[Federal Register: June 27, 2005 (Volume 70, Number 122)]
[Rules and Regulations]
[Page 36840-36843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-021]
RIN 1625-AA00
Safety Zone; Tacoma Tall Ships 2005, Commencement Bay, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary moving Safety Zones
around the Tall Ships participating in the Tacoma Tall Ships 2005
Parade of Sail and simulated cannon battle events. The Safety Zones
will be in effect in Quartermaster Harbor and Commencement Bay,
Washington. These actions are necessary to provide for the safety of
life and property on the navigable waters in Quartermaster Harbor and
Commencement Bay, Washington for the participating Tall Ships during
Tacoma Tall Ships 2005. This rule will temporarily restrict vessel
traffic in portions of Quartermaster Harbor and Commencement Bay,
Washington.
DATES: This rule is effective from 6 a.m. PDT on June 30, 2005 to 11:59
p.m. PDT on July 4, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-05-021 and are available for
inspection or copying at the Waterways Management Division, Coast Guard
Sector Seattle, 1519 Alaskan Way South, Seattle, WA, 98134, between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen,
Waterways Management Division, Coast Guard Sector Seattle, at (206)
217-6232.
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. Due to the complex planning
and coordination involved, final details for the Tacoma Tall Ships 2005
event were not provided to the Coast Guard until May 23, 2005, making
it impossible to publish a NPRM or a final rule 30 days in advance.
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. Any delay in implementing this
rule will be contrary to the public interest due to the risks inherent
in this high visibility marine event with the participation of a large
number of spectator and participating vessels.
Background and Purpose
Tacoma, Washington will host the Tacoma Tall Ships 2005 festival
from June 30 to July 4, 2005. While the Tacoma Tall Ships 2005 event is
not an annual event, this visit of vessels is part of an annual series
of sail training races, rallies, cruises, and port festivals organized
by the American Sail Training Association (``ASTA'') in conjunction
with host ports in the United States and Canada.
The Tall Ships' visit to Tacoma, Washington will include a Parade
of Sail into Tacoma on June 30, 2005, and simulated cannon battles from
July 1 to July 4, 2005. Approximately 28 sailing
[[Page 36841]]
vessels are expected to participate in the Parade of Sail. There will
be vessels participating in the event from several foreign countries
and the high visibility of this event warrants that a safety zone be
established to safeguard participating vessels, their crews and the
maritime public.
This rule creates safety zones for the Tacoma Tall Ships 2005
event. The regulations will be in effect in Quartermaster Harbor and
Commencement Bay, Washington from June 30, 2005 until July 4, 2005
during the Parade of Sail and simulated cannon battles. Vessel
congestion due to the large number of participating and spectator
vessels poses a significant threat to the safety of life and property.
This temporary rulemaking is necessary to ensure the safety of life and
property on the navigable waters in Quartermaster Harbor and
Commencement Bay by preventing the large number of spectator vessels
from interfering with the organized events.
Discussion of Rule
The Coast Guard will establish moving Safety Zones surrounding the
Tall Ships participating in the Tacoma Tall Ships 2005 Parade of Sail
and simulated cannon battle events. The Safety Zones will be in effect
in Quartermaster Harbor and Commencement Bay, Washington. These Safety
Zones will be used for the participating vessels of the Tacoma Tall
Ships 2005 event and is effective from 6 a.m. PDT on June 30, 2005 to
11:59 p.m. PDT on July 4, 2005. These Safety Zoned are designed to fit
the needs of safety by facilitating the transit of participating
vessels and minimizing the impact on the maritime community.
This rule will provide for the safety of spectator craft, mariners,
and the Tall Ships themselves while the Tall Ships are participating in
the Parade of Sail and simulated cannon battles. During the Parade of
Sail, the Tall Ships will be underway, most likely under sail, and with
limited mobility. The actual Parade of Sail is scheduled to last
approximately ten hours, beginning at 10 a.m. PDT on June 30, 2005 and
ending at approximately 8 p.m. PDT on June 30, 2005. The parading
vessels will muster at a staging area in Quartermaster Harbor, and will
then transit south in Commencement Bay to the Thea Foss Waterway.
This rule, for safety concerns, will control vessel movement in a
regulated area surrounding the Tall Ships. For the purpose of this
regulation, a Tall Ship means any vessel participating in Tacoma Tall
Ships 2005. No vessel except for a public vessel may enter, remain in,
or transit within the Safety Zone, unless authorized by the Coast Guard
COTP Puget Sound or his on-scene designated representatives. Designated
representatives of the Coast Guard COTP Puget Sound are defined as
commissioned, warrant, and petty officers of the U.S. Coast Guard. Each
person or vessel in a safety zone shall obey any direction or order of
the COTP or his designated representatives. Public vessels for the
purpose of this Temporary Final Rule are vessels owned, chartered, or
operated by the United States, or by a State or political subdivision
thereof.
Vessels requesting to enter, remain in, or transit within the
Safety Zone shall contact the on-scene official patrol on VHF-FM
channel 13. In addition, measures or directions issued by Vessel
Traffic Service Puget Sound pursuant to 33 CFR part 161 shall take
precedence over the regulations in this Temporary Final Rule.
Similarly, when a Tall Ship approaches within 50 yards of any vessel
that is moored or anchored, the stationary vessel must stay moored or
anchored while it remains in the Tall Ship's safety zone unless it is
either ordered by, or given permission by the Captain of the Port, his
designated representative or the on-scene official patrol to do
otherwise.
Sector Seattle maintains a telephone line that is manned 24 hours a
day, 7 days a week. The public can contact Sector Seattle at (206) 217-
6002 to obtain information concerning enforcement of this rule.
This Safety Zone regulation is enforceable by the terms set forth
by 33 United States Code (U.S.C.) 1232. Enforcement of violations of
these regulations may include, in addition to any civil and criminal
penalties authorized by 33 U.S.C. 1232, in rem liability against the
offending vessel as well as license sanctions against the offending
mariner.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory 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 this rule under that Order. It is not ``significant'' under
the regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this rule restricts access to the regulated area, the
effect of this rule will not be significant because: (i) Individual
Tall Ships safety zones are limited in size; (ii) the official on-scene
patrol may authorize access to the Tall Ship safety zone; (iii) the
Tall Ship safety zone for any given transiting Tall Ship will affect a
given geographical location for a limited time; and (iv) the Coast
Guard will make notifications via maritime advisories so mariners can
adjust their plans accordingly.
Additionally, the safety zones have been narrowly tailored to
impose the least impact on maritime interests yet provide the level of
safety and protection deemed necessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 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 may affect the following entities, some of which might be
small entities: the owners or operators of vessels intending to operate
near or anchor in the vicinity of Tall Ships in the navigable waters of
the United States affected by this rule.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
regulations affecting navigation in Quartermaster Harbor and
Commencement Bay will be in effect temporarily, and only for those
periods of time necessary for the safety of the Tacoma Tall Ships 2005
event participants. Recreational vessel traffic can pass safely around
designated safety zones. Before the effective periods, the Coast Guard
will make notification to the public via Local Notices to Mariners and
Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), the Coast Guard wants to
assist small entities in understanding this rule so that they may
better evaluate its effects on them and participate in the rulemaking
process.
If you think that this rule will affect your small business,
organization, or
[[Page 36842]]
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 above.
In addition, small businesses may make 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 will 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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
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.
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 will 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. Due to the temporary safety zone being less than one
week in duration, an Environmental Checklist and Categorical Exclusion
is not required.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 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.
0
2. From 6 a.m. PDT on June 30, 2005 to 11:59 p.m. PDT on July 4, 2005,
temporarily add Sec. 165.T13-005 to read as follows:
Sec. 165.T13-005 Safety Zones; Tacoma Tall Ships 2005, Commencement
Bay, Washington.
(a) Location. The following area is a safety zone: a 50 yard radius
around all Tall Ships located in the navigable waters of Quartermaster
Harbor and Commencement Bay, Washington.
(b) Effective dates. This section is effective from 6 a.m. (PDT) on
June 30, 2005 to 11:59 p.m. (PDT) on July 4, 2005.
(c) The following definitions apply to this section:
(1) Federal Law Enforcement Officer means any employee or agent of
the United States government who has the authority to carry firearms
and make warrantless arrests and whose duties involve the enforcement
of criminal laws of the United States.
(2) Tall Ship means any vessel participating in Tacoma Tall Ships
2005 event.
(3) Tall Ship Safety Zone is a regulated area of water established
by this section, surrounding Tall Ships for a 50-yard radius to provide
for the safety of these vessels.
[[Page 36843]]
(4) Navigation Rules means the International and Inland Navigations
Rules, 33 CFR chapter I, subchapters D and E, parts 80-90.
(5) Navigable waters of the United States means those waters
defined as such in 33 CFR part 2.
(6) Official Patrol means those persons designated by the Captain
of the Port to monitor a Tall Ships safety zone, permit entry into the
zone, give legally enforceable orders to persons or vessels with in the
zone and take other actions authorized by the Captain of the Port.
Persons authorized in paragraph (h) to enforce this section are
designated as the Official Patrol.
(7) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(8) Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer,
or Specially Commissioned Washington Peace Officer as defined in
Revised Code of Washington section 10.93.020.
(d) General Regulation. The Tall Ship safety zone established by
this section remains in effect around Tall Ships when underway during
the Parade of Sail and simulated cannon battles. The Navigation Rules
shall apply at all times within a Tall Ship safety zone.
(e) Specific Regulations. (1) No vessel or person is allowed within
50 yards of a Tall Ship that is underway, unless authorized by the on-
scene official patrol.
(2) To request authorization to operate within 50 yards of a Tall
Ship that is underway, contact the on-scene official patrol on VHF-FM
channel 13.
(3) When conditions permit, the on-scene official patrol should:
Permit vessels constrained by their navigational draft or restricted in
their ability to maneuver to pass within 50 yards of a Tall Ship in
order to ensure a safe passage in accordance with the Navigation Rules.
(4) When a Tall Ship approaches within 50 yards of any vessel that
is moored or anchored, the stationary vessel must stay moored or
anchored while it remains within the Tall Ship's safety zone unless it
is either ordered by, or given permission by the Captain of the Port
Puget Sound, his designated representative or the on-scene official
patrol to do otherwise.
(f) Exemption. Public vessels as defined in paragraph (c) of this
section are exempt from complying with paragraphs (e)(1), (e)(2),
(e)(3), and (e)(4) of this section.
(g) Exception. 33 CFR part 161 contains Vessel Traffic Service
regulations. Measures or directions issued by Vessel Traffic Service
Puget Sound pursuant to 33 CFR part 161 will take precedence over the
regulations in this section.
(h) Enforcement. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or not present in sufficient force to provide effective
enforcement of this section in the vicinity of a Tall Ship, any Federal
Law Enforcement Officer or Washington Law Enforcement Officer may
enforce the rules contained in this section pursuant to 33 CFR 6.04-11.
In addition, the Captain of the Port may be assisted by other Federal,
state or local agencies in enforcing this section.
(i) Waiver. The Captain of the Port Puget Sound may waive any of
the requirements of this section for any vessel or class of vessels
upon finding that a vessel or class of vessels, operational conditions
or other circumstances are such that application of this section is
unnecessary or impractical for the purpose of port security, safety or
environmental safety.
Dated: June 16, 2005.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-12651 Filed 6-24-05; 8:45 am]
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