[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Proposed Rules]
[Pages 71638-71642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29422]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0062]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulation establishing 
a permanent safety zone extending 100 yards from Pier 66, Elliot Bay, 
WA to ensure adequate safety during the parade of ships and aerial 
demonstration for Fleet Week. This supplemental notice of proposed 
rulemaking introduces revisions to enforcement dates, times and 
location of this safety zone. This safety zone is necessary in order to 
restrict vessel movement for participant and spectator safety in the 
proximity of Pier 66, Elliot Bay, WA to provide unencumbered access for 
response craft in the event of an emergency during the annual parade of 
ships and aerial demonstration.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 27, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0062 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail LTJG Ashley M. Wanzer, Sector Puget Sound 
Waterways Management Division, Coast Guard; telephone 206-217-6175, e-
mail <a href="/cdn-cgi/l/email-protection#f5a69096819a87a6909481819990a2a2b8b580869692db989c99"><span class="__cf_email__" data-cfemail="81d2e4e2f5eef3d2e4e0f5f5ede4d6d6ccc1f4f2e2e6afece8ed">[email protected]</span></a>. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0062), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0062'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\; by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may

[[Page 71639]]

change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0062'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    On February 25, 2010 we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Fleet Week Maritime Festival, Pier 66, 
Elliot Bay, Seattle, WA'' (Docket number USCG-2010-0062) in the Federal 
Register (75 FR 037). This supplemental notice of proposed rulemaking 
provides simplification of the enforcement dates, times and location 
for this safety zone. Through this regulation, the U.S. Coast Guard is 
proposing to establish a permanent safety zone extending 100 yards from 
Pier 66, Elliot Bay, WA to restrict the movement of vessels for 
participant and spectator safety prior to, during, and immediately 
after the annual parade of ships and aerial demonstration thereby 
providing unencumbered access for response craft in the event of an 
emergency during this event.
    The Fleet Week Parade of Ships has historically resulted in vessel 
congestion near Pier 66, Elliot Bay, WA which adversely compromises 
participant and spectator safety. This safety zone is necessary to 
direct the movement of vessels in the vicinity of Pier 66 establishing 
unobstructed traffic lanes for response craft and ensuring participant, 
spectator and maritime safety. The Captain of the Port, Puget Sound may 
be assisted by other federal and local agencies in the enforcement of 
this safety zone.

Discussion of Comments and Changes

    Seventeen comments stated that this regulation hinders free speech. 
This regulation establishes a safety zone to ensure safety of the 
boating public during Naval and aerial spectator events associated with 
the annual Fleet Week parade of ships. The Coast Guard has narrowed the 
timeframe that the zone is enforced to include thirty minutes prior to 
and thirty minutes following the parade of ships and aerial 
demonstration. The minimal size of this safety zone will enable 
displays of free speech in visibly accessible areas to take place on 
adjacent waters and along the pier.
    Three comments stated that this regulation does not allow for 
public comment and one comment requested the public comment be made 
available and posted. The Coast Guard has taken appropriate action in 
accordance with the Administrative Procedure Act (APA) to request 
public comment and publicize this regulation through all required 
avenues including the Federal Register and http://www.regulations.gov. 
Additionally, public comment is provided for in four methods: The 
Federal eRulemaking Portal, fax, mail and hand delivery as described in 
the Notice of Proposed Rulemaking (75 FR 037). These methods of comment 
have properly provided ample opportunity to comment on this regulation 
and the Coast Guard has received 72 comments on this rulemaking via 
these means.
    Ten requests for a public meeting were received. The Coast Guard 
does not plan to hold a public meeting at this time. The Coast Guard 
has determined the extended comment period for the notice of proposed 
rulemaking combined with numerous means available for public comment 
provide adequate and sufficient time for the public to express their 
concerns. Additional opportunity for public comment is made available 
on this supplemental notice of proposed rulemaking.
    The Coast Guard received one comment stating that expansion of the 
safety zone is not warranted. This safety zone is not being expanded 
based on previous versions, but will merely be permanently established 
under 33 CFR part 165.
    Three comments stated the rulemaking process violates numerous 
regulations. The Coast Guard has complied with the Administrative 
Procedure Act in drafting and informing the public of this regulation.
    Five comments were received stating that this zone is unnecessary 
because there is a minimal risk of congestion at Pier 66. This event 
has historically resulted in vessel congestion near Pier 66 before and 
after the fleet arrival which compromises participant and spectator 
safety. This regulation is necessary to ensure the safety of 
participating vessels by providing unobstructed lanes for the passing 
of large ships during the fleet arrival and unobstructed access for 
response craft in the event of an emergency.
    Three comments stated that this event takes place without a marine 
event permit as required by 33 CFR part 100. The purpose and intent of 
33 CFR part 100 is to provide effective control over marine events to 
insure safety of life during the marine event. The Coast Guard is 
involved in the planning and participation of this event thereby 
upholding the intent of 33 CFR part 100.
    One comment stated this regulation was in violation of Executive 
Order 12866, Regulatory Planning and Review, section 1(b)(10), which 
states, ``Each agency shall avoid regulations and guidance documents 
that are inconsistent, incompatible, or duplicative with its other 
regulations and guidance documents or those of other Federal 
agencies.'' The Coast Guard is not violating this Executive order by 
not requiring a marine event permit because the purpose and intent of 
33 CFR part 100 ``is to provide effective control, over regattas and 
marine parades * * * to ensure safety of life in the regatta or marine 
parade area'', which we are accomplishing through active participation 
in planning of the event and this rulemaking.
    Two comments stated concern regarding the Coast Guard enforcing its 
own rules. In accordance with 33 CFR part 165, the Coast Guard is the 
agency through which limited access areas, including safety and 
security zones, are established. The establishment of such areas is 
considered rulemaking, which means that each regulation that 
establishes a limited access area must

[[Page 71640]]

first go through the rulemaking process and a multi-level review. In 
this case, the rulemaking process has provided for public participation 
during two separate public comment periods. Additionally, this 
regulation must be reviewed by Congress under the Congressional Review 
Act. Though the Coast Guard is an enforcer of the rule, it does not act 
alone in the rulemaking process.
    Two comments stated the helicopter demonstration should be included 
in this regulation. The regulation has been amended to include the 
helicopter display in the definition of ``parade of ships.'' One of 
these comments further stated that the 2009 helicopter demonstration 
does not comply with Coast Guard policy outlined in COMDINST M5728.2D. 
COMDINST M5728.2D is the Coast Guard Public Affairs Manual intended to 
provide non-specific guidelines for public request of Coast Guard 
assets during events. COMDINST M5728.2D addresses aerial displays 
stating that (a) Coast Guard aircraft may participate in appropriate 
public events; (d) Aerial demonstrations must be over open water or 
suitable open areas of land, where spectators will be safe. The 
functional capabilities of the Coast Guard helicopter fleet does not 
preclude involvement in this marine event based on the proximity to 
Pier 66 as presented by this comment. This safety zone provides a 
necessary measure of safety by preventing spectator watercraft from 
interfering or compromising the safety of the rescue swimmer entering 
the water during the aerial demonstration.
    The Coast Guard received three comments stating that the zone is 
not adequately described. The Coast Guard has amended this proposed 
regulation in this supplemental notice of proposed rulemaking by 
modifying the effective period for the zone to 30 minutes prior to and 
30 after the conclusion of the parade of ships. In addition, we have 
specified the effective day by stating that it typically occurs on 
either the last Wednesday in July or the first Wednesday in August. 
Lastly, we have provided greater granularity for the geographic 
coordinates of the safety zone itself.
    Four comments stated that this safety zone is unnecessary due to 
the Naval Vessel Protection Zone (NVPZ). The NVPZ regulation only 
applies to U.S. naval vessels greater than 100 feet in length overall. 
The annual Fleet Week parade of ships involves visiting foreign naval 
vessels and/or Coast Guard vessels which are not protected by the NVPZ. 
Lastly, the NVPZ does not apply to the aerial demonstration during the 
parade of ships.
    One comment stated that this safety zone is unnecessary for 
emergency response. This safety zone is necessary to provide an 
unobstructed traffic lane for response craft during the event. Without 
this safety zone, response craft would need to maneuver around 
spectator vessels and in the event of an emergency, these vessels would 
become hazardous to the response effort.
    One comment stated concern for the overall safety of Fleet Week 
activities based on participation of a U.S. Navy Trident nuclear-
powered submarine in 1997 and 2000. This regulation will restrict 
vessel movement 100 yards from Pier 66, prior to, during and 
immediately following the parade of ships and aerial demonstration to 
provide navigational safety for this marine event. This regulation will 
extend 100 yards from Pier 66 annually regardless of the type of 
participating vessels in the parade of ships.
    One comment stated that the Coast Guard ``opts for secrecy'' and 
mentions that the opportunity to comment was not posted in the Local 
Notice to Mariners or on the District Thirteen Webpage. This regulation 
was published in accordance with the Administrative Procedure Act (APA) 
in the Federal Register with a comment period of 90 days in order to 
allow ample opportunity for public participation in this rulemaking. An 
opportunity to provide public comments provided in the notice of 
proposed rulemaking (75 FR 037) was made available via four methods as 
stated above. Posting regulations in the Local Notice to Mariners or on 
the District thirteen Web page is not required per the APA.
    One comment stated the violation penalty should be mentioned in 
this regulation. This proposed regulation would be a component of 33 
CFR part 165 which provides general and specific information for 
Regulated Navigation Areas and Limited Access Areas. Under 33 CFR part 
165, Subpart A--General, 165.9(b) states, ``These zones and areas are 
created under the Ports and Waterways Safety Act, 33 U.S.C. 1221-
1232.'' 33 U.S.C. 1232 provides enforcement provisions for civil and 
criminal penalties for violation of the Ports and Waterways Safety Act.
    One comment supported the adoption of less restrictive regulations 
concerning water-borne peaceful protests referencing Bay Area Peace 
Navy v. United States. This safety zone is minimal in size and short in 
duration, thus accommodating all waterway users.
    One comment stated this regulation amounts to institutionalized 
harassment. 33 CFR part 165 authorizes the establishment of safety 
zones by the Captain of the Port for safety and environmental purposes.
    One comment stated the Coast Guard never explained how vessels in 
Elliot Bay could endanger Navy Officers when the Coast Guard invites 
the public to both locations. This regulation does not establish 
security measures, but establishes a safety zone to provide increased 
safety for the maritime public during this annual event.
    One comment stated this regulation does not provide alternative 
channels for water-borne protestors to convey their message. Due to the 
small size of the proposed safety zone and short enforcement period, 
the Coast Guard believes that there is minimal impact on water-borne 
protestors and other marine activities that can take place outside the 
safety zone.
    Two comments stated that the ``12-hour effective period'' would 
prohibit protestors from exercising their right to protest the parade 
to spectators assembled on the pier. The ``effective time'' of a 
regulation includes times of enforcement and non-enforcement. 
``Enforcement times'' of a regulation are the times in which the 
regulatory action will be enforced, when violators will be subject to 
corrective direction and/or fines.
    One comment stated this proposed rule would burden substantially 
more speech than is necessary to further the government's legitimate 
interests. The Coast Guard believes that this proposed safety zone is 
small enough in size and short enough in duration that it will not 
substantially hinder protest activities for water-borne protest boats 
and others may congregate in the vicinity of Pier 66 while spectators 
are assembling and dispersing from this marine event when this safety 
zone is not enforced.
    One comment stated this regulation fails to provide alternative 
means for the protest boats to communicate their message. Revisions to 
this regulation provide additional access to water-borne protest 
activities by only restricting vessel movement 100 yards from Pier 66 
immediately prior to, during and immediately following the parade of 
ships and aerial display. Also, during times of enforcement, water-
borne protestors may congregate on the waters immediately adjacent to 
this zone.
    The Coast Guard received five comments related to the need for 
protestors to have access to communicate their message to spectators on 
the pier. Revisions to this regulation provide access for water-borne 
protest activities, enabling protestors to communicate their message 
utilizing a water-borne display.

[[Page 71641]]

Discussion of Proposed Rule

    This proposed regulation establishes vessel restrictions necessary 
to provide safety for the maritime public during the parade of ships 
and aerial display. This proposed rule will control the movement of all 
vessels and persons within the indicated regulated area surrounding 
Pier 66, Elliot Bay, WA prior to, during and immediately after this 
marine event. This zone would be delineated by the presence of on-scene 
patrol craft and enforced immediately prior to, during and immediately 
after the scheduled annual parade of ships and aerial demonstration for 
Fleet Week events. This proposed safety zone will also provide 
unencumbered access for rescue craft in the event of an emergency.
    This regulation has been revised as follows: The Coast Guard has 
narrowed the timeframe that the zone is enforced to include ``thirty 
minutes prior to the beginning and thirty minutes following the 
conclusion of the parade of ships and aerial demonstration.'' The 
effective time for this regulation has been changed to: ``This rule is 
effective annually during the parade of ships which typically occurs on 
a Wednesday during the last week of July or the first week in August 
from 8 a.m. until 8 p.m.'' The location of this safety zone has been 
changed to ``All waters extending 100 yards from Pier 66, Elliot Bay, 
WA within a box encompassed by the points, 47[deg] 36.719' N & 122[deg] 
21.099' W, 47[deg] 36.682' N & 122[deg] 21.149' W, 47[deg] 36.514' N & 
122[deg] 20.865' W, and 47[deg] 36.552' N & 122[deg] 20.814' W.''
    The Coast Guard will provide notice to the public for enforcement 
of this zone through the Local Notice to Mariners and marine 
information broadcast on VHF-FM Ch. 16 on the day of the event.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. This proposed rule is not 
a significant regulatory action because the period of enforcement and 
size of this safety zone is minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit the safety zone during times 
of annual enforcement. This safety zone will not have a significant 
impact on a substantial number of small entities for the following 
reasons. This safety zone would be activated and thus subject to 
enforcement for a short duration and is minimal in size.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 LTJG Ashley M. Wanzer. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply,

[[Page 71642]]

Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves a safety zone extending 100 yards from Pier 66, Elliot Bay, 
which will be activated and thus subject to enforcement, 30 minutes 
prior to and 30 minutes following scheduled annual parade of ships 
events. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule. A preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701; 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.1330 to read as follows:


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

    (a) Location. The following area is a safety zone: All waters 
extending 100 yards from Pier 66, Elliot Bay, WA within a box 
encompassed by the points, 47[deg] 36.719' N & 122[deg] 21.099' W, 
47[deg] 36.682' N & 122[deg] 21.149' W, 47[deg] 36.514' N & 122[deg] 
20.865' W, and 47[deg] 36.552' N & 122[deg] 20.814' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no vessel operator may enter, transit, moor, 
or anchor within this safety zone, except for vessels authorized by the 
Captain of the Port or 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 following the pass and review. The 
Captain of the Port may be assisted by other federal, state, or local 
agencies as needed.
    (c) Authorization. In order to transit through this safety zone, 
authorization must be granted by the Captain of the Port Puget Sound or 
Designated Representative. All vessel operators desiring entry into 
this safety zone shall gain authorization by contacting either the on-
scene U.S. Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast 
Guard Sector Puget Sound Joint Harbor Operations Center (JHOC) via 
telephone at (206) 217-6452. Requests shall indicate the reason why 
movement within the safety zone is necessary and the vessel's arrival 
and/or departure facility name, pier and/or berth. Vessel operators 
granted permission to enter this safety zone will be escorted by the 
on-scene patrol until no longer within the safety zone.
    (d) Enforcement Period. This rule is effective annually during the 
parade of ships which typically occurs on a Wednesday during the last 
week of July or the first week in August from 8 a.m. until 8 p.m. 
unless cancelled sooner by the Captain of the Port.

    Dated: October 26, 2010.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-29422 Filed 11-23-10; 8:45 am]
BILLING CODE 9110-04-P


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