[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Proposed Rules]
[Pages 5747-5750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2388]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1126]
RIN 1625-AA87


Security Zones, Seattle's Seafair Fleet Week Moving Vessels, 
Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Coast Guard is proposing to establish security zones 
around designated participating vessels that are not protected by the 
Naval Vessel Protection Zone in Seattle's Seafair Fleet Week, while 
those vessels are in the Sector Puget Sound Captain of the Port (COTP) 
Zone. A designated participating vessel is a vessel that is named by 
the Coast Guard each year prior to the event in a Federal Register 
notice, as well as the Local Notice to Mariners. These security zones 
are necessary to help ensure the security of the vessels from sabotage 
or other subversive acts during Seattle's Seafair Fleet Week Parade of 
Ships and while moored in the Port of Seattle. The Coast Guard will 
ensure the security of these vessels by prohibiting any person or 
vessel from entering or remaining in the security zones unless 
authorized by the Captain of the Port, Puget Sound or Designated 
Representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 7, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1126 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Ensign Anthony P. LaBoy, Sector Puget Sound, 
Waterways Management Division, U.S. Coast Guard; telephone (206) 217-
6323, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-1126), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-1126'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-1126'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal

[[Page 5748]]

holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    Seattle's Seafair Fleet Week is an annual event which brings a 
variety of military vessels to Seattle. During the event, the visiting 
military vessels are at risk because of their military function, and 
because they will be transiting in the Parade of Ships in close 
proximity to spectators, highly populated areas, and other unscreened 
vessels. Thousands of visitors are given tours on board these vessels 
throughout the week while they are moored in downtown areas of Seattle. 
This increases the necessity to ensure the security of each vessel. 
This rule is necessary to ensure the security of visiting foreign and 
domestic military vessels not covered under the Naval Vessel Protection 
Zone (NVPZ). The size of these security zones is necessary to ensure 
the security of the visiting vessels and is intended to mirror the NVPZ 
as defined in 33 CFR 165.2015. This is because it is important for the 
on-scene patrol to have a consistent zone size for all participating 
ships in order to maintain control and minimize confusion. 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 Proposed Rule

    The security zones that would be established by this proposed rule 
would prohibit any person or vessel from entering or remaining within 
500 yards of each designated participating vessel during Seattle's 
Seafair Fleet Week while in the Sector Puget Sound COTP zone. The Coast 
Guard will publish an annual notice in the Federal Register naming the 
designated participating vessels at least 3 days before that year's 
event and will also provide this information in the Local Notice to 
Mariners. The COTP has granted general permission for vessels to enter 
the outer 400 yards of the security zone, as long as those vessels 
within the outer 400 yards of the security zone operate at the minimum 
speed necessary to maintain course unless required to maintain speed by 
the navigation rules.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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 or under Executive Order 13563, 
Improving Regulation and Regulatory Review. The Office of Management 
and Budget has not reviewed it under either 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 proposed 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 proposed 
rule would 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 for approximately 1 
week each year when the zones for that year's fleet week are identified 
and subject to enforcement. 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 a 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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Ensign Anthony P. LaBoy at the 
telephone number or email address indicated under the FOR FUTHER 
INFORMATION CONTACT section of this notice.
    The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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

[[Page 5749]]

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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of security zones. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.1333 to read as follows:


Sec.  165.1333  Security Zones, Seattle's Seafair Fleet Week Moving 
Vessels, Puget Sound, WA.

    (a) Location. The following areas are security zones: all navigable 
waters within 500 yards of each designated participating vessel while 
each such vessel is in the Sector Puget Sound Captain of the Port 
(COTP) zone, as defined in 33 CFR 3.65-10, during a time specified in 
paragraph (e) of this section. The Coast Guard will publish a notice in 
the Federal Register each year at least 3 days before the start of the 
Seattle Seafair Fleet Week to identify the designated participating 
vessels for that year. The Coast Guard will also provide this 
information in the Local Notice to Mariners.
    (b) Definitions. For purposes of this section--
    Designated participating vessel means a military vessel 
participating in the Seattle Seafair Fleet Week that has been 
designated by the Sector Seattle COTP in accordance with this section.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been designated by the COTP to 
implement or enforce this section.
    Seattle Seafair Fleet Week means an annual event involving a parade 
of U.S. Navy, U.S. Coast Guard, and Canadian military ships in 
Seattle's Elliott Bay waterfront and tours of those ships while docked 
at Port of Seattle facilities.
    (c) Regulations. Under 33 CFR Part 165, Subpart D, no person or 
vessel may enter or remain in the security zones described in paragraph 
(a) of this section without the permission of the COTP or a designated 
representative. The COTP has granted general permission for vessels to 
enter the outer 400 yards of the security zones as long as those 
vessels within the outer 400 yards of the security zones operate at the 
minimum speed necessary to maintain course unless required to maintain 
speed by the navigation rules. The COTP may be assisted by other 
federal, state or local agencies with the enforcement of the security 
zones.
    (d) Authorization. All vessel operators who desire to enter the 
inner 100 yards of the security zones or transit the outer 400 yards at 
greater than minimum speed necessary to maintain course must obtain 
permission from the COTP or a 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 this area is necessary. Vessel 
operators granted permission to enter the security zones will be 
escorted by the on-scene Coast Guard patrol craft

[[Page 5750]]

until they are outside of the security zones.
    (e) Annual enforcement period. The security zones described in 
paragraph (a) of this section will be enforced during Seattle Seafair 
Fleet Week each year for a period of up to one week. The Seattle 
Seafair Fleet Week will occur sometime between July 25 and August 14. 
The annual Federal Register notice identifying the designated 
participating vessels will also identify the specific dates of the 
event for that year.

    Dated: January 17, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-2388 Filed 2-3-12; 8:45 am]
BILLING CODE 9110-04-P