[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37833-37835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy08-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0558]
RIN 1625-AA00
Security Zone; USCGC EAGLE, Elliott Bay, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard is establishing a 100 yard temporary
security zone surrounding the USCGC EAGLE during a reception while
anchored in Elliott Bay, Seattle, Washington. This security zone is
necessary to ensure the safety of dignitaries embarked on USCGC EAGLE
for the reception. Entry into, transit through, mooring, or anchoring
within this zone is prohibited unless authorized by the Captain of the
Port, Puget Sound or his designated representatives.
DATES: This rule is effective from 12 noon. (PDT) to 11 p.m. (PDT) on
July 2, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0558 and are available for
inspection or copying at USCG Sector Seattle, Waterways Management
Division between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning this
rule, call Ensign Heidi A. Bevis, Waterways Management Division, U.S.
Coast Guard Sector Seattle, at 206-217-6147.
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. Publishing a NPRM would be
contrary to public interest since immediate action is necessary to
ensure the safety of the dignitaries that will be on board USCGC EAGLE
on the date and times this rule will be in effect. If normal notice and
comment procedures were followed, this rule would not become effective
until after the date of the event.
Under 5 U.S.C. 553(d)(3), the U.S. Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Making this rule effective less
than 30 days after publication is necessary to ensure the safety of the
dignitaries that will be onboard the USCGC EAGLE on the date and times
this rule will be in effect.
Background and Purpose
The U.S. Coast Guard is establishing a 100 yard temporary security
zone surrounding USCGC EAGLE to provide for the safety of visiting
dignitaries while on board USCGC EAGLE for a reception. USCGC EAGLE's
presence in the Puget Sound is part of the annual ASTA Pacific Tall
Ships Challenge and the Tacoma Tall Ships 2008 Event. The U.S. Coast
Guard is establishing this zone to ensure that no unauthorized vessels
or persons enter into the 100 yard area surrounding the USCGC EAGLE.
The security zone is needed to protect the dignitaries from any
waterborne threats.
Discussion of Rule
This rule will control the movement of all vessels and persons in a
security zone surrounding USCGC EAGLE as indicated in section 2 of this
Temporary Final Rule. The security zone includes all waters within 100
yards surrounding USCGC EAGLE. The security zone does not extend on
land.
The U.S. Coast Guard through this action intends to promote the
security of personnel and USCGC EAGLE. Entry into this zone by all
vessels or persons will be prohibited unless authorized by the Captain
of the Port. This security zone will be enforced by U.S. Coast Guard
personnel. The Captain of the Port may be assisted by other federal,
state, or local agencies as needed.
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 it under that Order. This rule will be in effect for only 11
hours and vessel traffic can pass safely around the security zone.
[[Page 37834]]
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 U.S. 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 security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only 11 hours and vessel traffic can pass
safely around the security zone. Before the effective period, we will
issue maritime advisories widely available throughout the Puget Sound.
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
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
and Department of Homeland Security Management Directive 5100.1, which
guide 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. Under
figure 2-1, paragraph (34)(g), of the Instruction, an ``Environmental
Analysis Check List'' and a ``Categorical Exclusion Determination'' are
not required for this rule because it concerns an emergency situation
of less than 1 week in duration.
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. Chapters 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. From 12 noon (PDT) to 11 p.m. (PDT) on July 2, 2008, a temporary
Sec. 165.T13-048 is added to read as follows:
Sec. 165.T13-048 Security Zone: USCGC EAGLE, Elliott Bay, Seattle,
Washington.
(a) Location. The following area is a security zone: 100 yards
surrounding the USCGC EAGLE during a reception while anchored in
Elliott Bay, Seattle, Washington.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor
within this security zone, except for vessels authorized by the Captain
of the Port or his designated representatives.
(c) Enforcement period. This section is effective from 12 noon
(PDT) to 11 p.m. (PDT) on July 2, 2008. If the need for the security
zone ends before the scheduled termination time, the Captain of the
Port will cease enforcement of
[[Page 37835]]
this section and will announce that fact via Broadcast Notice to
Mariners.
Dated: June 20, 2008.
Stephen P. Metruck,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E8-15040 Filed 7-1-08; 8:45 am]
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