[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40521-40524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16782]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2011-1126]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The U.S. Coast Guard is establishing 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

[[Page 40522]]

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: This rule is effective on August 1, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2011-1126. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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 holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a NPRM, Security Zones, Seattle's Seafair 
Fleet Week Moving Vessels, Puget Sound, WA, on February 6, 2012. The 
Coast Guard received 02 comments submitted via regulations.gov and 
received 01 request for public meeting. Previously, on July 11, 2011, 
the Coast Guard published a Temporary Final Rule (TFR), Security Zone; 
2011 Seattle Seafair Fleet Week Moving Vessels, Puget Sound, Washington 
which established identical security zones. No comments were received 
regarding the implementation or enforcement of the temporary security 
zones established for the 2011 Seattle's Seafair Fleet Week.
    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 because the 2012 Seafair Parade of 
Ships would be over by the time the 30 day period ended, and this 
security zone must be in place before the commencement of this event in 
order to ensure the security of the participating military vessels.

B. 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 at 33 CFR 165.2015 and 33 CFR 165.2030. 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.

C. Discussion of Comments, Changes and the Final Rule

    The regulatory text of this final rule is the same as the proposed 
regulatory text contained in the Notice of Proposed Rulemaking. During 
the comment period, 2 comments were received. One comment stated that 
this rule would create a ``no protest'' zone during Seattle's Seafair 
Fleet Week. The Coast Guard finds this safety zone does not create a 
no-protest zone because those wishing to conduct first amendment 
activities may do so in the large area of water between the 100 yard 
safety zone extending from Pier 66 (as set out in 33 CFR 165.1330) and 
the inner 100 yards of this security zone. The Pier 66 security zone 
extends 100 yards from Pier 66 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. The vessels transiting in the parade of ships, 
including those protected by the security zones, transit on a track 
line which is at least 400 yards away from Pier 66. For this security 
zone, which extends 500 yards around the named vessels, the COTP has 
granted general permission to enter the outer 400 yards. If a vessel 
protected by the security zone is transiting past Pier 66 at a distance 
of 400 yards from Pier 66, then the area between the inner 100 yards of 
the security zone and the west end of the 100 yard safety zone 
extending from Pier 66 is approximately 200 yards. Vessels may lawfully 
remain within these 200 yards without violating either the safety zone 
or security zone so long as they operate at the minimum speed required 
to remain on course. In this ample space, those conducting first 
amendment activities may be seen by transiting vessels and spectators 
on the piers. Additionally, there are other areas where persons and 
vessels may gather and transmit their message where they can be seen by 
the spectators. In the preamble of the final rule that established the 
safety zone in 33 CFR 165.1330 (76 FR 30014), the Coast Guard described 
these areas, which include the area north and south of Pier 66, and the 
area in front of the public Pier 63, where spectators also gather. The 
availability of these areas for first amendment activities is not 
affected by the security zone described in this final rule. It is noted 
that in 2011, identical security zones were created to those that are 
established by this final rule. In 2011, there were no infractions into 
the zones and no enforcement action taken.
    One comment stated that this rule will create a 500 yard 
exclusionary zone which is more restrictive than a Naval Vessel 
Protection Zone (NVPZ). In the comment it was stated that ``the newly 
defined security zone mandates that vessel operator stay 500 yard from 
identified vessels and that operators must somehow gain permission to 
enter or remain within 500 yards.'' The security zones established by 
this rule 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. 
However, 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. It is stated in this final rule that the COTP has 
granted permission to enter the outer 400 yards of the security zone 
while operating at the minimum speed necessary to maintain course. This 
sentence is the permission required to enter the outer 400 yards. No 
further request must be made to enter the outer

[[Page 40523]]

400 yards and transit at the minimum speed required to maintain course.
    There was one request for public hearing submitted. The Coast Guard 
does not intend to hold a public hearing. Sufficient time was given to 
address concerns and for the public to submit comments during the 
Notice of Proposed Rulemaking's 90 day comment period. The Coast Guard 
will publish an annual notice in the Federal Register naming the 
designated participating vessels at least 03 days before that year's 
event and will also provide this information in the Local Notice to 
Mariners.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received zero comments from the Small Business Administration on this 
rule. 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 within 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.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 40524]]

14. 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 determined 
that 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 involves the establishment of security zones. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this 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 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 1231; 46 U.S.C. Chapter 701; 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.  165.1333 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 03 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 Puget Sound 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 foreign 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 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: June 15, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-16782 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P