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 

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 

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. 

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 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 

■ 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. 


jstallworth on DSKBBY8HB2PROD with RULES
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 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: 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. 

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 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: 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. 


jstallworth on DSKBBY8HB2PROD with RULES