
[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Rules and Regulations]               
[Page 53195-53197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au10-2]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0021]
RIN 1625-AA87

 
Security Zone; U.S. Coast Guard BSU Seattle, Pier 36, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a security zone at U.S. Coast 
Guard (USCG) Base Support Unit (BSU) Seattle, Pier 36, Elliot Bay, 
Seattle, WA. This permanent security zone is necessary to protect 
military and visiting foreign vessels, waterfront facilities, and the 
maritime public from destruction, loss, or injury from sabotage, 
subversive acts, or other malicious acts of a similar nature. Entry 
into or movement within this security zone is prohibited without the 
permission of the Captain of the Port Puget Sound or a Designated 
Representative.

DATES: This rule is effective September 30, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0021 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0021 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 rule, 
call or e-mail LTJG Ashley M. Wanzer, Sector Puget Sound Waterways 
Management, Coast Guard; telephone 206-217-6175, e-mail 
SectorSeattleWWM@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 3, 2010, we published a notice of proposed rulemaking (NPRM) 
entitled Security Zone; U.S. Coast Guard BSU Seattle, Pier 36, Seattle, 
WA in the Federal Register (75 FR 23212). We received zero comments on 
the proposed rule. We did not receive any requests for a public meeting 
and a public meeting was not held regarding this regulation.

Basis and Purpose

    Heightened awareness of potential terrorist acts requires enhanced 
security of our ports, harbors, and vessels. This rule establishes a 
security zone to protect waterfront facilities, persons, and vessels 
from subversive or terrorist acts on the waters surrounding USCG BSU 
Seattle, Pier 36, Elliot Bay, WA. The Coast Guard Captain of the Port 
Puget Sound finds sufficient cause to require this security zone to 
protect military vessels, facilities and the maritime public located at 
Pier 36, Elliot Bay, WA. This security zone will be continuously 
activated in order to maintain the security of both moored vessels and 
permanent facilities regardless of the physical presence of military 
vessels within the zone.

Discussion of Comments and Changes

    We did not receive any comments on the NPRM. Accordingly, we have 
made no changes from the proposed rule.

Discussion of Rule

    This rule establishes a permanent security zone necessary to 
protect military and visiting foreign vessels, waterfront facilities, 
and the maritime public from destruction, loss, or injury from 
sabotage, subversive acts, or other malicious acts of a similar nature. 
Entry into or movement within this security zone is prohibited without 
the permission of the Captain of the Port Puget Sound or a Designated 
Representative.
    Pier 36 is an inlet that provides vessel moorage to Coast Guard and 
visiting military vessels. The permanent security zone established by 
this rule extends from the north western tip of Pier 36 across the 
inlet to the south western tip of Pier 36, effectively closing off the 
access point such that unauthorized vessels are prohibited from 
entering the pier.

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. This rule is not a significant regulatory 
action because it does not adversely affect the transit of maritime 
vessels or the recreational boating public to major waterways.

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 security zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: Vessel 
traffic can pass safely around the security zone.
    This security zone will impact the following entities, some of 
which may be small entities; those vessels or vessel operators who 
intend to enter BSU Seattle at Pier 36, Seattle, WA.

[[Page 53196]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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 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 a security zone located on all 
waters east of a line from 47[deg]35.450' N 122[deg]20.585' W to 
47[deg]35.409' N 122[deg]20.585' W at USCG BSU Seattle, Pier 36, Elliot 
Bay, Seattle, WA. Under figure 2-1, paragraph (34)(g), of the 
Instruction, an environmental analysis checklist and a categorical 
exclusion determination are not required for this rule.

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, 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.  165.1334 to read as follows:


Sec.  165.1334  Security Zone; U.S. Coast Guard BSU Seattle, Pier 36, 
Elliot Bay, Seattle, WA.

    (a) Location: The following area is a security zone: All waters in 
Elliot Bay east of a line from 47[deg]35.450' N 122[deg]20.585' W to 
47[deg]35.409' N 122[deg]20.585' W at Pier 36, Elliot Bay, Seattle, WA.
    (b) Regulations: Under 33 CFR part 165, subpart D, no vessel may 
enter, transit, moor, or anchor within this security zone located at 
Pier 36, Elliot Bay, WA, except for vessels authorized by the Captain 
of the Port Puget Sound or Designated Representative.

[[Page 53197]]

    (c) Authorization: To request authorization to operate within this 
security zone, contact United States Coast Guard Sector Puget Sound 
Joint Harbor Operations Center at 206-217-6001.

    Dated: August 18, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-21615 Filed 8-30-10; 8:45 am]
BILLING CODE 9110-04-P

