Federal Register: July 3, 2008 (Volume 73, Number 129)
DOCID: fr03jy08-5 FR Doc E8-15207
DEPARTMENT OF HOMELAND SECURITY
CFR Citation: 33 CFR Part 165
Docket ID: [Docket No. USCG-2008-0539]
RIN ID: RIN 1625-AA00
ACTION: Security Zones:
DOCUMENT ACTION: Temporary final rule.
Security Zone; Thea Foss Waterway, Tacoma, WA
DATES: This rule is effective from 6 p.m. (PDT) to 11:59 p.m. (PDT) on July 3, 2008.
The U.S. Coast Guard is establishing a temporary security zone in the Thea Foss Waterway, Tacoma, Washington during a reception at the Museum of Glass. This security zone is necessary to ensure the safety of dignitaries while attending the reception. Entry into, transit through, mooring, or anchoring within this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.
Thea Foss Waterway, Tacoma, Washington,
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. Publishing
a NPRM would be contrary to public interest since immediate action is necessary to ensure the safety of the dignitaries that will be at the Museum of Glass on the date and times this rule will be in effect. If normal notice and comment procedures were followed, this rule would not become effective until after the date of the event.
Under 5 U.S.C. 553(d)(3), the U.S. Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Making this rule effective less than 30 days after publication is necessary to ensure the safety of the dignitaries that will be at the Museum of Glass on the date and times this rule will be in effect.
Background and Purpose
The U.S. Coast Guard is establishing a temporary security zone in the Thea Foss Waterway, Tacoma, Washington to provide for the safety of visiting dignitaries while attending a reception at the Museum of Glass. The reception is one of many events planned in the Puget Sound during the annual ASTA Pacific Tall Ships Challenge and the Tacoma Tall Ships 2008 Event. The U.S. Coast Guard is establishing this zone to ensure that no unauthorized vessels or persons enter into the security zone. The security zone is needed to protect the dignitaries from any waterborne threats.
Discussion of Rule
This rule will control the movement of all vessels and persons in a security zone that includes all waters within a line connecting the following points 47[deg]14.80 N, 122[deg]26.00 W; 47[deg]14.80 N, 122[deg]25.97 W; 47[deg]14.60 N, 122[deg]25.92 W; and 47[deg]14.6 N, 122[deg]25.95 W. The security zone does not extend on land.
The U.S. Coast Guard through this action intends to promote the security of personnel while attending the reception at the Museum of Glass, which is located on the waterfront of the Thea Foss Waterway, Tacoma, WA. Entry into this zone by all vessels or persons will be prohibited unless authorized by the Captain of the Port. This security zone will be enforced by U.S. Coast Guard personnel. The Captain of the Port may be assisted by other federal, state, or local agencies as needed.
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 will be in effect for less than 6 hours and vessel traffic can pass safely around the security zone. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601612), 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, notforprofit 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 U.S. 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 reasons. This rule will be in effect for less than 6 hours and vessel traffic can pass safely around the security zone. Before the effective period, we will issue maritime advisories widely available throughout the Puget Sound.
Collection of Information
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 35013520).
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. 15311538) 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 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 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 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.
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.
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.
We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 43214370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Under figure 21, paragraph (34)(g), of the Instruction, an ``Environmental Analysis Check List'' and a ``Categorical Exclusion Determination'' are not required for this rule because it concerns an emergency situation of less than 1 week in duration.
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 165REGULATED 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; 50
U.S.C. 191, 195; 33 CFR 1.051, 6.041, 6.046, and 160.5; Pub. L.
107295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1
2. From 6 p.m. (PDT) to 11:59 p.m. (PDT) on July 3, 2008, a temporary Sec. 165.T13041 is added to read as follows:
Sec. 165.T13041 Security Zone: Thea Foss Waterway, Tacoma, Washington.
(a) Location. The following area is a security zone: All waters within a line connecting the following points 47[deg]14.80 N, 122[deg]26.00 W; 47[deg]14.80 N, 122[deg]25.97 W; 47[deg]14.60 N, 122[deg]25.92 W; and 47[deg]14.6 N, 122[deg]25.95 W.
(b) Regulations. In accordance with the general regulations in 33 CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor within the security zone described in paragraph (a) of this section, except for vessels authorized by the Captain of the Port or his designated representatives.
(c) Enforcement period. This rule is effective from 6 p.m. (PDT) to 11:59 p.m. (PDT) on July 3, 2008. If the need for the security zone ends before the scheduled termination time, the Captain of the Port will cease enforcement of this section and will announce that fact via Broadcast Notice to Mariners.
Dated: June 20, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. E815207 Filed 7208; 8:45 am]
BILLING CODE 491015P
FOR FURTHER INFORMATION CONTACT
If you have questions concerning this rule, call Ensign Heidi A. Bevis, Waterways Management Division, U.S. Coast Guard Sector Seattle, at 2062176147.