[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Proposed Rules]
[Pages 7553-7555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1075]
RIN 1625-AA87


Security Zone, U.S. Open Golf Championship, South Puget Sound; 
University Place, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary security 
zone for the U.S. Open Golf Championship at Chambers Bay Golf Course in 
South Puget Sound, University Place, WA, from June 14, 2015 through 
June 22, 2015. This action is necessary to ensure the safety and 
security of participants, spectators, and event officials at the U.S. 
Open Golf Championship, and will do so by prohibiting any person or 
vessel from entering or remaining in the security zone unless 
authorized by the Captain of the Port or his Designated Representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 13, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ryan Griffin, Coast Guard Sector Puget 
Sound, Waterways Management Division; telephone (206) 217-6323, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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, 
type the docket number [USCG-2014-1075] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number (USCG-2014-1075) 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.

[[Page 7554]]

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

B. Regulatory History and Information

    This security zone is necessary to safeguard the U.S. Open Golf 
Championship participants and attendees from potential waterborne 
threats and hazards. It is also intended to prevent potential 
subversive acts that threaten the safety and security of the 
participants, spectators, and event officials at this event. The U.S. 
Open Golf Championship is an internationally televised event and will 
have a daily attendance of approximately 65,000 people. The event 
involves a security risk due to the participants' highly recognized 
national profiles.

C. Basis and Purpose

    The legal basis for the proposed rule is 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, 160.5; Public Law 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish security zones.
    The Chambers Bay Golf Course, located in the city of University 
Place, WA and the County of Pierce, will be the host site for the U.S. 
Golf Association 115th Annual U.S. Open Golf Championship from June 15, 
2015 through June 21, 2015. This event will have a daily attendance of 
approximately 65,000 people and receives international press including 
multiple days of live television coverage. Due to the high number of 
general public in attendance and press coverage, the U.S. Open Golf 
Championship qualifies as a significant special event that requires a 
security zone. Based on past incursions at similar events at Chambers 
Bay Golf Course, this security zone is necessary for the size detailed 
in the regulation section below, 24 hours a day, for the duration of 
the event.
    The purpose of this rule is to deter and prevent potential criminal 
and terrorist activity against the large gathering of people at the 
highly publicized U.S. Open Golf Championship. This action is necessary 
to ensure the safety and security of participants, spectators, and 
event officials at the U.S. Open Golf Championship, and will do so by 
prohibiting any person or vessel from entering or remaining in the 
security zone unless authorized by the Captain of the Port or his 
Designated Representative.

D. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary security zone on 
all waters encompassed by the following points: 47[deg]12'50'' N, 
122[deg]35'25'' W; thence southerly to 47[deg]11'14'' N, 
122[deg]35'50'' W; thence easterly to the shoreline at 47[deg]11'14'' 
N, 122[deg]35'03'' W; thence northerly along the shoreline to 
47[deg]12'49'' N, 122[deg]34'39'' W; thence westerly back to the point 
of origin.
    Vessels wishing to enter the security zone must request permission 
for entry by contacting the Joint Harbor Operations Center at (206) 
217-6001, or the on-scene patrol craft via VHF-FM Ch 13. If permission 
for entry is granted, vessels must proceed at a minimum speed for safe 
navigation.

E. Regulatory Analyses

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

1. 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, 
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. This proposed rule is 
not a significant regulatory action because it would create a security 
zone that is minimal in size and short in duration.

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 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 will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit through the established security zone during the 
times of enforcement. This proposed rule would not have a significant 
economic impact on a substantial number of small entities because the 
temporary security zone is the minimum size necessary to achieve 
intended purpose, maritime traffic would be able to transit around it 
and may be permitted to transit them with the permission from the 
Captain of the Port or a Designated Representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

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 proposed 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. 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.

4. Collection of Information

    This proposed rule would 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

[[Page 7555]]

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 proposed rule under that Order and determined 
that it 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

11. 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.

12. Energy Effects

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

14. 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. This proposed rule 
involves the establishment of a temporary security zone near Chambers 
Bay Golf Course in South Puget Sound, University Place, WA. This 
proposed rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
preliminary 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 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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.

0
2. Add temporary Sec.  165.T13-281 to read as follows:


Sec.  165.T13.281  Security Zone; U.S. Open Golf Championship, South 
Puget Sound; University Place, WA.

    (a) Location. This temporary security zone is established in all 
waters encompassed by the following points: 47[deg]12'50'' N, 
122[deg]35'25'' W; thence southerly to 47[deg]11'14'' N, 
122[deg]35'50'' W; thence easterly to the shoreline at 47[deg]11'14'' 
N, 122[deg]35'03'' W; thence northerly along the shoreline to 
47[deg]12'49'' N, 122[deg]34'39'' W; thence westerly back to the point 
of origin.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person or vessel may enter or remain in the 
security zone created by this section without the permission of the 
Captain of the Port or his Designated Representative. Designated 
Representatives are Coast Guard Personnel authorized by the Captain of 
the Port to grant persons or vessels permission to enter or remain in 
the security zone created by this section. See 33 CFR part 165, subpart 
C, for additional information and requirements. Vessels wishing to 
enter the zone must request permission for entry by contacting the 
Joint Harbor Operations Center at (206) 217-6001, or the on-scene 
patrol craft via VHF-FM Ch 13. If permission for entry is granted 
vessels must proceed at a minimum speed for safe navigation.
    (c) Enforcement Period. This rule will be enforced from 6 a.m. on 
June 14, 2015, until 11 p.m. on June 22, 2015, unless canceled sooner 
by the Captain of the Port.

    Dated: January 27, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-02711 Filed 2-10-15; 8:45 am]
BILLING CODE 9110-04-P