[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34927-34929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14849]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0525]
RIN 1625-AA00
Safety Zone; Parade of Ships, Seattle SeaFair Fleet Week, Pier
66, Elliott Bay, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
extending 100 yards from Pier 66, Elliott Bay, Washington to ensure
adequate safety of the boating public during naval and aerial spectator
events associated with the Parade of Ships for the annual Seattle
SeaFair Fleet Week. This action is intended to restrict vessel traffic
movement and entry into, transit through, mooring, or anchoring within
these zones is prohibited unless authorized by the Captain of the Port,
Puget Sound or Designated Representative.
DATES: This rule is effective from 8 a.m. until 8 p.m. on August 4,
2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2010-0525 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0525 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Ashley M. Wanzer, Sector Seattle
Waterways Management, Coast Guard; telephone 206-217-6175, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act
[[Page 34928]]
(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 immediate action is necessary to ensure the safety of
spectators and participants attending Fleet Week Maritime Festival.
Delaying the effective date by first publishing an NPRM would be
contrary to the safety zone's intended objective since immediate action
is needed to protect persons and vessels against the hazards associated
with event activities, such as the pass and review of ships and
accompanying aerial demonstrations. Additionally, the zone should have
negligible impact on vessel transits due to the fact that vessels will
be limited from the area for only a limited time and vessels can still
transit in the majority of Elliott Bay during the event. Accordingly,
under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing an NPRM.
Basis and Purpose
The Coast Guard is establishing a temporary safety zone extending
100 yards from Pier 66, Elliott Bay, WA to ensure adequate safety for
the public during the Parade of Ships for the annual Seattle SeaFair
Fleet Week. For the purposes of this rule the Parade of Ships includes
both the pass and review of the ships near Pier 66 and the aerial
demonstrations immediately following the pass and review. These events
have historically resulted in vessel congestion near Pier 66, Elliott
Bay, WA which compromises participant spectator safety. This safety
zone is also necessary to ensure the safety of participant vessels
through providing unobstructed vessel traffic lanes to ensure
unobstructed access to emergency response craft in the event of an
emergency. The Captain of the Port, Puget Sound may be assisted by
other Federal and local agencies in the enforcement of this safety
zone.
Discussion of Rule
This rule will prohibit the movement of all vessel operators within
the indicated safety zone extending 100 yards from Pier 66, Elliott
Bay, Washington during period of enforcement. The temporary safety zone
is delineated 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]36.514' N 122[deg]20.865' W,
and 47[deg]36.552' N 122[deg]20.814' W (NAD 83). This temporary safety
zone is necessary to adequately provide protection to spectators and
participants of the Parade of Ships. This safety zone will be enforced
30 minutes prior to and 30 minutes following scheduled annual parade of
ships scheduled on August 4th, 2010.
The Coast Guard will provide notice to the public of enforcement of
this zone through both the Local Notice to Mariners and marine
information broadcast on the day of the event.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
Although this regulation will restrict access to the area, the
effect of the rule will not be significant because: (i) The safety zone
will be in effect for a limited period of time, (ii) the Coast Guard
will give advance notification via maritime advisories so mariners can
adjust their plans accordingly; and (iii) vessels may be granted
permission to transit the area by the Captain of the Port or a
designated representative.
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 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This temporary rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit a portion of the Puget Sound while this rule is
enforced. This safety zone will not have significant economic impact on
a substantial number of small entities for the following reasons: This
temporary rule will be in effect for a short time, and if safe to do
so, traffic will be allowed to pass through the zone with the
permission of the Captain of the Port or Designated Representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
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
[[Page 34929]]
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.
Taking of Private Property
This rule will not cause 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 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
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--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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T13-150 to read as follows:
Sec. 165.T13-150 Safety Zone; Fleet Week Maritime Festival, Pier 66,
Elliott Bay, Seattle, WA
(a) Location. The following area is a safety zone: All waters
extending 100 yards from Pier 66, 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]36.514' N 122[deg]20.865' W,
and 47[deg]36.552' N 122[deg]20.814' W (NAD 83).
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no vessel operator may enter or remain in
the safety zone without the permission of the Captain of the Port or
Designated Representative, thirty minutes prior to the beginning of the
parade of ships and thirty minutes following the conclusion of the
parade of ships on August 4th, 2010. The Coast Guard will provide
notice to the public of enforcement of this zone through both the Local
Notice to Mariners and marine information broadcast on the day of the
event.
For the purposes of this rule the Parade of Ships includes both the
pass and review of the ships near Pier 66 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 with the
enforcement of the safety zone.
(c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting the on scene patrol craft on
VHF Ch 16 or the Coast Guard Sector Seattle Joint Harbor Operations
Center (JHOC) via telephone at (206) 217-6001. Vessel operators granted
permission to enter the zone will be escorted by the on-scene Coast
Guard patrol craft until they are outside of the safety zone.
(d) Effective Period. This rule is effective from 8 a.m. until 8
p.m. on August 4, 2010, unless canceled sooner by the Captain of the
Port.
Dated: June 5, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-14849 Filed 6-18-10; 8:45 am]
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