42026 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0331] 

RIN 1625–AA00 

Security and Safety Zone; Cruise Ship 

Protection, Elliott Bay and Pier-91, 

Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a security and safety zone 

in the waters of Elliot Bay. Due to the 

physical location of Pier 91, Large 

Passenger Cruise Vessels are required to 

maneuver near a prominent marina 

frequented by a large recreational vessel 

community and near other numerous 

large commercial fishing vessels located 

at adjacent piers, posing a high safety 

and security risk when Large Passenger 

Cruise Vessels are entering and 

departing the cruise terminal. Due to the 

inherent safety and security risks 

associated with the movement of a 

cruise ship into or out of this especially 

tight berth at Pier 91, coupled with the 

large recreational boating community 

and commercial traffic in the area, the 

Coast Guard Captain of the Port Puget 

Sound finds it necessary to enact these 

safety and security zones. 

DATES: This interim rule is effective 

starting August 20, 2009. Comments and 

related material must reach the Coast 

Guard on or before October 5, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0331 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 interim rule, 

call or e-mail LT Steven Stowers, Sector 

Seattle, Waterways Management 

Division, Coast Guard; telephone 

206–217–6045, e-mail 

Steven.D.Stowers@uscg.mil. 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–2009–0331), 

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 deliver, 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–2009–0331’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 8c 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 change 

this 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–2009– 

0331’’ 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 on or before October 5, 2009 

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. 

Regulatory Information 

The Coast Guard is issuing this 

interim 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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the rule 

would not be in effect in time for the 

upcoming cruise ship season, posing 

high safety and security risks to Large 


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Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Rules and Regulations 42027 

Passenger Cruise Vessels, causing safety 

and security vulnerabilities while 

moored and also when maneuvering 

into and out of the cruise terminal. 

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. The absence of safety and 

security zones for this area allows for 

vessels to congregate in the path of 

transiting Large Passenger Cruise 

Vessels, there in, restricting the 

maneuverability of such large vessels 

and posing a significant safety risk. 

Additionally, without the establishment 

of these zones, vessels would be able to 

transit in close proximity to moored 

Large Passenger Cruise Vessels thereby 

posing a security threat to those vessels. 

Background and Purpose 

The Coast Guard is establishing these 

safety and security zones to ensure 

adequate measures are in place for the 

safety and security of Large Passenger 

Cruise Vessels. The Coast Guard 

conducted a safety and security risk 

assessment of the Cruise Terminal at 

Pier 91 (at 47°37.58′ N/122°23.0′ W), 

Seattle, Washington, and the 

surrounding waterways. As a result of 

this assessment, the Coast Guard 

Captain of the Port Puget Sound found 

sufficient cause to require these safety 

and security zones to protect Large 

Passenger Cruise Vessels as well as the 

boating public. These zones are 

necessary to ensure the safety and 

security of not only moored Large 

Passenger Cruise Vessels, but also for 

Large Passenger Cruise Vessels that are 

in transit while entering or departing 

the Pier 91 cruise terminal at the Port of 

Seattle. Due to the physical location of 

Pier 91, Large Passenger Cruise Vessels 

are required to maneuver near a 

prominent marina and other numerous 

large fishing vessels located at adjacent 

piers when entering and departing the 

cruise terminal. These zones will be 

enforced during the arrival and 

departure of Large Passenger Cruise 

Vessels and during the presence of 

moored Large Passenger Cruise Vessels 

at Pier 91, Seattle, Washington. 

Regulatory Analyses 

We developed this interim 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 rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. This rule will be enforced to 

enhance the Security and Safety Zone 

for the protection of large passenger 

vessels under 33 CFR 165.1317. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, 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. 

The 100 yard security and safety zone 

around Pier 91 when Large Passenger 

Cruise Vessels are present, allows a 

large enough area for pleasure craft to 

transit the area unhindered. 

Additionally, the security and safety 

zone that is in place during the arrival 

and departure of Large Passenger Cruise 

Vessels in and out of Pier 91 is short in 

duration, such that, it should not 

adversely affect other vessel traffic in 

the area. 

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 offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

Collection of Information 

This rule calls 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 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 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 


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42028 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Rules and Regulations 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 0023.1 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 concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. An 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for this rule. 

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. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. A new § 165.1324 is added to read 

as follows: 

§ 165.1324 Safety and Security Zone; 

Cruise Ship Protection, Elliott Bay and Pier91, Seattle, Washington. 

(a) Safety and Security Zones. (1) The 

following area is a safety and security 

zone: All waters within the following 

points: a rectangle, starting at 47°37′53′′ 

N/122°23′07′′ W, thence south to 

position 47°37′06′′ N/122°23′07′′ W, 

thence east to position 47°37′06′′ N/ 

122°22′43′′ W, thence north to position 

47°37′58′′ N/122°22′43′′ W. This zone 

will be enforced only during the arrival 

or departure of Large Passenger Cruise 

Vessels at Pier 91, Seattle, Washington. 

(2) The following area is a safety and 

security zone: All waters within 100 

yards of Pier 91, Seattle, Washington, at 

approximate position 47°37′35′′ N/ 

122°23′00′′ W. This zone will be 

enforced only when a Large Passenger 

Cruise Vessel is moored at Pier 91. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart D, no person or vessel may 

enter or remain in either Safety and 

Security Zone except for vessels 

authorized by the Captain of the Port or 

Designated Representatives. 

(c) Definitions. The following 

definitions apply to this section: 

Facility Security Officer means the 

person designated as responsible for the 

development, implementation, revision 

and maintenance of the facility security 

plan and for liaison with the COTP and 

Company and Vessel Security Officers. 

Large Passenger Cruise Vessel means 

any cruise ship over 100 feet in length 

carrying passengers for hire. Large 

Passenger Cruise Vessel does not 

include vessels inspected and 

certificated under 46 CFR, Chapter I, 

Subchapter T such as excursion vessels, 

sight seeing vessels, dinner cruise 

vessels, and whale watching vessels. 

Official Patrol means those persons 

designated by the Captain of the Port to 

monitor a Large Passenger Cruise Vessel 

security and safety zone, permit entry 

into the zone, give legally enforceable 

orders to persons or vessels within the 

zone and take other actions authorized 

by the Captain of the Port. Persons 

authorized in paragraph (e) to enforce 

this section are designated as the 

Official Patrol. 

(d) Authorization. To request 

authorization to operate within 100 

yards of a Large Passenger Cruise Vessel 

that is moored at Pier 91, contact the onscene Official Patrol on VHF–FM 

channel 16 or 13 or the Facility Security 

Officer at (206) 728–3688. 

(e) Enforcement. Any Coast Guard 

commissioned, warrant or petty officer 

may enforce the rules in this section. In 

the navigable waters of the United 

States to which this section applies, 

when immediate action is required and 

representatives of the Coast Guard are 

not present or not present in sufficient 

force to provide effective enforcement of 

this section in the vicinity of a Large 

Passenger Cruise Vessel, any Federal or 

Washington Law Enforcement Officer 

may enforce the rules contained in this 

section pursuant to 33 CFR 6.04–11. In 

addition, the Captain of the Port may be 

assisted by other Federal, state or local 

agencies in enforcing this section. 

(f) Waiver. The Captain of the Port 

Puget Sound may waive any of the 

requirements of this section for any 

vessel or class of vessels upon finding 

that a vessel or class of vessels, 

operational conditions or other 

circumstances are such that application 

of this section is unnecessary or 

impractical for the purpose of port 

security, safety or environmental safety. 

Dated: April 24, 2009. 

Suzanne E. Englebert, 

Captain, U.S. Coast Guard Captain of the 

Port, Puget Sound. 

[FR Doc. E9–19958 Filed 8–19–09; 8:45 am] 

BILLING CODE 4910–15–P 

PRESIDIO TRUST 

36 CFR Part 1012 

RIN 3212–AA–04 

Legal Process: Testimony by 

Employees and Production of Records 

AGENCY: Presidio Trust. 

ACTION: Final rule. 

SUMMARY: The Presidio Trust is 

publishing as a final rule a regulation, 


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