national 
security could be compromised.

Background and Purpose

    The Coast Guard is establishing temporary security zone regulations 
to safeguard designated vessels carrying NGA Conference attendees and 
the venue areas established for the attendees from potential terrorism, 
sabotage, or other subversive acts. These temporary security zones will 
mitigate these potential threats and are necessary to protect the 
public, conference attendees, law enforcement officers, maritime 
transportation infrastructure and the flow of commerce on these 
waterways. Representatives of the Captain of the Port Puget Sound, 
Washington will enforce these security zones. The Captain of the Port 
may be assisted by other federal, state and local agencies.

Discussion of Rule

    This Temporary Final Rule establishes moving security zones around 
certain vessels that will be used to transport conference attendees. 
This Temporary Final Rule also establishes security zones in the 
navigable waters of the United States around four different venues 
located on Elliott Bay and Lake Washington. These security zones will 
control vessel movements in and around these zones and they are 
necessary to safeguard the NGA Conference attendees from terrorism, 
sabotage, or other subversive acts. The security zones established by 
this Temporary Final Rule are as follows: (1) All waters of Lake 
Washington, Washington State, within a 200 yard radius centered on the 
M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS AND P/C OLYMPUS while 
these vessels are underway, anchored, or moored; (2) all waters of 
Elliott Bay, Washington, within a 200 yard radius centered on 
47[deg]37.6[min] N, 122[deg]22.5[min] W, near the Amgen facility, which 
is located between Pier 90/91 and the grain terminal; (3) all waters of 
Elliott Bay, Washington , within a 200 yard radius centered on 
47[deg]36.88[min] N, 122[deg]21.45[min] W, which is the approximate 
location of the end of Pier 70; (4) all waters of Lake Washington, 
Washington State, within a 200 yard radius centered on 47[deg]41.3[min] 
N, 122[deg]15.8[min] W, which is the location of National Oceanographic 
and Atmospheric Administration's Sandpoint Facility; and (5) all waters 
of Lake Washington, Washington State, south of the Highway 520 floating 
bridge, which are enclosed by following points: 47[deg]37[min]758[sec] 
N, 122[deg]14[min]554[sec] W; 47[deg]37[min]758[sec] N, 
122[deg]14[min]680[sec] W; 47[deg]37[min]572[sec] N, 
122[deg]14[min]610[sec] W; 47[deg]37[min]575[sec] N, 
122[deg]14[min]679[sec] W [Datum: NAD 1983]. Entry into these security 
zones is prohibited unless authorized by the Captain of the Port.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory

[[Page 42116]]

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. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). The Coast Guard expects the 
economic impact of this regulation to be so minimal that a full 
Regulatory Evaluation under the regulatory policies and procedures of 
DHS is unnecessary. This expectation is based on the fact that this 
rule will be in effect for a short period of time.

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 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 or operators of vessels intending to transit 
portions of Elliott Bay and Lake Washington. The security zone will not 
have a significant economic impact on a substantial number of small 
entities because of the limited areas these security zones cover and 
the short duration in time that they will be enforced. Because the 
impacts of this rule are so minimal, the Coast Guard certifies under 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.

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 so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
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. 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).

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 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 effect 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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the rights of Native American Tribes 
under the Stevens Treaties. Moreover, the Coast Guard is committed to 
working with Tribal Governments to implement local policies to mitigate 
tribal concerns. We have determined that these security zones and 
fishing rights protection need not be incompatible. We have also 
determined that this Temporary Final 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. Nevertheless, Indian Tribes that have questions concerning the 
provisions of this Temporary Final Rule or options for compliance are 
encourage to contact the point of contact listed under FOR FURTHER 
INFORMATION CONTACT.

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.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' will be available in the 
docket where indicated under ADDRESSES.

[[Page 42117]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--[AMENDED]

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; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A temporary Sec.  165.T13-011 is added to read as follows:


Sec.  165.T13-011  Security Zone; Elliot Bay and Lake Washington, WA.

    (a) Security Zones. The following are security zones:
    (1) M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS and P/C OLYMPUS 
Security Zones: All waters of Lake Washington, Washington State, within 
a 200 yard radius centered on the M/V ARGOSY VIRGINIA 5, M/V ARGOSY 
CELEBRATIONS AND P/C OLYMPUS while underway, anchored, or moored. The 
security zone around these vessels will be enforced from 11 a.m. on 
July 17, 2004, until 2 a.m. on July 18, 2004.
    (2) Amgen Security Zone: All waters of Elliott Bay, Washington, 
within a 200 yard radius centered on 47[deg]37.6' N, 122[deg]22.5' W 
[Datum: NAD 1983]. The security zone around the Amgen facility will be 
enforced from 11 a.m. on July 18, 2004, until 2 a.m. on July 19, 2004.
    (3) Pier 70 Security Zone: All waters of Elliott Bay, Washington, 
within a 200 yard radius centered on 47[deg]36.88' N, 122[deg]21.45' W 
[Datum: NAD 1983]. The security zone around Pier 70 will be enforced 
from 11 a.m. on July 17, 2004, until 2 a.m. on July 18, 2004.
    (4) National Oceanographic and Atmospheric Administration (NOAA) 
Sandpoint Facility Security Zone: All waters of Lake Washington, 
Washington State, within a 200 yard radius centered on 47[deg]41.3' N, 
122[deg]15.8' W [Datum: NAD 1983]. The security zone around the NOAA 
Sandpoint facility will be enforced from 11 a.m. on July 17, 2004, 
until 2 a.m. on July 18, 2004.
    (5) Gates Residence Security Zone: All waters of Lake Washington, 
Washington State, south of the Highway 520 floating bridge, which are 
enclosed by following points: 47[deg]37'758'' N, 122[deg]14'554'' W; 
47[deg]37'758'' N, 122[deg]14'680'' W; 47[deg]37'572'' N, 
122[deg]14'610'' W; 47[deg]37'575'' N, 122[deg]14'679'' W [Datum: NAD 
1983]. The Gates residence security zone will be enforced from 11 a.m. 
on July 17, 2004, until 2 a.m. on July 18, 2004.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart D, this section applies to any person or vessel 
in the navigable waters of the United States. No person or vessel may 
enter or remain in the above security zone, unless authorized by the 
Captain of the Port or his designated representatives. Vessels and 
persons granted authorization to enter the security zone shall obey all 
lawful orders or directions of the Captain of the Port or his 
designated representative.
    (c) Effective period. This section is effective from 11 a.m. on 
July 17, 2004, until 2 a.m. on July 19, 2004, unless sooner cancelled 
by the Captain of the Port.

    Dated: July 8, 2004.
D. Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 04-15959 Filed 7-9-04; 2:46 pm]
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