
[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Proposed Rules]               
[Page 8563-8566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe10-31]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0062]
RIN 1625-AA00

 
Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliott Bay, 
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Coast Guard is proposing to establish a permanent 
safety zone on all waters extending 100 yards from Pier 66, Elliot Bay, 
WA to ensure adequate safety of the boating public during multiple 
naval and aerial spectator events associated with the annual Fleet Week 
Maritime Festival. 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: Comments and related material must be received by the Coast 
Guard on or before May 26, 2010. Requests for public meetings must be 
received by the Coast Guard on or before March 29, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0062 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Ensign Ashley M. Wanzer, USCG Sector 
Seattle Waterways Management Division, 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0062), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via

[[Page 8564]]

www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an e-
mail address, or a telephone number in the body of your document so 
that we can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0062'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0062'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before 30 days after publication in the Federal 
Register using one of the four methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Ensign Ashley M. Wanzer at the telephone number or e-mail 
address indicated under the FOR FURTHER INFORMATION CONTACT section of 
this notice.

Background and Purpose

    The U.S. Coast Guard is proposing to establish a permanent safety 
zone on all waters extending 100 yards from Pier 66, Elliot Bay, WA to 
ensure adequate safety for the public during multiple naval and aerial 
spectator events associated with the annual Fleet Week Maritime 
Festival. This safety zone is necessary as these events have 
historically resulted in vessel congestion near Pier 66, Elliot Bay, WA 
which adversely compromises participant and 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.
    The Captain of the Port, Puget Sound will give notice of the 
enforcement of the safety zone by all appropriate means to provide the 
widest publicity among the affected segments of the public. This will 
include publication in the Local Notice to Mariners and Marine 
Information Broadcasts. The public will also be notified of Festival 
events by local newspapers, radio and television stations. These 
various methods of notification will facilitate informing mariners so 
they may adjust their plans accordingly.
    Each year the Fleet Week Maritime Festival occurs in the same 
location and time period, and involves multiple naval and aerial 
spectator events. The proposed permanent safety zone will be used to 
control vessel movement within a specified distance surrounding the 
Festival activities to ensure the safety of persons and property. An 
on-scene patrol commander may allow persons within the safety zone if 
conditions permit.
    This proposed safety zone will be enforced from 8 a.m. until 8 
p.m., prior to and immediately following events associated with the 
annual Fleet Week Maritime Festival, scheduled for either the last 
weekend in July or the first weekend in August. However, vessels may 
enter, remain in, or transit through the safety zone during this 
timeframe if authorized by the Captain of the Port or designated on-
scene patrol commander.
    This proposed rule is necessary to protect the safety of life and 
property on navigable waters during the annual Fleet Week Maritime 
Festival events and provide the marine community information on the 
safety zone location, size and length of time the zone will be active.

Discussion of Proposed Rule

    This proposed rule will create a permanent safety zone to control 
the movement of all vessels and persons on all waters extending 100 
yards from Pier 66, Elliot Bay, WA, encompassed by the points, 
47[deg]36.70' N & 122[deg]21.07' W, 47[deg]36.68' N & 122[deg]21.13' W, 
47[deg]36.53' N & 122[deg]20.86' W, and 47[deg]36.55' N & 
122[deg]20.81' W (NAD 1983). This safety zone is necessary to 
adequately provide necessary protection to people and national assets 
participating in the annual Fleet Week Maritime Festival. This safety 
zone will be delineated by the presence of on-scene patrol craft. This 
is the most effective mechanism to establish the boundaries of the 
safety zone while providing unencumbered access for rescue craft in the 
event of an emergency.
    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 proposed 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 proposed 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 proposed rule is not 
a significant regulatory action because the

[[Page 8565]]

period of enforcement and size of this security zone is minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed 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 a significant economic impact 
on a substantial number of small entities for the following reasons. 
This temporary rule will be in effect for minimal times when vessel 
traffic volume is low and are limited in size. 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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Ensign Ashley 
Wanzer. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves multiple naval and aerial spectator events associated 
with the annual Fleet Week Maritime Festival. We seek any comments or 
information that may lead to the discovery of a

[[Page 8566]]

significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; 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

    2. Add Sec.  165.1330 to read as follows:


Sec.  165.1330  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, Elliot Bay, WA within a box 
encompassed by the points, 47[deg]36.70' N & 122[deg]21.07' W, 
47[deg]36.68' N & 122[deg]21.13' W, 47[deg]36.53' N & 122[deg]20.86' W, 
and 47[deg]36.55' N & 122[deg]20.81' W (NAD 1983). This safety zone 
does not extend on land.
    (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 safety zone, except for vessels authorized by the Captain 
of the Port or Designated Representative. The Captain of the Port may 
be assisted by other federal, state, or local agencies as needed.
    (c) Authorization. In order to transit through this safety zone, 
authorization must be granted by the Captain of the Port Puget Sound or 
Designated Representative. All vessel operators desiring entry into 
this safety zone shall gain authorization by contacting either the on-
scene U.S. Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast 
Guard Sector Seattle Joint Harbor Operations Center (JHOC) via 
telephone at (206) 217-6452. Requests shall indicate the reason why 
movement within the safety zone is necessary, and the vessel's arrival 
and/or departure facility name, pier and/or berth. Vessel operators 
granted permission to enter this safety zone will be escorted by the 
on-scene patrol until no longer within the safety zone.
    (d) Enforcement Period. This rule is effective during the day of 
the Fleet Week Maritime Festival occurring on either the last weekend 
in July or the first weekend in August, and will be enforced from 8 
a.m. until 8 p.m. unless cancelled sooner by the Captain of the Port.

    Dated: February 4, 2010.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-3834 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-15-P

