[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34927-34929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14849]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0525]
RIN 1625-AA00


Safety Zone; Parade of Ships, Seattle SeaFair Fleet Week, Pier 
66, Elliott Bay, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
extending 100 yards from Pier 66, Elliott Bay, Washington to ensure 
adequate safety of the boating public during naval and aerial spectator 
events associated with the Parade of Ships for the annual Seattle 
SeaFair Fleet Week. This action is intended to restrict vessel traffic 
movement and entry into, transit through, mooring, or anchoring within 
these zones is prohibited unless authorized by the Captain of the Port, 
Puget Sound or Designated Representative.

DATES: This rule is effective from 8 a.m. until 8 p.m. on August 4, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2010-0525 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0525 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Ensign Ashley M. Wanzer, Sector Seattle 
Waterways Management, Coast Guard; telephone 206-217-6175, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act

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(APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a 
rule without prior notice and opportunity to comment when the agency 
for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because immediate action is necessary to ensure the safety of 
spectators and participants attending Fleet Week Maritime Festival. 
Delaying the effective date by first publishing an NPRM would be 
contrary to the safety zone's intended objective since immediate action 
is needed to protect persons and vessels against the hazards associated 
with event activities, such as the pass and review of ships and 
accompanying aerial demonstrations. Additionally, the zone should have 
negligible impact on vessel transits due to the fact that vessels will 
be limited from the area for only a limited time and vessels can still 
transit in the majority of Elliott Bay during the event. Accordingly, 
under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing an NPRM.

Basis and Purpose

    The Coast Guard is establishing a temporary safety zone extending 
100 yards from Pier 66, Elliott Bay, WA to ensure adequate safety for 
the public during the Parade of Ships for the annual Seattle SeaFair 
Fleet Week. For the purposes of this rule the Parade of Ships includes 
both the pass and review of the ships near Pier 66 and the aerial 
demonstrations immediately following the pass and review. These events 
have historically resulted in vessel congestion near Pier 66, Elliott 
Bay, WA which compromises participant spectator safety. This safety 
zone is also necessary to ensure the safety of participant vessels 
through providing unobstructed vessel traffic lanes to ensure 
unobstructed access to emergency response craft in the event of an 
emergency. The Captain of the Port, Puget Sound may be assisted by 
other Federal and local agencies in the enforcement of this safety 
zone.

Discussion of Rule

    This rule will prohibit the movement of all vessel operators within 
the indicated safety zone extending 100 yards from Pier 66, Elliott 
Bay, Washington during period of enforcement. The temporary safety zone 
is delineated by the points 47[deg]36.719' N 122[deg]21.099' W, 
47[deg]36.682' N 122[deg]21.149' W, 47[deg]36.514' N 122[deg]20.865' W, 
and 47[deg]36.552' N 122[deg]20.814' W (NAD 83). This temporary safety 
zone is necessary to adequately provide protection to spectators and 
participants of the Parade of Ships. This safety zone will be enforced 
30 minutes prior to and 30 minutes following scheduled annual parade of 
ships scheduled on August 4th, 2010.
    The Coast Guard will provide notice to the public of enforcement of 
this zone through both the Local Notice to Mariners and marine 
information broadcast on the day of the event.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    Although this regulation will restrict access to the area, the 
effect of the rule will not be significant because: (i) The safety zone 
will be in effect for a limited period of time, (ii) the Coast Guard 
will give advance notification via maritime advisories so mariners can 
adjust their plans accordingly; and (iii) vessels may be granted 
permission to transit the area by the Captain of the Port or a 
designated representative.

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 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This temporary rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit a portion of the Puget Sound while this rule is 
enforced. This safety zone will not have significant economic impact on 
a substantial number of small entities for the following reasons: This 
temporary rule will be in effect for a short time, and if safe to do 
so, traffic will be allowed to pass through the zone with the 
permission of the Captain of the Port or Designated Representative.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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

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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 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 cause 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves the establishment of a temporary 
safety zone. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

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--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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1
0
2. Add Sec.  165.T13-150 to read as follows:


Sec.  165.T13-150  Safety Zone; Fleet Week Maritime Festival, Pier 66, 
Elliott Bay, Seattle, WA

    (a) Location. The following area is a safety zone: All waters 
extending 100 yards from Pier 66, Elliott Bay, WA within a box 
encompassed by the points 47[deg]36.719' N 122[deg]21.099' W, 
47[deg]36.682' N 122[deg]21.149' W, 47[deg]36.514' N 122[deg]20.865' W, 
and 47[deg]36.552' N 122[deg]20.814' W (NAD 83).
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no vessel operator may enter or remain in 
the safety zone without the permission of the Captain of the Port or 
Designated Representative, thirty minutes prior to the beginning of the 
parade of ships and thirty minutes following the conclusion of the 
parade of ships on August 4th, 2010. The Coast Guard will provide 
notice to the public of enforcement of this zone through both the Local 
Notice to Mariners and marine information broadcast on the day of the 
event.
    For the purposes of this rule the Parade of Ships includes both the 
pass and review of the ships near Pier 66 and the aerial demonstrations 
immediately following the pass and review. The Captain of the Port may 
be assisted by other federal, state, or local agencies with the 
enforcement of the safety zone.
    (c) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting the on scene patrol craft on 
VHF Ch 16 or the Coast Guard Sector Seattle Joint Harbor Operations 
Center (JHOC) via telephone at (206) 217-6001. Vessel operators granted 
permission to enter the zone will be escorted by the on-scene Coast 
Guard patrol craft until they are outside of the safety zone.
    (d) Effective Period. This rule is effective from 8 a.m. until 8 
p.m. on August 4, 2010, unless canceled sooner by the Captain of the 
Port.

    Dated: June 5, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-14849 Filed 6-18-10; 8:45 am]
BILLING CODE 9110-04-P