[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14801-14803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07026]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0105]
RIN 1625-AA87


Security Zone, Seattle's Seafair Fleet Week Moving Vessels, Puget 
Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend its Seattle Seafair Fleet 
Week Moving Vessels Security Zone regulation. This amendment would 
change the information in annual notices of enforcement that are 
published both in the Federal Register and Local Notice to Mariners. 
This action is necessary because last minute changes in the vessels 
participating in the Parade of Ships during Fleet Week prevent the 
Coast Guard from identifying the designated participating vessels in 
the Federal Register within the allotted timeframe. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 21, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0105 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Petty Officer Zachary Spence, Sector Puget Sound 
Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On July 10, 2012 (77 FR 40521), the Coast Guard Captain of the 
Port, Sector Puget Sound, published a final rule that became effective 
Aug. 1, 2012; the Seattle's Seafair Fleet Week Moving Vessels security 
zone. That final rule establishes a security zone around designated 
participating vessels that are not protected by the Naval Vessel 
Protection Zone in Seattle's Seafair Fleet Week Parade of Ships. 
Designated participating vessels are named by the Coast Guard each year 
prior to the event in a Federal Register notice, as well as the Local 
Notice to Mariners. These security zones are necessary to help ensure 
the security of the vessels from sabotage or other subversive acts.
    The purpose of this rulemaking is to amend the information required 
in the Notice of Enforcement published in the Federal Register and 
Local Notice to Mariner and add the requirement to publish the names of 
participating vessel in a Broadcast Notice to Mariners before the 
scheduled event. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Captain of the Port Puget Sound proposes to amend the 
provisions in 33 CFR 165.1333 regarding information published in the 
notice of enforcement for the annual security zone for Seattle's 
Seafair Fleet Weeks Parade of Ships. Currently, the Coast Guard 
publishes the names of the vessels participating in the Parade of 
Ships, in a notice of enforcement at least 3 days prior to the 
beginning of Seattle's Seafair. These are military vessels. In past 
years, some vessels participating in the Parade of Ships changed their 
plans due to operational needs, and as a result, the changes precluded 
the Coast Guard from providing sufficient notice in the Federal 
Register. This proposed amendment is necessary because the changing 
schedules of vessels sometimes makes it impossible to know which 
vessels will ultimately participate in the Parade of Ships and

[[Page 14802]]

also provide timely notice in the Federal Register.
    The Coast Guard proposes to amend the information required in the 
notice of enforcement to only include the date and time of the Parade 
of Ships, and not the names of the vessels. In order to provide notice 
to the public regarding the vessels requiring the security zone, the 
Coast Guard will provide notice to the public of the designated 
participating vessels by issuing a Broadcast Notice to Mariners before 
and during the event. In addition, the security zone will be enforced 
with actual notice during the Seattle Seafair Fleet Week each year. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that this 
rule would only change the mean in which the public will be notified 
about the security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This proposed rule 
involves amending the way in which the Coast Guard will notify the 
public which vessels are designated participants in Seattle's Seafair 
Fleet Week. Normally such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the

[[Page 14803]]

docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

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 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Amend Sec.  165.1333 by revising paragraphs (a) and (e) to read as 
follows:


Sec.  165.1333   Security Zones, Seattle's Seafair Fleet Week moving 
vessels, Puget Sound, WA.

    (a) Location. The following areas are security zones: all navigable 
waters within 500 yards of each designated participating vessel in the 
Parade of Ships while each such vessel is in the Sector Puget Sound 
Captain of the Port (COTP) zone, as defined in 33 CFR 3.65-10, during a 
time specified in paragraph (e) of this section.
* * * * *
    (e) Annual enforcement period. The security zones described in 
paragraph (a) of this section will be enforced with actual notice 
during Seattle Seafair Fleet Week each year for a period of up to 1 
week. The Seattle Seafair Fleet Week will occur annually sometime 
between July 25 and August 14. The Coast Guard will publish an annual 
notice enforcement containing the dates that this section will be 
enforced in the Federal Register and Local Notice to Mariners. A 
Broadcast Notice to Mariners will also be issued before the start of 
the Seattle Seafair Fleet Week to identify the designated participating 
vessels for that year.

    Dated: April 2, 2018.
Linda A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2018-07026 Filed 4-5-18; 8:45 am]
 BILLING CODE 9110-04-P


