Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay, Seattle, Washington, 34946-34948 [2018-15752]

Download as PDF 34946 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations effective period from 7:30 a.m. through 7 p.m., excluding Saturdays and Sundays. The COTP may terminate enforcement of this section if the work is finished earlier. (d) Regulations. (1) In accordance with the general regulations in § 165.801 of this part, entry into this area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of Sector Ohio Valley, U.S. Coast Guard. (2) Persons or vessels requiring entry into or passage through the area must request permission from the COTP or a designated representative. U.S. Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1–800–253–7465. (3) A safety vessel will coordinate all vessel traffic during the enforcement of this safety zone. All persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all directions issued by the COTP or the designated representative. (e) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and dates for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as appropriate. Dated: July 18, 2018. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2018–15775 Filed 7–23–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0656] RIN 1625–AA00 jstallworth on DSKBBY8HB2PROD with RULES Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay, Seattle, Washington Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 SUMMARY: VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 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 https:// 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 SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 § 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 E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations jstallworth on DSKBBY8HB2PROD with RULES 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 VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 34947 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 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. 2. In § 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: ■ § 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. E:\FR\FM\24JYR1.SGM 24JYR1 34948 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 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 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2018–0695] Security Zone; Seattle’s Seafair Fleet Week Moving Vessels, 2018, Puget Sound, WA Coast Guard, DHS. ACTION: Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce Seattle’s Seafair Fleet Week Moving Vessels security zones from 10 a.m. on July 31, 2018, through 6 p.m. on August 6, 2018. These security zones are necessary to help ensure the security of the vessels from sabotage or other subversive acts during Seafair Fleet Week Parade of Ships. The designated participating vessels are: HMCS YELLOWKNIFE (MM 706), HMCS WHITEHORSE (MM 705), and USCGC MELLON (WHEC 717). During the enforcement period, no person or vessel may enter or remain in the security zones without the permission of the Captain of the Port (COTP), Puget Sound or her designated representative. The COTP has granted general permission for vessels to enter the outer 400 yards of the security zones as long as those vessels within the outer 400 yards of the security zones operate at the minimum speed necessary to maintain course unless required to maintain speed by the navigation rules. DATES: The regulations in 33 CFR 165.1333 will be enforced from 10 a.m. July 31, 2018, through 6 p.m. on August 6, 2018, unless cancelled sooner by the Captain of the Port Puget Sound or her designated representative. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Petty Officer Zachary Spence, Sector Puget Sound Waterways Management Division, Coast Guard; telephone 206–217–6051, email SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security zones for Seattle’s Seafair Fleet Week Moving Vessels in 33 CFR 165.1333 from 10 a.m. on July 31, 2018, through 6 p.m. on August 6, 2018. jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 In accordance with the general regulations in 33 CFR part 165, subpart D, no person or vessel may enter or remain in the security zones without the permission of the Captain of the Port, Puget Sound or her designated representative. For 2018, the following areas are § 165.1333 security zones: All navigable waters within 500 yards of HMCS YELLOWKNIFE (MM 706), HMCS WHITEHORSE (MM 705), and USCGC MELLON (WHEC 717) while each such vessel is in the Sector Puget Sound COTP Zone. The COTP has granted general permission for vessels to enter the outer 400 yards of the security zones as long as those vessels within the outer 400 yards of the security zones operate at the minimum speed necessary to maintain course unless required to maintain speed by the navigation rules. The COTP may be assisted by other federal, state or local agencies with the enforcement of the security zones. All vessel operators who desire to enter the inner 100 yards of the security zones or transit the outer 400 yards at greater than minimum speed necessary to maintain course must obtain permission from the COTP or her designated representative by contacting the on-scene patrol craft on VHF Ch 13 or Ch 16. Requests must include the reason why movement within this area is necessary. Vessel operators granted permission to enter the security zones will be escorted by the on-scene patrol craft until they are outside of the security zones. This notice of enforcement is issued under authority of 33 CFR 165.1333 and 5 U.S.C. 552(a). In addition to this notice of enforcement, the Coast Guard will provide the maritime community with advanced notification of the security zones via the Local Notice to Mariners and marine information broadcasts on the day of the event. In the event that there are changes to the participating vessels, due to operational requirements, the Coast Guard will provide actual notice for any additional designated participating vessels not covered in this notice. In addition, members of the public may contact Sector Puget Sound COTP at 206–217– 6002 for an up-to-date list of designated participating vessels. For a pending amendment to § 165.1333(a) related to possible changes in participating vessels after the notice of enforcement is published, see final rule published June 28, 2018 (83 FR 30345). That rule will become effective July 30, 2018. If the COTP determines that the security zones need not be enforced for the full duration stated in this notice of enforcement, a Broadcast Notice to PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Mariners may be used to grant general permission to enter all portions of the regulated areas. Dated: July 18, 2018. M.M. Balding, Captain, U.S. Coast Guard, Acting Captain of the Port Puget Sound. [FR Doc. 2018–15759 Filed 7–23–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2018–0703] Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay, Seattle, Washington Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the Fleet Week Maritime Festival’s Pier 66 Safety Zone in Elliott Bay, WA on July 31, 2018. This action is necessary to promote the safety of personnel, vessels and the marine environment on navigable waters. During the enforcement period, entry into, transit through, mooring, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Puget Sound, or her designated representative. DATES: The regulations in 33 CFR 165.1330 will be enforced from 8 a.m. until 8 p.m. on July 31, 2018. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Petty Officer Zachary Spence, Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone (206) 217–6051, email SectorPugetSoundWWM@ uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for the Fleet Week Maritime Festival in 33 CFR 165.1330, as amended by Temporary Final Rule (Docket Number USCG–2018–0656), from 8 a.m. until 8 p.m. on July 31, 2018 to ensure the safe completion of the Parade of Ships and associated aerial demonstrations. For the purpose of this notice of enforcement, 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. SUMMARY: E:\FR\FM\24JYR1.SGM 24JYR1

Agencies

[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Rules and Regulations]
[Pages 34946-34948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15752]


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

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 https://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

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