[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Rules and Regulations]
[Pages 36840-36843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12651]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-021]
RIN 1625-AA00


Safety Zone; Tacoma Tall Ships 2005, Commencement Bay, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary moving Safety Zones 
around the Tall Ships participating in the Tacoma Tall Ships 2005 
Parade of Sail and simulated cannon battle events. The Safety Zones 
will be in effect in Quartermaster Harbor and Commencement Bay, 
Washington. These actions are necessary to provide for the safety of 
life and property on the navigable waters in Quartermaster Harbor and 
Commencement Bay, Washington for the participating Tall Ships during 
Tacoma Tall Ships 2005. This rule will temporarily restrict vessel 
traffic in portions of Quartermaster Harbor and Commencement Bay, 
Washington.

DATES: This rule is effective from 6 a.m. PDT on June 30, 2005 to 11:59 
p.m. PDT on July 4, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-05-021 and are available for 
inspection or copying at the Waterways Management Division, Coast Guard 
Sector Seattle, 1519 Alaskan Way South, Seattle, WA, 98134, between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen, 
Waterways Management Division, Coast Guard Sector Seattle, at (206) 
217-6232.

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. Due to the complex planning 
and coordination involved, final details for the Tacoma Tall Ships 2005 
event were not provided to the Coast Guard until May 23, 2005, making 
it impossible to publish a NPRM or a final rule 30 days in advance.
    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 in implementing this 
rule will be contrary to the public interest due to the risks inherent 
in this high visibility marine event with the participation of a large 
number of spectator and participating vessels.

Background and Purpose

    Tacoma, Washington will host the Tacoma Tall Ships 2005 festival 
from June 30 to July 4, 2005. While the Tacoma Tall Ships 2005 event is 
not an annual event, this visit of vessels is part of an annual series 
of sail training races, rallies, cruises, and port festivals organized 
by the American Sail Training Association (``ASTA'') in conjunction 
with host ports in the United States and Canada.
    The Tall Ships' visit to Tacoma, Washington will include a Parade 
of Sail into Tacoma on June 30, 2005, and simulated cannon battles from 
July 1 to July 4, 2005. Approximately 28 sailing

[[Page 36841]]

vessels are expected to participate in the Parade of Sail. There will 
be vessels participating in the event from several foreign countries 
and the high visibility of this event warrants that a safety zone be 
established to safeguard participating vessels, their crews and the 
maritime public.
    This rule creates safety zones for the Tacoma Tall Ships 2005 
event. The regulations will be in effect in Quartermaster Harbor and 
Commencement Bay, Washington from June 30, 2005 until July 4, 2005 
during the Parade of Sail and simulated cannon battles. Vessel 
congestion due to the large number of participating and spectator 
vessels poses a significant threat to the safety of life and property. 
This temporary rulemaking is necessary to ensure the safety of life and 
property on the navigable waters in Quartermaster Harbor and 
Commencement Bay by preventing the large number of spectator vessels 
from interfering with the organized events.

Discussion of Rule

    The Coast Guard will establish moving Safety Zones surrounding the 
Tall Ships participating in the Tacoma Tall Ships 2005 Parade of Sail 
and simulated cannon battle events. The Safety Zones will be in effect 
in Quartermaster Harbor and Commencement Bay, Washington. These Safety 
Zones will be used for the participating vessels of the Tacoma Tall 
Ships 2005 event and is effective from 6 a.m. PDT on June 30, 2005 to 
11:59 p.m. PDT on July 4, 2005. These Safety Zoned are designed to fit 
the needs of safety by facilitating the transit of participating 
vessels and minimizing the impact on the maritime community.
    This rule will provide for the safety of spectator craft, mariners, 
and the Tall Ships themselves while the Tall Ships are participating in 
the Parade of Sail and simulated cannon battles. During the Parade of 
Sail, the Tall Ships will be underway, most likely under sail, and with 
limited mobility. The actual Parade of Sail is scheduled to last 
approximately ten hours, beginning at 10 a.m. PDT on June 30, 2005 and 
ending at approximately 8 p.m. PDT on June 30, 2005. The parading 
vessels will muster at a staging area in Quartermaster Harbor, and will 
then transit south in Commencement Bay to the Thea Foss Waterway.
    This rule, for safety concerns, will control vessel movement in a 
regulated area surrounding the Tall Ships. For the purpose of this 
regulation, a Tall Ship means any vessel participating in Tacoma Tall 
Ships 2005. No vessel except for a public vessel may enter, remain in, 
or transit within the Safety Zone, unless authorized by the Coast Guard 
COTP Puget Sound or his on-scene designated representatives. Designated 
representatives of the Coast Guard COTP Puget Sound are defined as 
commissioned, warrant, and petty officers of the U.S. Coast Guard. Each 
person or vessel in a safety zone shall obey any direction or order of 
the COTP or his designated representatives. Public vessels for the 
purpose of this Temporary Final Rule are vessels owned, chartered, or 
operated by the United States, or by a State or political subdivision 
thereof.
    Vessels requesting to enter, remain in, or transit within the 
Safety Zone shall contact the on-scene official patrol on VHF-FM 
channel 13. In addition, measures or directions issued by Vessel 
Traffic Service Puget Sound pursuant to 33 CFR part 161 shall take 
precedence over the regulations in this Temporary Final Rule. 
Similarly, when a Tall Ship approaches within 50 yards of any vessel 
that is moored or anchored, the stationary vessel must stay moored or 
anchored while it remains in the Tall Ship's safety zone unless it is 
either ordered by, or given permission by the Captain of the Port, his 
designated representative or the on-scene official patrol to do 
otherwise.
    Sector Seattle maintains a telephone line that is manned 24 hours a 
day, 7 days a week. The public can contact Sector Seattle at (206) 217-
6002 to obtain information concerning enforcement of this rule.
    This Safety Zone regulation is enforceable by the terms set forth 
by 33 United States Code (U.S.C.) 1232. Enforcement of violations of 
these regulations may include, in addition to any civil and criminal 
penalties authorized by 33 U.S.C. 1232, in rem liability against the 
offending vessel as well as license sanctions against the offending 
mariner.

Regulatory Evaluation

    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 this rule under that Order. It is not ``significant'' under 
the regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this rule restricts access to the regulated area, the 
effect of this rule will not be significant because: (i) Individual 
Tall Ships safety zones are limited in size; (ii) the official on-scene 
patrol may authorize access to the Tall Ship safety zone; (iii) the 
Tall Ship safety zone for any given transiting Tall Ship will affect a 
given geographical location for a limited time; and (iv) the Coast 
Guard will make notifications via maritime advisories so mariners can 
adjust their plans accordingly.
    Additionally, the safety zones have been narrowly tailored to 
impose the least impact on maritime interests yet provide the level of 
safety and protection deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 may affect the following entities, some of which might be 
small entities: the owners or operators of vessels intending to operate 
near or anchor in the vicinity of Tall Ships in the navigable waters of 
the United States affected by this rule.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
regulations affecting navigation in Quartermaster Harbor and 
Commencement Bay will be in effect temporarily, and only for those 
periods of time necessary for the safety of the Tacoma Tall Ships 2005 
event participants. Recreational vessel traffic can pass safely around 
designated safety zones. Before the effective periods, the Coast Guard 
will make notification to the public via Local Notices to Mariners and 
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), the Coast Guard wants to 
assist small entities in understanding this rule so that they may 
better evaluate its effects on them and participate in the rulemaking 
process.
    If you think that this rule will affect your small business, 
organization, or

[[Page 36842]]

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.
    In addition, small businesses may make 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 will 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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

    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 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 will 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. Due to the temporary safety zone being less than one 
week in duration, an Environmental Checklist and Categorical Exclusion 
is not required.

List of Subjects in 33 CFR Part 165

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

0
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; 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.

0
2. From 6 a.m. PDT on June 30, 2005 to 11:59 p.m. PDT on July 4, 2005, 
temporarily add Sec.  165.T13-005 to read as follows:


Sec.  165.T13-005  Safety Zones; Tacoma Tall Ships 2005, Commencement 
Bay, Washington.

    (a) Location. The following area is a safety zone: a 50 yard radius 
around all Tall Ships located in the navigable waters of Quartermaster 
Harbor and Commencement Bay, Washington.
    (b) Effective dates. This section is effective from 6 a.m. (PDT) on 
June 30, 2005 to 11:59 p.m. (PDT) on July 4, 2005.
    (c) The following definitions apply to this section:
    (1) Federal Law Enforcement Officer means any employee or agent of 
the United States government who has the authority to carry firearms 
and make warrantless arrests and whose duties involve the enforcement 
of criminal laws of the United States.
    (2) Tall Ship means any vessel participating in Tacoma Tall Ships 
2005 event.
    (3) Tall Ship Safety Zone is a regulated area of water established 
by this section, surrounding Tall Ships for a 50-yard radius to provide 
for the safety of these vessels.

[[Page 36843]]

    (4) Navigation Rules means the International and Inland Navigations 
Rules, 33 CFR chapter I, subchapters D and E, parts 80-90.
    (5) Navigable waters of the United States means those waters 
defined as such in 33 CFR part 2.
    (6) Official Patrol means those persons designated by the Captain 
of the Port to monitor a Tall Ships safety zone, permit entry into the 
zone, give legally enforceable orders to persons or vessels with in the 
zone and take other actions authorized by the Captain of the Port. 
Persons authorized in paragraph (h) to enforce this section are 
designated as the Official Patrol.
    (7) Public vessel means vessels owned, chartered, or operated by 
the United States, or by a State or political subdivision thereof.
    (8) Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, 
or Specially Commissioned Washington Peace Officer as defined in 
Revised Code of Washington section 10.93.020.
    (d) General Regulation. The Tall Ship safety zone established by 
this section remains in effect around Tall Ships when underway during 
the Parade of Sail and simulated cannon battles. The Navigation Rules 
shall apply at all times within a Tall Ship safety zone.
    (e) Specific Regulations. (1) No vessel or person is allowed within 
50 yards of a Tall Ship that is underway, unless authorized by the on-
scene official patrol.
    (2) To request authorization to operate within 50 yards of a Tall 
Ship that is underway, contact the on-scene official patrol on VHF-FM 
channel 13.
    (3) When conditions permit, the on-scene official patrol should: 
Permit vessels constrained by their navigational draft or restricted in 
their ability to maneuver to pass within 50 yards of a Tall Ship in 
order to ensure a safe passage in accordance with the Navigation Rules.
    (4) When a Tall Ship approaches within 50 yards of any vessel that 
is moored or anchored, the stationary vessel must stay moored or 
anchored while it remains within the Tall Ship's safety zone unless it 
is either ordered by, or given permission by the Captain of the Port 
Puget Sound, his designated representative or the on-scene official 
patrol to do otherwise.
    (f) Exemption. Public vessels as defined in paragraph (c) of this 
section are exempt from complying with paragraphs (e)(1), (e)(2), 
(e)(3), and (e)(4) of this section.
    (g) Exception. 33 CFR part 161 contains Vessel Traffic Service 
regulations. Measures or directions issued by Vessel Traffic Service 
Puget Sound pursuant to 33 CFR part 161 will take precedence over the 
regulations in this section.
    (h) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section in the vicinity of a Tall Ship, any Federal 
Law Enforcement Officer or Washington Law Enforcement Officer may 
enforce the rules contained in this section pursuant to 33 CFR 6.04-11. 
In addition, the Captain of the Port may be assisted by other Federal, 
state or local agencies in enforcing this section.
    (i) Waiver. The Captain of the Port Puget Sound may waive any of 
the requirements of this section for any vessel or class of vessels 
upon finding that a vessel or class of vessels, operational conditions 
or other circumstances are such that application of this section is 
unnecessary or impractical for the purpose of port security, safety or 
environmental safety.

    Dated: June 16, 2005.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-12651 Filed 6-24-05; 8:45 am]
BILLING CODE 4910-15-P