[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Rules and Regulations]
[Page 42115-42117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy04-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD-13-04-033]
RIN 1625-AA87
Security Zone Regulations; Elliot Bay and Lake Washington, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary security zones
around the M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS AND P/C
OLYMPUS while underway, anchored, or moored on Lake Washington,
Washington. In addition, the Coast Guard is establishing temporary
security zones around Pier 70 and Amgen located on Elliott Bay and the
National Oceanographic and Atmospheric Administration (NOAA) Sandpoint
Facility and Gates Residence located on Lake Washington. Entry into
these zones is prohibited unless authorized by the Captain of the Port,
Puget Sound or his designated representatives. The Coast Guard is
establishing these temporary security zones around these waterways and
these vessels to provide safety and security during the National
Governors Association (NGA) Conference. The Captain of the Port, Puget
Sound, Washington is taking this action to safeguard the dignitaries,
official parties, VIP's and other participants (``attendees'')
attending the NGA Conference from terrorism, sabotage, or other
subversive acts. Entry into these zones is prohibited unless authorized
by the Captain of the Port.
DATES: This rule is effective from 11 a.m on July 17, through 2 a.m. on
July 19 2004, unless sooner cancelled by the Captain of the Port.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the U.S. Coast Guard Marine Safety Office
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington
98134. Normal office hours are between 8 a.m. and 4 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG T.D. Thayer, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134,
(206) 217-6230.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. 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. Publishing
a NPRM would be contrary to public interest. It is also in the public
interest to have these regulations effective less than 30 days after
publication. This rule is needed to provide for the security of the
public, the NGA Conference and the conference attendees, and the safety
of the waterways due to the potential for hostile and violent acts
including from demonstrators protesting the NGA Conference. This
Temporary Final Rule is necessary for the Coast Guard as well as other
Federal, State and Local law enforcement officials to put appropriate
security measures in place in time for the start of the NGA Conference.
If normal notice and comment procedures were followed, national
security could be compromised.
Background and Purpose
The Coast Guard is establishing temporary security zone regulations
to safeguard designated vessels carrying NGA Conference attendees and
the venue areas established for the attendees from potential terrorism,
sabotage, or other subversive acts. These temporary security zones will
mitigate these potential threats and are necessary to protect the
public, conference attendees, law enforcement officers, maritime
transportation infrastructure and the flow of commerce on these
waterways. Representatives of the Captain of the Port Puget Sound,
Washington will enforce these security zones. The Captain of the Port
may be assisted by other federal, state and local agencies.
Discussion of Rule
This Temporary Final Rule establishes moving security zones around
certain vessels that will be used to transport conference attendees.
This Temporary Final Rule also establishes security zones in the
navigable waters of the United States around four different venues
located on Elliott Bay and Lake Washington. These security zones will
control vessel movements in and around these zones and they are
necessary to safeguard the NGA Conference attendees from terrorism,
sabotage, or other subversive acts. The security zones established by
this Temporary Final Rule are as follows: (1) All waters of Lake
Washington, Washington State, within a 200 yard radius centered on the
M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS AND P/C OLYMPUS while
these vessels are underway, anchored, or moored; (2) all waters of
Elliott Bay, Washington, within a 200 yard radius centered on
47[deg]37.6[min] N, 122[deg]22.5[min] W, near the Amgen facility, which
is located between Pier 90/91 and the grain terminal; (3) all waters of
Elliott Bay, Washington , within a 200 yard radius centered on
47[deg]36.88[min] N, 122[deg]21.45[min] W, which is the approximate
location of the end of Pier 70; (4) all waters of Lake Washington,
Washington State, within a 200 yard radius centered on 47[deg]41.3[min]
N, 122[deg]15.8[min] W, which is the location of National Oceanographic
and Atmospheric Administration's Sandpoint Facility; and (5) all waters
of Lake Washington, Washington State, south of the Highway 520 floating
bridge, which are enclosed by following points: 47[deg]37[min]758[sec]
N, 122[deg]14[min]554[sec] W; 47[deg]37[min]758[sec] N,
122[deg]14[min]680[sec] W; 47[deg]37[min]572[sec] N,
122[deg]14[min]610[sec] W; 47[deg]37[min]575[sec] N,
122[deg]14[min]679[sec] W [Datum: NAD 1983]. Entry into these security
zones is prohibited unless authorized by the Captain of the Port.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory
[[Page 42116]]
Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under the regulatory policies and procedures of
DHS is unnecessary. This expectation is based on the fact that this
rule will be in effect for a short period of time.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 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 or operators of vessels intending to transit
portions of Elliott Bay and Lake Washington. The security zone will not
have a significant economic impact on a substantial number of small
entities because of the limited areas these security zones cover and
the short duration in time that they will be enforced. Because the
impacts of this rule are so minimal, the Coast Guard certifies under
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
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 so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
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).
Collection of Information
This rule calls 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 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 State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 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.
Taking of Private Property
This rule will not effect 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 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 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.
Indian Tribal Governments
The Coast Guard recognizes the rights of Native American Tribes
under the Stevens Treaties. Moreover, the Coast Guard is committed to
working with Tribal Governments to implement local policies to mitigate
tribal concerns. We have determined that these security zones and
fishing rights protection need not be incompatible. We have also
determined that this Temporary Final 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. Nevertheless, Indian Tribes that have questions concerning the
provisions of this Temporary Final Rule or options for compliance are
encourage to contact the point of contact listed under FOR FURTHER
INFORMATION CONTACT.
Energy Effects
We have analyzed this 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g) of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' will be available in the
docket where indicated under ADDRESSES.
[[Page 42117]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--[AMENDED]
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. A temporary Sec. 165.T13-011 is added to read as follows:
Sec. 165.T13-011 Security Zone; Elliot Bay and Lake Washington, WA.
(a) Security Zones. The following are security zones:
(1) M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS and P/C OLYMPUS
Security Zones: All waters of Lake Washington, Washington State, within
a 200 yard radius centered on the M/V ARGOSY VIRGINIA 5, M/V ARGOSY
CELEBRATIONS AND P/C OLYMPUS while underway, anchored, or moored. The
security zone around these vessels will be enforced from 11 a.m. on
July 17, 2004, until 2 a.m. on July 18, 2004.
(2) Amgen Security Zone: All waters of Elliott Bay, Washington,
within a 200 yard radius centered on 47[deg]37.6' N, 122[deg]22.5' W
[Datum: NAD 1983]. The security zone around the Amgen facility will be
enforced from 11 a.m. on July 18, 2004, until 2 a.m. on July 19, 2004.
(3) Pier 70 Security Zone: All waters of Elliott Bay, Washington,
within a 200 yard radius centered on 47[deg]36.88' N, 122[deg]21.45' W
[Datum: NAD 1983]. The security zone around Pier 70 will be enforced
from 11 a.m. on July 17, 2004, until 2 a.m. on July 18, 2004.
(4) National Oceanographic and Atmospheric Administration (NOAA)
Sandpoint Facility Security Zone: All waters of Lake Washington,
Washington State, within a 200 yard radius centered on 47[deg]41.3' N,
122[deg]15.8' W [Datum: NAD 1983]. The security zone around the NOAA
Sandpoint facility will be enforced from 11 a.m. on July 17, 2004,
until 2 a.m. on July 18, 2004.
(5) Gates Residence Security Zone: All waters of Lake Washington,
Washington State, south of the Highway 520 floating bridge, which are
enclosed by following points: 47[deg]37'758'' N, 122[deg]14'554'' W;
47[deg]37'758'' N, 122[deg]14'680'' W; 47[deg]37'572'' N,
122[deg]14'610'' W; 47[deg]37'575'' N, 122[deg]14'679'' W [Datum: NAD
1983]. The Gates residence security zone will be enforced from 11 a.m.
on July 17, 2004, until 2 a.m. on July 18, 2004.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart D, this section applies to any person or vessel
in the navigable waters of the United States. No person or vessel may
enter or remain in the above security zone, unless authorized by the
Captain of the Port or his designated representatives. Vessels and
persons granted authorization to enter the security zone shall obey all
lawful orders or directions of the Captain of the Port or his
designated representative.
(c) Effective period. This section is effective from 11 a.m. on
July 17, 2004, until 2 a.m. on July 19, 2004, unless sooner cancelled
by the Captain of the Port.
Dated: July 8, 2004.
D. Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 04-15959 Filed 7-9-04; 2:46 pm]
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