
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52622-52625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21690]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0800]
RIN 1625-AA87


Security Zone, Seward, AK

AGENCY: Coast Guard, DHS.

[[Page 52623]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving security 
zone within 1000 yards of a designated vessel on the navigable waters 
of the U.S. in Resurrection Bay, Seward, Alaska during the visit of the 
President of the United States (POTUS) to the area. This action is 
necessary to provide security for the President and first family of the 
United States. Unauthorized vessels and persons will be prohibited from 
entering or remaining in the security zones unless specifically 
authorized by the Captain of the Port (COTP) or the COTP's designated 
representative. A U.S. Coast Guard Broadcast Notice to Mariners (BNM) 
will be conducted during this time to identify the vessel's name and 
location in which the security zone pertains.

DATES: This rule is effective without actual notice from September 1, 
2015 until 5 p.m. on September 2, 2015. For the purposes of 
enforcement, actual notice will be used from 8 a.m. on August 31, 2015 
until September 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0800]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Lieutenant Eugene Chung, Coast Guard 
Sector Anchorage Waterways Management Division, U.S. Coast Guard; 
telephone (907) 428-4189 or email Eugene.Chung@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202)366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 (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 of the sensitive security issues 
related to the POTUS. Providing a public notice and comment period is 
contrary to national security concerns and the public interest. 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 encountered in this temporary rule's 
effective date would be contrary to the public interest given the 
immediate need to ensure the safety and security of the POTUS and first 
family during their visit to Seward, Alaska from August 31, 2015 
through September 02, 2015.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 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, and 
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland 
Security Delegation No. 0170.1.
    The POTUS and first family are scheduled to visit Seward, Alaska, 
from August 31, 2015 through September 02, 2015. It is expected that 
they will reside and/or participate in activities on properties that 
are adjacent to navigable waters within the Captain of the Port, 
Western Alaska zone. The U.S. Secret Service has requested that the 
Coast Guard provide 1000-yard moving security zone around the POTUS and 
the first family. This security zone is intended to provide security 
for the POTUS and first family by preventing vessels and persons from 
approaching the location of the POTUS and first family without prior 
authorization from the U.S. Secret Service.

C. Discussion of the Temporary Final Rule

    This temporary rule establishes a temporary moving security zone 
within 1000 yards of a designated vessel on the navigable waters of the 
U.S. in Resurrection Bay, Seward, Alaska from August 31, 2015 through 
September 02, 2015, during the visit of the POTUS and first family to 
Alaska. This rule is effective from 8 a.m. on Monday, August 31, 2015 
through 5 p.m. on Wednesday, September 2, 2015. This action is intended 
to prohibit unauthorized vessels or persons from entering or remaining 
in navigable waters located within 1000 yards of the POTUS and/or first 
family while they are in or near the navigable waters of the U.S. 
during their visit to Seward, Alaska. The Captain of the Port, Western 
Alaska, anticipates negligible negative impact on vessel traffic from 
this temporary security zone, as they will be in effect for no more 
than three days, and will only be enforced while the POTUS and/or first 
family are in the vicinity of the navigable waters of the U.S. at 
Seward, Alaska. It has been determined that the necessary security 
enhancements provided by this rule greatly outweigh any potential 
negative impacts.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13536. The Office of Management and 
Budget has not reviewed it under those Orders. The rule is not a 
significant regulatory action because the security zone will be in 
place for a limited period, approximately three days and vessel traffic 
will be able to transit around the security zone. Maritime traffic may 
also request permission to transit through the zone from the Captain of 
the Port, Western Alaska or a designated representative.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider potential impact on 
small entities during rulemaking. 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

[[Page 52624]]

significant economic impact on a substantial number of small entities. 
This rule may affect the following entities, some of which may be small 
entities: The owners and operators of vessels intending to transit 
navigable waters in the vicinity of Seward, Alaska from 8:00 a.m. on 
Monday, August 31, 2015 through 5:00 p.m. on Wednesday, September 2, 
2015. The security zone will not have a significant impact on a 
substantial number of small entities for the following reasons: The 
security zone is temporary and will be enforced only when the POTUS 
and/or first family are in the vicinity of the navigable waters of the 
U.S. at Seward, Alaska. Thus, the temporary nature and limited 
effective period and anticipated enforcement periods of the zone, 
coupled with the ability of the maritime public to maneuver around the 
zone, will allow small entities to plan and conduct their business 
accordingly.

3. 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 could better evaluate 
its effects on them and participate in the rulemaking process. If you 
think your small business or organization would be affected by this 
rule and you have any questions concerning its provisions or options 
for compliance, please call Lieutenant Eugene Chung at (907) 428-4189. 
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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Supply Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a temporary moving 
security zone within 1000 yards of a designated vessel on the navigable 
waters of the U.S. in Resurrection Bay, Seward, Alaska. This rule is 
categorically excluded, from further review under paragraph (34)(g) of 
Figure 2-1 of the Commandant Instruction. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

    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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0800 to read as follows:


Sec.  165.T01-0800  Security Zone: Seward, Alaska.

    (a) Location. The following areas are security zones: All navigable 
waters, from surface to bottom, within 1000

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yards of the POTUS and/or first family while underway in, or on shore 
but within 1000 yards of, the navigable waters of the U.S. in the 
coastal areas of Seward, Alaska.
    (b) Notification. Coast Guard Sector Anchorage will give actual 
notice to mariners for the purpose of enforcement of this temporary 
security zone.
    (c) Effective period. This rule is effective for purposes of 
enforcement from 8:00 a.m. on Monday, August 31, 2015 through 5:00 p.m. 
on Wednesday, September 02, 2015.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) In accordance with the general regulations in Sec.  165.33 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port or his designated 
representatives.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, or onboard a federal, state, or local 
agency vessel that is authorized to act in support of the Coast Guard.
    (4) Upon being hailed by a U.S. Coast Guard vessel or a designated 
representative, by siren, radio, flashing light or other means, the 
operator of the vessel shall proceed as directed.
    (5) Vessel operators desiring to enter or operate within this 
security zone shall contact the Captain of the Port or his designated 
representative via VHF channel 16 to obtain permission to do so.

    Dated: August 24, 2015.
Paul Albertson,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2015-21690 Filed 8-31-15; 8:45 am]
 BILLING CODE 9110-04-P


