83_FR_14868 83 FR 14801 - Security Zone, Seattle's Seafair Fleet Week Moving Vessels, Puget Sound, WA

83 FR 14801 - Security Zone, Seattle's Seafair Fleet Week Moving Vessels, Puget Sound, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 67 (April 6, 2018)

Page Range14801-14803
FR Document2018-07026

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.

Federal Register, Volume 83 Issue 67 (Friday, April 6, 2018)
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14801-14803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07026]


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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



                                                                            Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules                                           14801

                                                 ■ 3. Subpart C is amended by adding                       (9) Proceed southwest along State                    Spence, Sector Puget Sound Waterways
                                                 § 9.___to read as follows:                              Highway 18 for 0.3 miles to the                        Management Branch, U.S. Coast Guard;
                                                                                                         intersection of the highway with Red                   telephone 206–217–6051, email
                                                 § 9.___   Van Duzer Corridor.
                                                                                                         Prairie Road; then                                     SectorPugetSoundWWM@uscg.mil.
                                                    (a) Name. The name of the viticultural                 (10) Proceed south along Red Prairie                 SUPPLEMENTARY INFORMATION:
                                                 area described in this section is ‘‘Van                 Road for approximately 5.3 miles,
                                                 Duzer Corridor’’. For purposes of part 4                returning to the beginning point.                      I. Table of Abbreviations
                                                 of this chapter, ‘‘Van Duzer Corridor’’ is                                                                     CFR Code of Federal Regulations
                                                 a term of viticultural significance.                      Signed: November 30, 2017.
                                                                                                                                                                DHS Department of Homeland Security
                                                    (b) Approved maps. The five United                   John J. Manfreda,
                                                                                                                                                                FR Federal Register
                                                 States Geological Survey (USGS)                         Administrator.                                         NPRM Notice of proposed rulemaking
                                                 1:24,000 scale topographic maps used to                   Approved: March 30, 2018.                            § Section
                                                 determine the boundary of the Van                       Timothy E. Skud,                                       U.S.C. United States Code
                                                 Duzer Corridor viticultural area are                    Deputy Assistant Secretary (Tax, Trade, and            II. Background, Purpose, and Legal
                                                 titled:                                                 Tariff Policy).
                                                    (1) Sheridan, Oreg., 1956; revised                                                                          Basis
                                                                                                         [FR Doc. 2018–07089 Filed 4–5–18; 8:45 am]
                                                 1992;                                                                                                             On July 10, 2012 (77 FR 40521), the
                                                                                                         BILLING CODE 4810–31–P
                                                    (2) Ballston, Oreg., 1956; revised                                                                          Coast Guard Captain of the Port, Sector
                                                 1992;                                                                                                          Puget Sound, published a final rule that
                                                    (3) Dallas, Oreg., 1974; photorevised                                                                       became effective Aug. 1, 2012; the
                                                 1986;                                                   DEPARTMENT OF HOMELAND                                 Seattle’s Seafair Fleet Week Moving
                                                    (4) Amity, Oreg., 1957; revised 1993;                SECURITY                                               Vessels security zone. That final rule
                                                 and                                                                                                            establishes a security zone around
                                                    (5) Rickreall, Oreg., 1969;                          Coast Guard
                                                                                                                                                                designated participating vessels that are
                                                 photorevised 1976;                                                                                             not protected by the Naval Vessel
                                                    (c) Boundary. The Van Duzer Corridor                 33 CFR Part 165
                                                                                                                                                                Protection Zone in Seattle’s Seafair Fleet
                                                 viticultural area is located in Polk and                                                                       Week Parade of Ships. Designated
                                                                                                         [Docket Number USCG–2018–0105]
                                                 Yamhill Counties, in Oregon. The                                                                               participating vessels are named by the
                                                 boundary of the Van Duzer Corridor                      RIN 1625–AA87                                          Coast Guard each year prior to the event
                                                 viticultural area is as described below:                                                                       in a Federal Register notice, as well as
                                                    (1) The beginning point is on the                    Security Zone, Seattle’s Seafair Fleet
                                                                                                                                                                the Local Notice to Mariners. These
                                                 Sheridan map at the intersection of                     Week Moving Vessels, Puget Sound,
                                                                                                                                                                security zones are necessary to help
                                                 State Highway 22 and Red Prairie Road.                  WA
                                                 From the beginning point, proceed                                                                              ensure the security of the vessels from
                                                 southeasterly along State Highway 22                    AGENCY:   Coast Guard, DHS.                            sabotage or other subversive acts.
                                                                                                         ACTION:   Notice of proposed rulemaking.                  The purpose of this rulemaking is to
                                                 for a total of 12.4 miles, crossing over
                                                                                                                                                                amend the information required in the
                                                 the Ballston and Dallas maps and onto
                                                                                                         SUMMARY:   The Coast Guard proposes to                 Notice of Enforcement published in the
                                                 the Rickreall map, to the intersection of
                                                 the highway with the 200-foot elevation                 amend its Seattle Seafair Fleet Week                   Federal Register and Local Notice to
                                                 contour west of the Oak Knoll Golf                      Moving Vessels Security Zone                           Mariner and add the requirement to
                                                 Course; then                                            regulation. This amendment would                       publish the names of participating
                                                    (2) Proceed north on the 200-foot                    change the information in annual                       vessel in a Broadcast Notice to Mariners
                                                 elevation contour, crossing onto the                    notices of enforcement that are                        before the scheduled event. The Coast
                                                 Amity map, to the third intersection of                 published both in the Federal Register                 Guard proposes this rulemaking under
                                                 the elevation contour with Frizzell                     and Local Notice to Mariners. This                     authority in 33 U.S.C. 1231.
                                                 Road; then                                              action is necessary because last minute                III. Discussion of Proposed Rule
                                                    (3) Proceed east on Frizzell Road for                changes in the vessels participating in
                                                 0.3 mile to the intersection of the road                the Parade of Ships during Fleet Week                     The Captain of the Port Puget Sound
                                                 with Oak Grove Road; then                               prevent the Coast Guard from                           proposes to amend the provisions in 33
                                                    (4) Proceed north along Oak Grove                    identifying the designated participating               CFR 165.1333 regarding information
                                                 Road for 1.7 miles to the intersection of               vessels in the Federal Register within                 published in the notice of enforcement
                                                 the road with Zena Road; then                           the allotted timeframe. We invite your                 for the annual security zone for Seattle’s
                                                    (5) Proceed east on Zena Road for                    comments on this proposed rulemaking.                  Seafair Fleet Weeks Parade of Ships.
                                                 approximately 0.25 mile to the second                   DATES: Comments and related material
                                                                                                                                                                Currently, the Coast Guard publishes
                                                 intersection of the road with the 200-                  must be received by the Coast Guard on                 the names of the vessels participating in
                                                 foot elevation contour; then                            or before May 21, 2018.                                the Parade of Ships, in a notice of
                                                    (6) Proceed northwest along the 200-                                                                        enforcement at least 3 days prior to the
                                                                                                         ADDRESSES: You may submit comments
                                                 foot elevation contour to the                                                                                  beginning of Seattle’s Seafair. These are
                                                                                                         identified by docket number USCG–                      military vessels. In past years, some
                                                 intersection of the elevation contour                   2018–0105 using the Federal
                                                 with Oak Grove Road; then                                                                                      vessels participating in the Parade of
                                                                                                         eRulemaking Portal at http://                          Ships changed their plans due to
                                                    (7) Proceed north along Oak Grove
                                                                                                         www.regulations.gov. See the ‘‘Public                  operational needs, and as a result, the
                                                 Road (which becomes Old Bethel Road)
                                                                                                         Participation and Request for
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 approximately 7.75 miles to the                                                                                changes precluded the Coast Guard from
                                                                                                         Comments’’ portion of the                              providing sufficient notice in the
                                                 intersection of the road with Patty Lane;
                                                                                                         SUPPLEMENTARY INFORMATION section for
                                                 then                                                                                                           Federal Register. This proposed
                                                    (8) Proceed west in a straight line for              further instructions on submitting                     amendment is necessary because the
                                                 a total of 10.8 miles, crossing over the                comments.                                              changing schedules of vessels
                                                 Ballston map and onto the Sheridan                      FOR FURTHER INFORMATION CONTACT:      If               sometimes makes it impossible to know
                                                 map, to the intersection of the line with               you have questions on this proposed                    which vessels will ultimately
                                                 State Highway 18; then                                  rule, call or email Petty Officer Zachary              participate in the Parade of Ships and


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                                                 14802                      Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules

                                                 also provide timely notice in the                          While some owners or operators of                   in the FOR FURTHER INFORMATION
                                                 Federal Register.                                       vessels intending to transit the security              CONTACT section.
                                                   The Coast Guard proposes to amend                     zone may be small entities, for the
                                                 the information required in the notice of                                                                      E. Unfunded Mandates Reform Act
                                                                                                         reasons stated in section IV.A above,
                                                 enforcement to only include the date                    this proposed rule would not have a                       The Unfunded Mandates Reform Act
                                                 and time of the Parade of Ships, and not                significant economic impact on any                     of 1995 (2 U.S.C. 1531–1538) requires
                                                 the names of the vessels. In order to                   vessel owner or operator.                              Federal agencies to assess the effects of
                                                 provide notice to the public regarding                     If you think that your business,                    their discretionary regulatory actions. In
                                                 the vessels requiring the security zone,                organization, or governmental                          particular, the Act addresses actions
                                                 the Coast Guard will provide notice to                  jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                                 the public of the designated                            and that this rule would have a                        State, local, or tribal government, in the
                                                 participating vessels by issuing a                      significant economic impact on it,                     aggregate, or by the private sector of
                                                 Broadcast Notice to Mariners before and                 please submit a comment (see                           $100,000,000 (adjusted for inflation) or
                                                 during the event. In addition, the                      ADDRESSES) explaining why you think it                 more in any one year. Though this
                                                 security zone will be enforced with                     qualifies and how and to what degree                   proposed rule would not result in such
                                                 actual notice during the Seattle Seafair                this rule would economically affect it.                an expenditure, we do discuss the
                                                 Fleet Week each year. The regulatory                       Under section 213(a) of the Small                   effects of this rule elsewhere in this
                                                 text we are proposing appears at the end                Business Regulatory Enforcement                        preamble.
                                                 of this document.                                       Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                         we want to assist small entities in                    F. Environment
                                                 IV. Regulatory Analyses                                 understanding this proposed rule. If the                 We have analyzed this proposed rule
                                                   We developed this proposed rule after                 rule would affect your small business,                 under Department of Homeland
                                                 considering numerous statutes and                       organization, or governmental                          Security Directive 023–01, which guides
                                                 Executive orders related to rulemaking.                 jurisdiction and you have questions                    the Coast Guard in complying with the
                                                 Below we summarize our analyses                         concerning its provisions or options for               National Environmental Policy Act of
                                                 based on a number of these statutes and                 compliance, please contact the person                  1969 (42 U.S.C. 4321–4370f), and have
                                                 Executive orders and we discuss First                   listed in the FOR FURTHER INFORMATION                  made a preliminary determination that
                                                 Amendment rights of protestors.                         CONTACT section. The Coast Guard will                  this action is one of a category of actions
                                                                                                         not retaliate against small entities that              that do not individually or cumulatively
                                                 A. Regulatory Planning and Review                                                                              have a significant effect on the human
                                                                                                         question or complain about this
                                                    Executive Orders 12866 and 13563                     proposed rule or any policy or action of               environment. This proposed rule
                                                 direct agencies to assess the costs and                 the Coast Guard.                                       involves amending the way in which
                                                 benefits of available regulatory                                                                               the Coast Guard will notify the public
                                                 alternatives and, if regulation is                      C. Collection of Information                           which vessels are designated
                                                 necessary, to select regulatory                           This proposed rule would not call for                participants in Seattle’s Seafair Fleet
                                                 approaches that maximize net benefits.                  a new collection of information under                  Week. Normally such actions are
                                                 Executive Order 13771 directs agencies                  the Paperwork Reduction Act of 1995                    categorically excluded from further
                                                 to control regulatory costs through a                   (44 U.S.C. 3501–3520).                                 review under paragraph L60(a) of
                                                 budgeting process. This NPRM has not                                                                           Appendix A, Table 1 of DHS Instruction
                                                                                                         D. Federalism and Indian Tribal
                                                 been designated a ‘‘significant                                                                                Manual 023–01–001–01, Rev. 01. A
                                                                                                         Governments
                                                 regulatory action,’’ under Executive                                                                           preliminary Record of Environmental
                                                 Order 12866. Accordingly, the NPRM                         A rule has implications for federalism              Consideration supporting this
                                                 has not been reviewed by the Office of                  under Executive Order 13132,                           determination is available in the docket
                                                 Management and Budget (OMB), and                        Federalism, if it has a substantial direct             where indicated under ADDRESSES. We
                                                 pursuant to OMB guidance it is exempt                   effect on the States, on the relationship              seek any comments or information that
                                                 from the requirements of Executive                      between the national government and                    may lead to the discovery of a
                                                 Order 13771.                                            the States, or on the distribution of                  significant environmental impact from
                                                    This regulatory action determination                 power and responsibilities among the                   this proposed rule.
                                                 is based on the fact that this rule would               various levels of government. We have
                                                 only change the mean in which the                       analyzed this proposed rule under that                 G. Protest Activities
                                                 public will be notified about the                       Order and have determined that it is                     The Coast Guard respects the First
                                                 security zone.                                          consistent with the fundamental                        Amendment rights of protesters.
                                                                                                         federalism principles and preemption                   Protesters are asked to contact the
                                                 B. Impact on Small Entities                             requirements described in Executive                    person listed in the FOR FURTHER
                                                    The Regulatory Flexibility Act of                    Order 13132.                                           INFORMATION CONTACT section to
                                                 1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have              coordinate protest activities so that your
                                                 requires Federal agencies to consider                   tribal implications under Executive                    message can be received without
                                                 the potential impact of regulations on                  Order 13175, Consultation and                          jeopardizing the safety or security of
                                                 small entities during rulemaking. The                   Coordination with Indian Tribal                        people, places, or vessels.
                                                 term ‘‘small entities’’ comprises small                 Governments, because it would not have
                                                 businesses, not-for-profit organizations                a substantial direct effect on one or                  V. Public Participation and Request for
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 that are independently owned and                        more Indian tribes, on the relationship                Comments
                                                 operated and are not dominant in their                  between the Federal Government and                       We view public participation as
                                                 fields, and governmental jurisdictions                  Indian tribes, or on the distribution of               essential to effective rulemaking, and
                                                 with populations of less than 50,000.                   power and responsibilities between the                 will consider all comments and material
                                                 The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  received during the comment period.
                                                 605(b) that this proposed rule would not                If you believe this proposed rule has                  Your comment can help shape the
                                                 have a significant economic impact on                   implications for federalism or Indian                  outcome of this rulemaking. If you
                                                 a substantial number of small entities.                 tribes, please contact the person listed               submit a comment, please include the


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                                                                            Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules                                           14803

                                                 docket number for this rulemaking,                      (a) of this section will be enforced with              SUPPLEMENTARY INFORMATION:      The VA
                                                 indicate the specific section of this                   actual notice during Seattle Seafair Fleet             Office of the Secretary provides
                                                 document to which each comment                          Week each year for a period of up to 1                 centralized management and
                                                 applies, and provide a reason for each                  week. The Seattle Seafair Fleet Week                   coordination of VA’s rulemaking
                                                 suggestion or recommendation.                           will occur annually sometime between                   process through its Office of Regulation
                                                    We encourage you to submit                           July 25 and August 14. The Coast Guard                 Policy and Management (ORPM). ORPM
                                                 comments through the Federal                            will publish an annual notice                          oversaw VA’s Regulation Rewrite
                                                 eRulemaking Portal at http://                           enforcement containing the dates that                  Project (the Project) to improve the
                                                 www.regulations.gov. If your material                   this section will be enforced in the                   organization and clarity of VA’s
                                                 cannot be submitted using http://                       Federal Register and Local Notice to                   adjudication regulations, which are in
                                                 www.regulations.gov, contact the person                 Mariners. A Broadcast Notice to                        current 38 CFR part 3. These regulations
                                                 in the FOR FURTHER INFORMATION                          Mariners will also be issued before the                govern the adjudication of claims for
                                                 CONTACT section of this document for                    start of the Seattle Seafair Fleet Week to             VA’s monetary benefits (including
                                                 alternate instructions.                                 identify the designated participating                  compensation, pension, dependency
                                                    We accept anonymous comments. All                    vessels for that year.                                 and indemnity compensation, and
                                                 comments received will be posted                                                                               burial benefits), which are administered
                                                                                                           Dated: April 2, 2018.
                                                 without change to http://                                                                                      by the Veterans Benefits Administration
                                                                                                         Linda A. Sturgis,
                                                 www.regulations.gov and will include                                                                           (VBA).
                                                 any personal information you have                       Captain, U.S. Coast Guard, Captain of the                 The Project responded to a
                                                                                                         Port Puget Sound.                                      recommendation made by the VA
                                                 provided. For more about privacy and
                                                                                                         [FR Doc. 2018–07026 Filed 4–5–18; 8:45 am]             Claims Processing Task Force in its
                                                 the docket, visit http://
                                                 www.regulations.gov/privacyNotice.                      BILLING CODE 9110–04–P                                 October 2001 ‘‘Report to the Secretary of
                                                    Documents mentioned in this NPRM                                                                            Veterans Affairs’’ and to criticisms of
                                                 as being available in the docket, and all                                                                      VA regulations by the U.S. Court of
                                                 public comments, will be in our online                  DEPARTMENT OF VETERANS                                 Appeals for Veterans Claims. The Task
                                                 docket at http://www.regulations.gov                    AFFAIRS                                                Force recommended that VA reorganize
                                                 and can be viewed by following that                                                                            its regulations in a logical, coherent
                                                 website’s instructions. Additionally, if                38 CFR Parts 3 and 5                                   manner. The Court referred to the
                                                 you go to the online docket and sign up                 RIN 2900–AO13                                          current regulations as a ‘‘confusing
                                                 for email alerts, you will be notified                                                                         tapestry’’ and criticized VA for
                                                 when comments are posted or a final                     VA Compensation and Pension                            maintaining substantive rules in its
                                                 rule is published.                                      Regulation Rewrite Project                             Adjudication Procedures Manual
                                                                                                                                                                (manual). Accordingly, the Project
                                                 List of Subjects in 33 CFR Part 165                     AGENCY:   Department of Veterans Affairs.              reviewed the manual to identify
                                                   Harbors, Marine safety, Navigation                    ACTION:   Withdrawal of proposed rule.                 provisions that might be substantive and
                                                 (water), Reporting and recordkeeping                    SUMMARY:   The Department of Veterans                  proposed to incorporate those
                                                 requirements, Security measures,                        Affairs (VA) published a notice of                     provisions in a complete rewrite of part
                                                 Waterways.                                              proposed rulemaking in the Federal                     3 that would be located at a new part
                                                   For the reasons discussed in the                      Register on November 27, 2013,                         5. To be clear, the goal was never to
                                                 preamble, the Coast Guard proposes to                   proposing to reorganize and rewrite its                substantively alter the law pertaining to
                                                 amend 33 CFR part 165 as follows:                       compensation and pension regulations                   VA monetary benefits, but to convey
                                                                                                         in a logical, claimant focused, and user-              this law (to include current regulations,
                                                 PART 165—REGULATED NAVIGATION
                                                                                                         friendly format. The intended effect of                VA General Counsel opinions, court
                                                 AREAS AND LIMITED ACCESS AREAS                                                                                 decisions, and substantive manual
                                                                                                         the proposed revisions was to assist
                                                                                                                                                                provisions) in readable language and an
                                                 ■ 1. The authority citation for part 165                claimants, beneficiaries, veterans’
                                                                                                                                                                organized format. 78 FR at 71,042; see
                                                 continues to read as follows:                           representatives, and VA personnel in
                                                                                                                                                                also 79 FR 57,660, 57,678 (Sep. 25,
                                                                                                         locating and understanding these
                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    2014) (commenting on the scope of the
                                                                                                         regulations. VA has since determined
                                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      Rewrite Project).
                                                 Department of Homeland Security Delegation              that an incremental approach to revising                  VA published the rewritten material
                                                 No. 0170.1.                                             these regulations is the only feasible                 in 20 Notices of Proposed Rulemaking
                                                                                                         method for the Veterans Benefit                        (NPRMs) and gave interested persons 60
                                                 ■ 2. Amend § 165.1333 by revising                       Administration (VBA) as it exists today.
                                                 paragraphs (a) and (e) to read as follows:                                                                     days to submit comments after each
                                                                                                         Therefore, VA is withdrawing the                       publication. These NPRMs addressed
                                                 § 165.1333 Security Zones, Seattle’s                    proposed rule, RIN 2900–AO13–VA                        specific topics, programs, or groups of
                                                 Seafair Fleet Week moving vessels, Puget                Compensation and Pension Regulation                    regulatory material organized under the
                                                 Sound, WA.                                              Rewrite Project, that was published on                 following Rulemaking Identifier
                                                   (a) Location. The following areas are                 November 27, 2013, at 78 FR 71,042.                    Numbers (RIN):
                                                 security zones: all navigable waters                    DATES: The proposed rule published on                  • RIN 2900–AL67, Service
                                                 within 500 yards of each designated                     November 27, 2013, at 78 FR 71,042, is                    Requirements for Veterans (January
                                                 participating vessel in the Parade of                   withdrawn as of April 6, 2018.                            30, 2004)
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Ships while each such vessel is in the                  FOR FURTHER INFORMATION CONTACT:                       • RIN 2900–AL70, Presumptions of
                                                 Sector Puget Sound Captain of the Port                  Michael P. Shores, Director, Office of                    Service Connection for Certain
                                                 (COTP) zone, as defined in 33 CFR                       Regulations Policy & Management                           Disabilities, and Related Matters (July
                                                 3.65–10, during a time specified in                     (00REG), Office of the Secretary,                         27, 2004)
                                                 paragraph (e) of this section.                          Department of Veterans Affairs, 810                    • RIN 2900–AL71, Accrued Benefits,
                                                 *     *    *     *     *                                Vermont Ave. NW, Washington, DC                           Death Compensation, and Special
                                                   (e) Annual enforcement period. The                    20420, (202) 461–4902 (this is not a toll-                Rules Applicable Upon Death of a
                                                 security zones described in paragraph                   free number).                                             Beneficiary (October 1, 2004)


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Document Created: 2018-11-01 09:15:14
Document Modified: 2018-11-01 09:15:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 21, 2018.
ContactIf 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]
FR Citation83 FR 14801 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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