[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15633-15634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06267]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0261]
RIN 1625-AA87


Security Zone; USCGC MUNRO Commissioning Ceremony Elliott Bay; 
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 300 yard temporary security 
zone in the navigable waters of Elliott Bay, Seattle, WA, around the 
U.S. Coast Guard Cutter MUNRO at Pier 91 within the Sector Puget Sound 
Captain of the Port Zone. The security zone is necessary to ensure the 
security of the USCGC MUNRO from sabotage or other subversive acts 
during its commissioning ceremony at Pier 91. The safety zone will 
prohibit any person or vessel from entering or remaining in the safety 
zone unless authorized by the Captain of the Port or her Designated 
Representative.

DATES: This rule is effective from 6 a.m. until 6 p.m. on April 1, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0261 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Zachary Spence, Sector Puget Sound 
Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 as delayed promulgation may jeopardize the security of 
the commissioning ceremony.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because the commissioning 
ceremony will occur on April 1, 2017, and this rule must be effective 
to ensure the security of this high profile event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department 
of Homeland Security Delegation No. 0170.1 which collectively 
authorizes the Coast Guard to establish security zones. The Captain of 
the Port, Puget Sound has determined that potential threats of sabotage 
and other subversive acts associated with the USCGC MUNRO commissioning 
ceremony on April 1, 2017, will be a security concern for anyone within 
a 300 yard radius of USCGC MUNRO at Pier 91 in Seattle, WA. This rule 
is needed to protect personnel and vessels in the navigable waters 
within the security zone while the commissioning ceremony takes place.

IV. Discussion of the Rule

    This rule establishes a temporary security zone that will be 
enforced from 6 a.m. though 6 p.m. on April 1, 2017. The security zone 
will cover all navigable waters within 300 yards of USCGC MUNRO at Pier 
91 in Seattle, WA. The duration of the zone is intended to protect 
personnel and vessels in these navigable waters while the commissioning 
ceremony takes place. No vessel or person will be permitted to enter 
the security zone without obtaining permission from the COTP or a 
designated representative while the zone is subject to enforcement. 
Vessels wishing to enter the security zone must request permission to 
do so from the Captain of the Port, Puget Sound by contacting the Joint 
Harbor Operations Center at 206-217-6001 or the on-scene patrol craft, 
if any, via VHF-FM Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the security zone. Vessel 
traffic will be able to safely transit around this security zone which 
will impact a small designated area of the Elliott Bay in Seattle, WA 
for 12 hours and during a time of year when vessel traffic is normally 
low. Public, commercial, and privately owned vessels impacted by the 
security zone may request Captain of the Port, Puget Sound or his 
Designated Representative permission to transit through the security 
zone by contacting the Joint Harbor Operation Center 206-217-6001 or 
the on-scene patrol craft on VHF Ch. 16. Moreover, the Coast Guard will 
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant

[[Page 15634]]

economic impact on any vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. 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 (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 a security zone lasting 12 hours that will prohibit entry 
within 300 yards of USCGC MUNRO at Pier 91 in Seattle, WA. It 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.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-0261 to read as follows:


Sec.  165.T13-0261  Security Zone; USCGC MUNRO Commissioning Ceremony 
Elliott Bay, Seattle, WA.

    (a) Location. The following area is a security zone: All navigable 
waters of Elliott Bay within 300 yards of the USCGC MUNRO while moored 
at Pier 91.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Puget Sound (COTP) 
in the enforcement of the security zone identified in paragraph (a) of 
this section.
    (c) Regulations. The general regulations governing security zones 
contained in Sec.  [thinsp]165.33 apply to the security zone identified 
in paragraph (a) of this section.
    (1) During the enforcement period, entry into, transit through, 
remaining within, or movement within this temporary zone is prohibited 
unless authorized by the Captain of the Port Puget Sound or her 
designated representative.
    (2) To seek permission to enter the security zone contact the 
Captain of the Port or her designated representative via the Joint 
Harbor Operations Center at (206) 217-6001 or the on-scene patrol craft 
on VHF Ch 16 to obtain permission to do so.
    (3) Vessel operators given permission to enter or operate in the 
security zone must comply with all directions given to them by the COTP 
or her designated representatives.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies in patrol and notification of this regulation.
    (d) Enforcement period. This section will be enforced from 6 a.m. 
to 6 p.m. on April 1, 2017.

    Dated: March 24, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-06267 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P