[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Rules and Regulations]
[Pages 38120-38122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15207]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0539]
RIN 1625-AA00


Security Zone; Thea Foss Waterway, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary security zone 
in the Thea Foss Waterway, Tacoma, Washington during a reception at the 
Museum of Glass. This security zone is necessary to ensure the safety 
of dignitaries while attending 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 6 p.m. (PDT) to 11:59 p.m. (PDT) on 
July 3, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0539 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

[[Page 38121]]

a NPRM would be contrary to public interest since immediate action is 
necessary to ensure the safety of the dignitaries that will be at the 
Museum of Glass 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 at the Museum of Glass on the date and times 
this rule will be in effect.

Background and Purpose

    The U.S. Coast Guard is establishing a temporary security zone in 
the Thea Foss Waterway, Tacoma, Washington to provide for the safety of 
visiting dignitaries while attending a reception at the Museum of 
Glass. The reception is one of many events planned in the Puget Sound 
during 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 security 
zone. 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 that includes all waters within a line connecting the 
following points 47[deg]14.80 N, 122[deg]26.00 W; 47[deg]14.80 N, 
122[deg]25.97 W; 47[deg]14.60 N, 122[deg]25.92 W; and 47[deg]14.6 N, 
122[deg]25.95 W. The security zone does not extend on land.
    The U.S. Coast Guard through this action intends to promote the 
security of personnel while attending the reception at the Museum of 
Glass, which is located on the waterfront of the Thea Foss Waterway, 
Tacoma, WA. 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 less than 
6 hours and vessel traffic can pass safely around the security zone.

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 less than 6 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

[[Page 38122]]

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; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1


0
2. From 6 p.m. (PDT) to 11:59 p.m. (PDT) on July 3, 2008, a temporary 
Sec.  165.T13-041 is added to read as follows:


Sec.  165.T13-041  Security Zone: Thea Foss Waterway, Tacoma, 
Washington.

    (a) Location. The following area is a security zone: All waters 
within a line connecting the following points 47[deg]14.80 N, 
122[deg]26.00 W; 47[deg]14.80 N, 122[deg]25.97 W; 47[deg]14.60 N, 
122[deg]25.92 W; and 47[deg]14.6 N, 122[deg]25.95 W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor 
within the security zone described in paragraph (a) of this section, 
except for vessels authorized by the Captain of the Port or his 
designated representatives.
    (c) Enforcement period. This rule is effective from 6 p.m. (PDT) to 
11:59 p.m. (PDT) on July 3, 2008. If the need for the security zone 
ends before the scheduled termination time, the Captain of the Port 
will cease enforcement of 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. E8-15207 Filed 7-2-08; 8:45 am]
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