[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Rules and Regulations]
[Pages 40617-40619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0505]
RIN 1625-AA87


Security Zone; 2011 Seattle Seafair Fleet Week Moving Vessels, 
Puget Sound, Washington

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing temporary security zones 
around the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and the 
USCGC MELLON (WHEC 717) which include all waters within 500 yards from 
these vessels while each vessel is participating in the Seafair Fleet 
Week Parade of Ships and while moored following the parade until 
departing on August 8, 2011. These security zones are necessary to help 
ensure the security of the vessels from sabotage or other subversive 
acts during Seafair Fleet Week Parade of Ships and will do so by 
prohibiting any person or vessel from entering or remaining in the 
security zones unless authorized by the Captain of the Port (COTP), 
Puget Sound or Designated Representative.

DATES: This rule is effective from 8 a.m. on August 3, 2011, through 5 
p.m. on August 8, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0505 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0505 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 Anthony P. LaBoy, Sector Puget 
Sound, Waterways Management Division, US Coast Guard; telephone 206-
217-6323, 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 (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 publishing an NPRM would be 
impracticable due to the time required to finalize the list of event 
participants.

[[Page 40618]]

    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. Delaying the effective date would 
be contrary to the public interest because immediate action is 
necessary to protect the vessels that will be transiting in the parade.

Basis and Purpose

    Seattle's Seafair Fleet Week is an annual event which brings a 
variety of vessels to Seattle. During the event, the visiting military 
vessels are at risk because of their inherent military function, and 
because they will be transiting in the Parade of Ships in close 
proximity to spectators, highly populated areas, and other vessels. 
This rule is necessary to ensure the security of visiting foreign and 
domestic military vessels not covered under the Naval Vessel Protection 
Zone (NVPZ). See 33 CFR part 165, subpart G. The size of these security 
zones is necessary to ensure the security of the visiting vessels is 
equivalent to the vessels protected by the NVPZ. While participating in 
the Parade of Ships it is important for the on scene patrol to have a 
consistent zone size for all participating ships. The security zones 
will help prevent any acts which would harm the vessels and their crew 
and endanger vessels, property, and persons along the parade route.

Discussion of Rule

    The temporary security zones established by this rule will prohibit 
any person or vessel from entering or remaining within 500 yards of the 
HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and the USCGC 
MELLON (WHEC 717) while these vessels are participating in the Parade 
of Ships and while moored at Pier 66, Terminal 25, and Terminal 46. The 
COTP has granted general permission for vessels to enter the outer 400 
yards of the security zone, so long as any vessels doing so operate at 
the minimum speed necessary to maintain course. In the event the COTP 
must revoke the general permission to enter, notice will be provided to 
the public via a Broadcast Notice to Mariners. The security zones will 
be enforced by Coast Guard personnel. The COTP may also be assisted in 
the enforcement of the zones by other federal, state, or local 
agencies.

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.
    The Coast Guard bases this finding on the fact that the security 
zones will be in place for a limited period of time and vessel traffic 
will be able to transit around the security zones. Maritime traffic may 
also request permission to transit through the zones from the COTP, 
Puget Sound 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 rule will affect the following entities, some of which may be 
small entities; the owners and operators of vessels intending to 
operate in the waters covered by the security zones while they are in 
effect. The rule will not have a significant economic impact on a 
substantial number of small entities because the security zones will be 
in place for a limited period of time and maritime traffic will still 
be able to transit around the security zones. Maritime traffic may also 
request permission to transit though the zones from the COTP, Puget 
Sound or Designated Representative.

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 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

[[Page 40619]]

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 security 
zones. An environmental analysis checklist and a categorical exclusion 
is 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.

    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.T13-186 to read as follows:


Sec.  165.T13-186  Security Zone; 2011 Seattle Seafair Fleet Week 
Moving Vessels, Puget Sound, Washington

    (a) Location. The following areas are security zones: All waters 
within the Captain of the Port Puget Sound Zone encompassed within 500 
yards of the HMCS WHITEHORSE (NCSM 705), HMCS NANAIMO (NCSM 702), and 
the USCGC MELLON (WHEC 717) while each vessel is participating in the 
Seafair Fleet Week Parade of Ships and while moored at Pier 66, 
Terminal 25, and Terminal 46, Elliott Bay, Seattle, WA.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart D, no person or vessel may enter or remain in the 
security zones without the permission of the COTP or Designated 
Representative. The COTP has granted general permission for vessels 
that operate at the minimum speed necessary to maintain course to enter 
the outer 400 yards of the security zone. In the event the COTP must 
revoke the general permission to enter, notice will be provided to the 
public via a Broadcast Notice to Mariners. See 33 CFR Part 165, Subpart 
D, for additional requirements. The COTP may be assisted by other 
federal, state or local agencies with the enforcement of the security 
zones.
    (c) Authorization. All vessel operators who desire to transit 
through the outer 400 yards of the security zones at greater than 
minimum speed necessary to maintain course, enter the inner 100 yards 
of the security zones, or enter any portion of the security zones when 
general permission to transit through outer 400 yards of the security 
zones at minimum speed necessary to maintain course has been revoked 
must obtain permission from the COTP or Designated Representative by 
contacting the on-scene Coast Guard patrol craft on VHF 13 or Ch 16. 
Requests must include the reason why movement within the security zones 
is necessary. Vessel operators granted permission to enter the security 
zones will be escorted by the on-scene Coast Guard patrol craft until 
they are outside of the security zones, except that vessels operating 
in the security zones under general permission to transit through the 
outer 400 yards of the security zones at minimum speed necessary to 
maintain course will not be escorted.
    (d) Enforcement period. This rule is effective from 8 a.m. on 
August 3, 2011, through 5 p.m. on August 8, 2011.

    Dated: June 27, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-17261 Filed 7-8-11; 8:45 am]
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