[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49288-49290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16069]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0614]
RIN 1625-AA00


Safety Zone; Fleet Week Maritime Festival, Pier 62, Elliot Bay, 
Seattle, Washington

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters 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]36.504' N, 122[deg]20.723' W; 47[deg]36.469' N, 122[deg]20.773' 
W located in Elliott Bay, Seattle, WA, from thirty minutes prior to the 
beginning through thirty minutes following the conclusion of the parade 
of ships. This action is necessary to promote safety on navigable 
waters. During the enforcement period, entry into, transit through, 
mooring, or anchoring within this zone is prohibited unless authorized 
by the Captain of the Port, Sector Puget Sound or a designated 
representative.

DATES: This temporary rule is effective from 11:30 a.m. until 2:30 p.m. 
on August 1, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0614 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Robert Nakama, Sector Puget Sound Waterways Management 
Division, 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 it is impracticable to publish an 
NPRM for this temporary rule because we must establish the safety zone 
by August 1, 2023, to protect the public.
    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 delaying the effective date 
of this rule would be impracticable because immediate action is needed 
to respond to the potential safety hazards associated with the parade 
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. Due to the Parade of Ships taking place near Pier 62, Elliott 
Bay, Seattle, WA, on August 1, 2023, there will be a safety concern for 
anyone 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]36.504' 
N, 122[deg]20.723' W; 47[deg]36.469' N, 122[deg]20.773' W. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone associated with the Parade of 
Ships.

IV. Discussion of the Rule

    This rule establishes a safety zone for this year's Parade of 
Ships, the Pass in Review of which will occur on Pier 62. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters near Pier 62. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the COTP or a designated representative. The safety zone will be 
enforced from 11:30 a.m. until 2:30 p.m. on August 1, 2023.

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.

[[Page 49289]]

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small, designated area of Elliott Bay for 2 hours. Moreover, 
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule will allow vessel 
operators to seek permission to enter 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 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant 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 
call or email 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.

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 an 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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone lasting only 3 hours that will prohibit entry within 100 
yards of Pier 62. It is categorically excluded from further review 
under paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T13-0614 to read as follows:


Sec.  165.T13-0614  Safety Zone; Fleet Week Maritime Festival, Pier 62, 
Elliott Bay, Seattle, Washington.

    (a) Location. The following area is a safety zone: All waters 
extending 100 yards from Pier 62, Elliott Bay, WA 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]36.504' N, 122[deg]20.723' 
W; 47[deg]36.469' N, 122[deg]20.773' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no vessel operator may enter, transit, moor, 
or anchor within this safety zone, except for vessels authorized by the 
Captain of the Port or

[[Page 49290]]

Designated Representative, thirty minutes prior to the beginning, 
during and thirty minutes following the conclusion of the Parade of 
Ships. For the purpose of this rule, the Parade of Ships includes both 
the pass and review of the ships near Pier 62 and the aerial 
demonstrations immediately following the pass and review. The Captain 
of the Port may be assisted by other federal, state, or local agencies 
as needed.
    (c) Authorization. In order to transit through this safety zone, 
authorization must be granted by the Captain of the Port, Puget Sound, 
or their Designated Representative. All vessel operators desiring entry 
into this safety zone shall gain authorization by contacting either the 
on-scene U.S. Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast 
Guard Sector Puget Sound Joint Harbor Operations Center (JHOC) via 
telephone at (206) 217-6002. Requests shall indicate the reason why 
movement within the safety zone is necessary and the vessel's arrival 
and/or departure facility name, pier and/or berth. Vessel operators 
granted permission to enter this safety zone will be escorted by the 
on-scene patrol until no longer within the safety zone.
    (d) Enforcement period. This section will be enforced from 11:30 
a.m. until 2:30 p.m. on August 1, 2023.

    Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-16069 Filed 7-28-23; 8:45 am]
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