Rule2023-16069
Safety Zone; Fleet Week Maritime Festival, Pier 62, Elliot Bay, Seattle, Washington
Primary source
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Published
July 31, 2023
Effective
August 1, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters 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]36.504' N, 122[deg]20.723' W; 47[deg]36.469' N, 122[deg]20.773' W located in Elliott Bay, Seattle, WA, from thirty minutes prior to the beginning through thirty minutes following the conclusion of the parade of ships. This action is necessary to promote safety on navigable waters. During the enforcement period, entry into, transit through, mooring, or anchoring within this zone is prohibited unless authorized by the Captain of the Port, Sector Puget Sound or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 145 (Monday, July 31, 2023)</title>
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[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49288-49290]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16069]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0614]
RIN 1625-AA00
Safety Zone; Fleet Week Maritime Festival, Pier 62, Elliot Bay,
Seattle, Washington
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters 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]36.504' N, 122[deg]20.723' W; 47[deg]36.469' N, 122[deg]20.773'
W located in Elliott Bay, Seattle, WA, from thirty minutes prior to the
beginning through thirty minutes following the conclusion of the parade
of ships. This action is necessary to promote safety on navigable
waters. During the enforcement period, entry into, transit through,
mooring, or anchoring within this zone is prohibited unless authorized
by the Captain of the Port, Sector Puget Sound or a designated
representative.
DATES: This temporary rule is effective from 11:30 a.m. until 2:30 p.m.
on August 1, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0614 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Robert Nakama, Sector Puget Sound Waterways Management
Division, U.S. Coast Guard; telephone 206-217-6051, email
<a href="/cdn-cgi/l/email-protection#0b586e687f64795b7e6c6e7f58647e656f5c5c464b7e78686c25666267"><span class="__cf_email__" data-cfemail="0a596f697e65785a7f6d6f7e59657f646e5d5d474a7f79696d24676366">[email protected]</span></a>.
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 Information and Regulatory History
The Coast Guard is issuing this temporary 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 it is impracticable to publish an
NPRM for this temporary rule because we must establish the safety zone
by August 1, 2023, to protect the public.
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 because delaying the effective date
of this rule would be impracticable because immediate action is needed
to respond to the potential safety hazards associated with the parade
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. Due to the Parade of Ships taking place near Pier 62, Elliott
Bay, Seattle, WA, on August 1, 2023, there will be a safety concern for
anyone 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]36.504'
N, 122[deg]20.723' W; 47[deg]36.469' N, 122[deg]20.773' W. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone associated with the Parade of
Ships.
IV. Discussion of the Rule
This rule establishes a safety zone for this year's Parade of
Ships, the Pass in Review of which will occur on Pier 62. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters near Pier 62. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. The safety zone will be
enforced from 11:30 a.m. until 2:30 p.m. on August 1, 2023.
V. Regulatory Analyses
We developed this 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.
[[Page 49289]]
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small, designated area of Elliott Bay for 2 hours. Moreover,
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule will allow vessel
operators to seek permission to enter the 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will 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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 rule involves a
safety zone lasting only 3 hours that will prohibit entry within 100
yards of Pier 62. It is categorically excluded from further review
under paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0614 to read as follows:
Sec. 165.T13-0614 Safety Zone; Fleet Week Maritime Festival, Pier 62,
Elliott Bay, Seattle, Washington.
(a) Location. The following area is a safety zone: All waters
extending 100 yards from Pier 62, 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]36.504' N, 122[deg]20.723'
W; 47[deg]36.469' N, 122[deg]20.773' W.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no vessel operator may enter, transit, moor,
or anchor within this safety zone, except for vessels authorized by the
Captain of the Port or
[[Page 49290]]
Designated Representative, thirty minutes prior to the beginning,
during and thirty minutes following the conclusion of the Parade of
Ships. For the purpose of this rule, the Parade of Ships includes both
the pass and review of the ships near Pier 62 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
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 their 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 Puget Sound Joint Harbor Operations Center (JHOC) via
telephone at (206) 217-6002. 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 section will be enforced from 11:30
a.m. until 2:30 p.m. on August 1, 2023.
Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-16069 Filed 7-28-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 31, 2023.
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