[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37833-37835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15040]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0558]
RIN 1625-AA00


Security Zone; USCGC EAGLE, Elliott Bay, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a 100 yard temporary 
security zone surrounding the USCGC EAGLE during a reception while 
anchored in Elliott Bay, Seattle, Washington. This security zone is 
necessary to ensure the safety of dignitaries embarked on USCGC EAGLE 
for the reception. Entry into, transit through, mooring, or anchoring 
within this zone is prohibited unless authorized by the Captain of the 
Port, Puget Sound or his designated representatives.

DATES: This rule is effective from 12 noon. (PDT) to 11 p.m. (PDT) on 
July 2, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0558 and are available for 
inspection or copying at USCG Sector Seattle, Waterways Management 
Division between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning this 
rule, call Ensign Heidi A. Bevis, Waterways Management Division, U.S. 
Coast Guard Sector Seattle, at 206-217-6147.

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. Publishing a NPRM would be 
contrary to public interest since immediate action is necessary to 
ensure the safety of the dignitaries that will be on board USCGC EAGLE 
on the date and times this rule will be in effect. If normal notice and 
comment procedures were followed, this rule would not become effective 
until after the date of the event.
    Under 5 U.S.C. 553(d)(3), the U.S. Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Making this rule effective less 
than 30 days after publication is necessary to ensure the safety of the 
dignitaries that will be onboard the USCGC EAGLE on the date and times 
this rule will be in effect.

Background and Purpose

    The U.S. Coast Guard is establishing a 100 yard temporary security 
zone surrounding USCGC EAGLE to provide for the safety of visiting 
dignitaries while on board USCGC EAGLE for a reception. USCGC EAGLE's 
presence in the Puget Sound is part of the annual ASTA Pacific Tall 
Ships Challenge and the Tacoma Tall Ships 2008 Event. The U.S. Coast 
Guard is establishing this zone to ensure that no unauthorized vessels 
or persons enter into the 100 yard area surrounding the USCGC EAGLE. 
The security zone is needed to protect the dignitaries from any 
waterborne threats.

Discussion of Rule

    This rule will control the movement of all vessels and persons in a 
security zone surrounding USCGC EAGLE as indicated in section 2 of this 
Temporary Final Rule. The security zone includes all waters within 100 
yards surrounding USCGC EAGLE. The security zone does not extend on 
land.
    The U.S. Coast Guard through this action intends to promote the 
security of personnel and USCGC EAGLE. Entry into this zone by all 
vessels or persons will be prohibited unless authorized by the Captain 
of the Port. This security zone will be enforced by U.S. Coast Guard 
personnel. The Captain of the Port may be assisted by other federal, 
state, or local agencies as needed.

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 it under that Order. This rule will be in effect for only 11 
hours and vessel traffic can pass safely around the security zone.

[[Page 37834]]

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 U.S. 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 security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only 11 hours and vessel traffic can pass 
safely around the security zone. Before the effective period, we will 
issue maritime advisories widely available throughout the Puget Sound.

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

    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 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. Under 
figure 2-1, paragraph (34)(g), of the Instruction, an ``Environmental 
Analysis Check List'' and a ``Categorical Exclusion Determination'' are 
not required for this rule because it concerns an emergency situation 
of less than 1 week in duration.

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. Chapters 701; 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; Department of Homeland Security 
Delegation No. 0170.1


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2. From 12 noon (PDT) to 11 p.m. (PDT) on July 2, 2008, a temporary 
Sec.  165.T13-048 is added to read as follows:


Sec.  165.T13-048  Security Zone: USCGC EAGLE, Elliott Bay, Seattle, 
Washington.

    (a) Location. The following area is a security zone: 100 yards 
surrounding the USCGC EAGLE during a reception while anchored in 
Elliott Bay, Seattle, Washington.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor 
within this security zone, except for vessels authorized by the Captain 
of the Port or his designated representatives.
    (c) Enforcement period. This section is effective from 12 noon 
(PDT) to 11 p.m. (PDT) on July 2, 2008. If the need for the security 
zone ends before the scheduled termination time, the Captain of the 
Port will cease enforcement of

[[Page 37835]]

this section and will announce that fact via Broadcast Notice to 
Mariners.

    Dated: June 20, 2008.
Stephen P. Metruck,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E8-15040 Filed 7-1-08; 8:45 am]
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