83_FR_35088 83 FR 34946 - Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay, Seattle, Washington

83 FR 34946 - Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay, Seattle, Washington

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 142 (July 24, 2018)

Page Range34946-34948
FR Document2018-15752

The Coast Guard is temporarily amending the Fleet Week Maritime Festival safety zone. This year's Parade of Ships will commence with the aerial demonstration followed by the pass and review of ships. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the Parade of Ships. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Puget Sound.

Federal Register, Volume 83 Issue 142 (Tuesday, July 24, 2018)
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Rules and Regulations]
[Pages 34946-34948]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15752]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0656]
RIN 1625-AA00


Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay, 
Seattle, Washington

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily amending the Fleet Week 
Maritime Festival safety zone. This year's Parade of Ships will 
commence with the aerial demonstration followed by the pass and review 
of ships. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards associated with the 
Parade of Ships. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Puget Sound.

DATES: This temporary rule is effective from 8 a.m. until 8 p.m. on 
July 31, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0656 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Zachary Spence, Sector Puget Sound 
Waterways Management Division, 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 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule due to unanticipated modifications to 
this year's Fleet Week Maritime Festival's sequence of events imposed 
by event organizers on the Coast Guard. It is impracticable to publish 
an NPRM for this temporary rule because the safety zone must be 
established by July 31, 2018, 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 for the same reasons stated in the 
preceding paragraph.

III. Legal Authority and Need for Rule

    On June 28, 2018, the Fleet Week planning Committee notified the 
Coast Guard of a change to the sequence of events for this year's 
Parade of Ships to conduct aerial demonstrations prior to instead of 
immediately following the pass and review of ships. This temporary 
amendment to our safety zone regulation for the Fleet Week Maritime 
Festival, Pier 66, Elliott Bay, Seattle, Washington, 33 CFR 165.1330, 
will reflect the actual order of events for this year's Parade of 
Ships, and is needed to notify the public of the change in the sequence 
of events this year and avoid uncertainty as to the effective period of 
the rule, which remains unchanged.
    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. 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 temporarily amends Sec.  165.1330 to reflect this year's 
sequence of events. During this year's Parade of Ships, the aerial 
demonstration will occur before the pass and review of ships near Pier 
66. The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters immediately before 
and after the aerial demonstration and the parade of the ships near 
Pier 66. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.
    The regulation will be enforced for the same area as in past years 
and for same hours--from 8 a.m. until 8 p.m. The only change to the 
regulation is how it describes the sequence of events.

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.

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 rule has not been 
designated a ``significant

[[Page 34947]]

regulatory action,'' under Executive Order 12866. Accordingly, this 
rule 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 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 12 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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 and Commandant Instruction M16475.1D, 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 
amending a safety zone to specify the sequence of events during this 
year's Fleet Week Maritime Festival. It is categorically excluded from 
further review under paragraph L60a of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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.

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: 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. In Sec.  165.1330, from 8 a.m. until 8 p.m. on July 31, 2018, 
temporarily suspend paragraph (b) and temporarily add paragraph (e) to 
read as follows:


Sec.  165.1330   Safety Zone; Fleet Week Maritime Festival, Pier 66, 
Elliott Bay, Seattle, Washington.

* * * * *
    (e) 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 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 66 and the 
aerial demonstrations immediately before the pass and review. The 
Captain of the Port may be assisted by other federal, state, or local 
agencies as needed.


[[Page 34948]]


    Dated: July 18, 2018.
M.M. Balding,
Captain, U.S. Coast Guard, Acting Captain of the Port Puget Sound.
[FR Doc. 2018-15752 Filed 7-23-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                34946               Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations

                                                effective period from 7:30 a.m. through                  by the pass and review of ships. The                  III. Legal Authority and Need for Rule
                                                7 p.m., excluding Saturdays and                          safety zone is needed to protect                         On June 28, 2018, the Fleet Week
                                                Sundays. The COTP may terminate                          personnel, vessels, and the marine                    planning Committee notified the Coast
                                                enforcement of this section if the work                  environment from potential hazards                    Guard of a change to the sequence of
                                                is finished earlier.                                     associated with the Parade of Ships.                  events for this year’s Parade of Ships to
                                                   (d) Regulations. (1) In accordance                    Entry of vessels or persons into this                 conduct aerial demonstrations prior to
                                                with the general regulations in § 165.801                zone is prohibited unless specifically                instead of immediately following the
                                                of this part, entry into this area is                    authorized by the Captain of the Port                 pass and review of ships. This
                                                prohibited unless authorized by the                      Puget Sound.                                          temporary amendment to our safety
                                                Captain of the Port Sector Ohio Valley                   DATES: This temporary rule is effective               zone regulation for the Fleet Week
                                                (COTP) or a designated representative.                   from 8 a.m. until 8 p.m. on July 31,                  Maritime Festival, Pier 66, Elliott Bay,
                                                A designated representative is a                         2018.                                                 Seattle, Washington, 33 CFR 165.1330,
                                                commissioned, warrant, or petty officer                  ADDRESSES: To view documents                          will reflect the actual order of events for
                                                of the U.S. Coast Guard assigned to                      mentioned in this preamble as being                   this year’s Parade of Ships, and is
                                                units under the operational control of                   available in the docket, go to http://                needed to notify the public of the
                                                Sector Ohio Valley, U.S. Coast Guard.                    www.regulations.gov, type USCG–2018–                  change in the sequence of events this
                                                   (2) Persons or vessels requiring entry                0656 in the ‘‘SEARCH’’ box and click                  year and avoid uncertainty as to the
                                                into or passage through the area must                    ‘‘SEARCH.’’ Click on Open Docket                      effective period of the rule, which
                                                request permission from the COTP or a                    Folder on the line associated with this               remains unchanged.
                                                designated representative. U.S. Coast                    rule.                                                    The Coast Guard is issuing this rule
                                                Guard Sector Ohio Valley may be                                                                                under authority in 33 U.S.C. 1231. This
                                                                                                         FOR FURTHER INFORMATION CONTACT: If
                                                contacted on VHF Channel 13 or 16, or                                                                          rule is needed to protect personnel,
                                                                                                         you have questions on this rule, call or
                                                at 1–800–253–7465.                                                                                             vessels, and the marine environment in
                                                                                                         email Petty Officer Zachary Spence,
                                                   (3) A safety vessel will coordinate all                                                                     the navigable waters within the safety
                                                                                                         Sector Puget Sound Waterways
                                                vessel traffic during the enforcement of                                                                       zone associated with the Parade of
                                                                                                         Management Division, Coast Guard;
                                                this safety zone. All persons and vessels                                                                      Ships.
                                                                                                         telephone (206) 217–6051, email
                                                permitted to enter this safety zone must
                                                                                                         SectorPugetSoundWWM@uscg.mil.                         IV. Discussion of the Rule
                                                transit at their slowest safe speed and
                                                                                                         SUPPLEMENTARY INFORMATION:                              This rule temporarily amends
                                                comply with all directions issued by the
                                                COTP or the designated representative.                   I. Table of Abbreviations                             § 165.1330 to reflect this year’s sequence
                                                   (e) Information broadcasts. The COTP                                                                        of events. During this year’s Parade of
                                                                                                         CFR Code of Federal Regulations
                                                or a designated representative will                      DHS Department of Homeland Security
                                                                                                                                                               Ships, the aerial demonstration will
                                                inform the public of the enforcement                     FR Federal Register                                   occur before the pass and review of
                                                times and dates for this safety zone                     NPRM Notice of proposed rulemaking                    ships near Pier 66. The duration of the
                                                through Broadcast Notices to Mariners                    § Section                                             zone is intended to protect personnel,
                                                (BNMs), Local Notices to Mariners                        U.S.C. United States Code                             vessels, and the marine environment in
                                                (LNMs), and/or Marine Safety                                                                                   these navigable waters immediately
                                                                                                         II. Background Information and
                                                Information Bulletins (MSIBs), as                                                                              before and after the aerial demonstration
                                                                                                         Regulatory History
                                                appropriate.                                                                                                   and the parade of the ships near Pier 66.
                                                                                                            The Coast Guard is issuing this                    No vessel or person will be permitted to
                                                  Dated: July 18, 2018.                                  temporary rule, without prior notice and              enter the safety zone without obtaining
                                                M.B. Zamperini,                                          opportunity to comment pursuant to                    permission from the COTP or a
                                                Captain, U.S. Coast Guard, Captain of the                authority under section 4(a) of the                   designated representative.
                                                Port Sector Ohio Valley.                                 Administrative Procedure Act (APA) (5                   The regulation will be enforced for
                                                [FR Doc. 2018–15775 Filed 7–23–18; 8:45 am]              U.S.C. 553(b)). This provision                        the same area as in past years and for
                                                BILLING CODE 9110–04–P                                   authorizes an agency to issue a rule                  same hours—from 8 a.m. until 8 p.m.
                                                                                                         without prior notice and opportunity to               The only change to the regulation is
                                                                                                         comment when the agency for good                      how it describes the sequence of events.
                                                DEPARTMENT OF HOMELAND                                   cause finds that those procedures are
                                                SECURITY                                                 ‘‘impracticable, unnecessary, or contrary             V. Regulatory Analyses
                                                                                                         to the public interest.’’ Under 5 U.S.C.                We developed this rule after
                                                Coast Guard                                              553(b)(3)(B), the Coast Guard finds that              considering numerous statutes and
                                                                                                         good cause exists for not publishing a                Executive orders related to rulemaking.
                                                33 CFR Part 165                                          notice of proposed rulemaking (NPRM)                  Below we summarize our analyses
                                                [Docket Number USCG–2018–0656]                           with respect to this rule due to                      based on a number of these statutes and
                                                                                                         unanticipated modifications to this                   Executive orders, and we discuss First
                                                RIN 1625–AA00                                            year’s Fleet Week Maritime Festival’s                 Amendment rights of protestors.
                                                Safety Zone; Fleet Week Maritime                         sequence of events imposed by event
                                                                                                         organizers on the Coast Guard. It is                  A. Regulatory Planning and Review
                                                Festival, Pier 66, Elliot Bay, Seattle,                                                                           Executive Orders 12866 and 13563
                                                                                                         impracticable to publish an NPRM for
                                                Washington                                                                                                     direct agencies to assess the costs and
                                                                                                         this temporary rule because the safety
                                                AGENCY:    Coast Guard, DHS.                             zone must be established by July 31,                  benefits of available regulatory
jstallworth on DSKBBY8HB2PROD with RULES




                                                ACTION:   Temporary final rule.                          2018, to protect the public.                          alternatives and, if regulation is
                                                                                                            Under 5 U.S.C. 553(d)(3), the Coast                necessary, to select regulatory
                                                SUMMARY:   The Coast Guard is                            Guard finds that good cause exists for                approaches that maximize net benefits.
                                                temporarily amending the Fleet Week                      making this rule effective less than 30               Executive Order 13771 directs agencies
                                                Maritime Festival safety zone. This                      days after publication in the Federal                 to control regulatory costs through a
                                                year’s Parade of Ships will commence                     Register for the same reasons stated in               budgeting process. This rule has not
                                                with the aerial demonstration followed                   the preceding paragraph.                              been designated a ‘‘significant


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                                                                    Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations                                             34947

                                                regulatory action,’’ under Executive                     Coast Guard will not retaliate against                significant effect on the human
                                                Order 12866. Accordingly, this rule has                  small entities that question or complain              environment. This rule involves
                                                not been reviewed by the Office of                       about this rule or any policy or action               amending a safety zone to specify the
                                                Management and Budget (OMB), and                         of the Coast Guard.                                   sequence of events during this year’s
                                                pursuant to OMB guidance it is exempt                                                                          Fleet Week Maritime Festival. It is
                                                                                                         C. Collection of Information
                                                from the requirements of Executive                                                                             categorically excluded from further
                                                Order 13771.                                               This rule will not call for a new                   review under paragraph L60a of
                                                   This regulatory action determination                  collection of information under the                   Appendix A, Table 1 of DHS Instruction
                                                is based on the size, location, duration,                Paperwork Reduction Act of 1995 (44                   Manual 023–01–001–01, Rev. 01. A
                                                and time-of-day of the safety zone.                      U.S.C. 3501–3520).                                    Record of Environmental Consideration
                                                Vessel traffic will be able to safely                                                                          supporting this determination is
                                                                                                         D. Federalism and Indian Tribal
                                                transit around this safety zone which                                                                          available in the docket where indicated
                                                                                                         Governments
                                                will impact a small designated area of                                                                         under ADDRESSES.
                                                Elliott Bay for 12 hours. Moreover, the                     A rule has implications for federalism
                                                Coast Guard will issue a Broadcast                       under Executive Order 13132,                          G. Protest Activities
                                                Notice to Mariners via VHF–FM marine                     Federalism, if it has a substantial direct              The Coast Guard respects the First
                                                channel 16 about the zone, and the rule                  effect on the States, on the relationship             Amendment rights of protesters.
                                                will allow vessel operators to seek                      between the national government and                   Protesters are asked to contact the
                                                permission to enter the zone.                            the States, or on the distribution of                 person listed in the FOR FURTHER
                                                                                                         power and responsibilities among the                  INFORMATION CONTACT section to
                                                B. Impact on Small Entities                              various levels of government. We have                 coordinate protest activities so that your
                                                   The Regulatory Flexibility Act of                     analyzed this rule under that Order and               message can be received without
                                                1980, 5 U.S.C. 601–612, as amended,                      have determined that it is consistent                 jeopardizing the safety or security of
                                                requires Federal agencies to consider                    with the fundamental federalism                       people, places or vessels.
                                                the potential impact of regulations on                   principles and preemption requirements
                                                small entities during rulemaking. The                    described in Executive Order 13132.                   List of Subjects in 33 CFR Part 165
                                                term ‘‘small entities’’ comprises small                     Also, this rule does not have tribal                 Harbors, Marine safety, Navigation
                                                businesses, not-for-profit organizations                 implications under Executive Order                    (water), Reporting and recordkeeping
                                                that are independently owned and                         13175, Consultation and Coordination                  requirements, Security measures,
                                                operated and are not dominant in their                   with Indian Tribal Governments,                       Waterways.
                                                fields, and governmental jurisdictions                   because it does not have a substantial                  For the reasons discussed in the
                                                with populations of less than 50,000.                    direct effect on one or more Indian                   preamble, the Coast Guard amends 33
                                                The Coast Guard certifies under 5 U.S.C.                 tribes, on the relationship between the               CFR part 165 as follows:
                                                605(b) that this rule will not have a                    Federal Government and Indian tribes,
                                                significant economic impact on a                         or on the distribution of power and                   PART 165—REGULATED NAVIGATION
                                                substantial number of small entities.                    responsibilities between the Federal                  AREAS AND LIMITED ACCESS AREAS
                                                   While some owners or operators of                     Government and Indian tribes. If you
                                                vessels intending to transit the safety                  believe this rule has implications for                ■ 1. The authority citation for part 165
                                                zone may be small entities, for the                      federalism or Indian tribes, please                   continues to read as follows:
                                                reasons stated in section V.A above, this                contact the person listed in the FOR                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                rule will not have a significant                         FURTHER INFORMATION CONTACT section                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                economic impact on any vessel owner                      above.                                                Department of Homeland Security Delegation
                                                or operator.                                                                                                   No. 0170.1.
                                                   Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act
                                                                                                                                                               ■ 2. In § 165.1330, from 8 a.m. until 8
                                                Business Regulatory Enforcement                            The Unfunded Mandates Reform Act                    p.m. on July 31, 2018, temporarily
                                                Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires                 suspend paragraph (b) and temporarily
                                                we want to assist small entities in                      Federal agencies to assess the effects of             add paragraph (e) to read as follows:
                                                understanding this rule. If the rule                     their discretionary regulatory actions. In
                                                would affect your small business,                        particular, the Act addresses actions                 § 165.1330 Safety Zone; Fleet Week
                                                organization, or governmental                            that may result in the expenditure by a               Maritime Festival, Pier 66, Elliott Bay,
                                                jurisdiction and you have questions                      State, local, or tribal government, in the            Seattle, Washington.
                                                concerning its provisions or options for                 aggregate, or by the private sector of                *     *     *     *     *
                                                compliance, please contact the person                    $100,000,000 (adjusted for inflation) or                (e) Regulations. In accordance with
                                                listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                the general regulations in 33 CFR part
                                                CONTACT section.                                         will not result in such an expenditure,               165, subpart C, no vessel operator may
                                                   Small businesses may send comments                    we do discuss the effects of this rule                enter, transit, moor, or anchor within
                                                on the actions of Federal employees                      elsewhere in this preamble.                           this safety zone, except for vessels
                                                who enforce, or otherwise determine                                                                            authorized by the Captain of the Port or
                                                compliance with, Federal regulations to                  F. Environment                                        Designated Representative, thirty
                                                the Small Business and Agriculture                         We have analyzed this rule under                    minutes prior to the beginning, during
                                                Regulatory Enforcement Ombudsman                         Department of Homeland Security                       and thirty minutes following the
                                                and the Regional Small Business                          Directive 023–01 and Commandant                       conclusion of the Parade of Ships. For
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                                                Regulatory Fairness Boards. The                          Instruction M16475.1D, which guide the                the purpose of this rule, the Parade of
                                                Ombudsman evaluates these actions                        Coast Guard in complying with the                     Ships includes both the pass and review
                                                annually and rates each agency’s                         National Environmental Policy Act of                  of the ships near Pier 66 and the aerial
                                                responsiveness to small business. If you                 1969 (42 U.S.C. 4321–4370f), and have                 demonstrations immediately before the
                                                wish to comment on actions by                            determined that this action is one of a               pass and review. The Captain of the Port
                                                employees of the Coast Guard, call 1–                    category of actions that do not                       may be assisted by other federal, state,
                                                888–REG–FAIR (1–888–734–3247). The                       individually or cumulatively have a                   or local agencies as needed.


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                                                34948               Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations

                                                   Dated: July 18, 2018.                                    In accordance with the general                     Mariners may be used to grant general
                                                M.M. Balding,                                            regulations in 33 CFR part 165, subpart               permission to enter all portions of the
                                                Captain, U.S. Coast Guard, Acting Captain                D, no person or vessel may enter or                   regulated areas.
                                                of the Port Puget Sound.                                 remain in the security zones without the                 Dated: July 18, 2018.
                                                [FR Doc. 2018–15752 Filed 7–23–18; 8:45 am]              permission of the Captain of the Port,                M.M. Balding,
                                                BILLING CODE 9110–04–P                                   Puget Sound or her designated
                                                                                                                                                               Captain, U.S. Coast Guard, Acting Captain
                                                                                                         representative. For 2018, the following               of the Port Puget Sound.
                                                                                                         areas are § 165.1333 security zones: All
                                                                                                                                                               [FR Doc. 2018–15759 Filed 7–23–18; 8:45 am]
                                                DEPARTMENT OF HOMELAND                                   navigable waters within 500 yards of
                                                                                                                                                               BILLING CODE 9110–04–P
                                                SECURITY                                                 HMCS YELLOWKNIFE (MM 706),
                                                                                                         HMCS WHITEHORSE (MM 705), and
                                                Coast Guard                                              USCGC MELLON (WHEC 717) while                         DEPARTMENT OF HOMELAND
                                                                                                         each such vessel is in the Sector Puget               SECURITY
                                                33 CFR Part 165                                          Sound COTP Zone.
                                                [Docket No. USCG–2018–0695]                                 The COTP has granted general                       Coast Guard
                                                                                                         permission for vessels to enter the outer
                                                Security Zone; Seattle’s Seafair Fleet                   400 yards of the security zones as long               33 CFR Part 165
                                                Week Moving Vessels, 2018, Puget                         as those vessels within the outer 400
                                                                                                         yards of the security zones operate at                [Docket No. USCG–2018–0703]
                                                Sound, WA
                                                                                                         the minimum speed necessary to
                                                AGENCY:  Coast Guard, DHS.                                                                                     Safety Zone; Fleet Week Maritime
                                                                                                         maintain course unless required to
                                                ACTION: Notice of enforcement of                                                                               Festival, Pier 66, Elliot Bay, Seattle,
                                                                                                         maintain speed by the navigation rules.
                                                regulation.                                                                                                    Washington
                                                                                                         The COTP may be assisted by other
                                                                                                         federal, state or local agencies with the             AGENCY:  Coast Guard, DHS.
                                                SUMMARY:   The Coast Guard will enforce
                                                                                                         enforcement of the security zones.                    ACTION: Notice of enforcement of
                                                Seattle’s Seafair Fleet Week Moving
                                                                                                            All vessel operators who desire to                 regulation.
                                                Vessels security zones from 10 a.m. on
                                                                                                         enter the inner 100 yards of the security
                                                July 31, 2018, through 6 p.m. on August                                                                        SUMMARY:   The Coast Guard will enforce
                                                                                                         zones or transit the outer 400 yards at
                                                6, 2018. These security zones are                                                                              the Fleet Week Maritime Festival’s Pier
                                                                                                         greater than minimum speed necessary
                                                necessary to help ensure the security of                                                                       66 Safety Zone in Elliott Bay, WA on
                                                                                                         to maintain course must obtain
                                                the vessels from sabotage or other                                                                             July 31, 2018. This action is necessary
                                                                                                         permission from the COTP or her
                                                subversive acts during Seafair Fleet                                                                           to promote the safety of personnel,
                                                                                                         designated representative by contacting
                                                Week Parade of Ships. The designated                                                                           vessels and the marine environment on
                                                                                                         the on-scene patrol craft on VHF Ch 13
                                                participating vessels are: HMCS                                                                                navigable waters. During the
                                                                                                         or Ch 16. Requests must include the
                                                YELLOWKNIFE (MM 706), HMCS                                                                                     enforcement period, entry into, transit
                                                                                                         reason why movement within this area
                                                WHITEHORSE (MM 705), and USCGC                                                                                 through, mooring, or anchoring within
                                                                                                         is necessary. Vessel operators granted
                                                MELLON (WHEC 717). During the                                                                                  this safety zone is prohibited unless
                                                                                                         permission to enter the security zones
                                                enforcement period, no person or vessel                                                                        authorized by the Captain of the Port,
                                                                                                         will be escorted by the on-scene patrol
                                                may enter or remain in the security                                                                            Puget Sound, or her designated
                                                                                                         craft until they are outside of the
                                                zones without the permission of the                                                                            representative.
                                                                                                         security zones.
                                                Captain of the Port (COTP), Puget Sound                     This notice of enforcement is issued
                                                or her designated representative. The                                                                          DATES: The regulations in 33 CFR
                                                                                                         under authority of 33 CFR 165.1333 and                165.1330 will be enforced from 8 a.m.
                                                COTP has granted general permission                      5 U.S.C. 552(a). In addition to this
                                                for vessels to enter the outer 400 yards                                                                       until 8 p.m. on July 31, 2018.
                                                                                                         notice of enforcement, the Coast Guard
                                                of the security zones as long as those                                                                         FOR FURTHER INFORMATION CONTACT: If
                                                                                                         will provide the maritime community
                                                vessels within the outer 400 yards of the                                                                      you have questions about this notice of
                                                                                                         with advanced notification of the
                                                security zones operate at the minimum                    security zones via the Local Notice to                enforcement, call or email Petty Officer
                                                speed necessary to maintain course                       Mariners and marine information                       Zachary Spence, Sector Puget Sound
                                                unless required to maintain speed by                     broadcasts on the day of the event. In                Waterways Management Division, U.S.
                                                the navigation rules.                                    the event that there are changes to the               Coast Guard; telephone (206) 217–6051,
                                                DATES: The regulations in 33 CFR                         participating vessels, due to operational             email SectorPugetSoundWWM@
                                                165.1333 will be enforced from 10 a.m.                   requirements, the Coast Guard will                    uscg.mil.
                                                July 31, 2018, through 6 p.m. on August                  provide actual notice for any additional              SUPPLEMENTARY INFORMATION: The Coast
                                                6, 2018, unless cancelled sooner by the                  designated participating vessels not                  Guard will enforce the safety zone for
                                                Captain of the Port Puget Sound or her                   covered in this notice. In addition,                  the Fleet Week Maritime Festival in 33
                                                designated representative.                               members of the public may contact                     CFR 165.1330, as amended by
                                                FOR FURTHER INFORMATION CONTACT: If                      Sector Puget Sound COTP at 206–217–                   Temporary Final Rule (Docket Number
                                                you have questions about this notice of                  6002 for an up-to-date list of designated             USCG–2018–0656), from 8 a.m. until 8
                                                enforcement, call or email Petty Officer                 participating vessels. For a pending                  p.m. on July 31, 2018 to ensure the safe
                                                Zachary Spence, Sector Puget Sound                       amendment to § 165.1333(a) related to                 completion of the Parade of Ships and
                                                Waterways Management Division, Coast                     possible changes in participating vessels             associated aerial demonstrations. For
                                                Guard; telephone 206–217–6051, email                     after the notice of enforcement is                    the purpose of this notice of
jstallworth on DSKBBY8HB2PROD with RULES




                                                SectorPugetSoundWWM@uscg.mil.                            published, see final rule published June              enforcement, the Parade of Ships
                                                SUPPLEMENTARY INFORMATION: The Coast                     28, 2018 (83 FR 30345). That rule will                includes both the pass and review of the
                                                Guard will enforce the security zones                    become effective July 30, 2018. If the                ships near Pier 66 and the aerial
                                                for Seattle’s Seafair Fleet Week Moving                  COTP determines that the security                     demonstrations immediately before the
                                                Vessels in 33 CFR 165.1333 from 10                       zones need not be enforced for the full               pass and review. The Captain of the Port
                                                a.m. on July 31, 2018, through 6 p.m. on                 duration stated in this notice of                     may be assisted by other federal, state,
                                                August 6, 2018.                                          enforcement, a Broadcast Notice to                    or local agencies as needed.


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Document Created: 2018-07-24 00:10:31
Document Modified: 2018-07-24 00:10:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary rule is effective from 8 a.m. until 8 p.m. on July 31, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Zachary Spence, Sector Puget Sound Waterways Management Division, Coast Guard; telephone (206) 217-6051, email [email protected]
FR Citation83 FR 34946 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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