[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70649-70651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29408]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1017]
RIN 1625-AA00
Safety Zone; Department of Defense Exercise, Hood Canal, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
vessels involved in a Department of Defense exercise in Hood Canal, WA
that will take place on November 21, 2011. A safety zone is necessary
to ensure the safety of the maritime public during the exercise. The
zone will do so by prohibiting any person or vessel from entering or
remaining in the safety zone unless authorized by the Captain of the
Port.
DATES: This rule is effective from 6 a.m. until 11:59 p.m. on November
21, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1017 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1017 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Ian S. Hanna, Waterways
Management Division, Coast Guard Sector Puget Sound; Coast Guard;
telephone (206) 217-6045, email [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 it would be contrary to the public
interest, since the event requiring the establishment of this safety
zone would be over before a comment period would end. These Department
of Defense (DOD) vessels have an important and urgent need to perform
this training in order to be ready to protect U.S. persons, assets, and
waters; it would be contrary to the public interest to delay the
exercise to allow for a comment period. Further, publishing an NPRM is
unnecessary as the safety zone is neither burdensome, nor
controversial. The safety zone created is short in duration, and
vessels can transit around it, or through it with permission of the
Captain of the Port (COTP).
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. Good cause exists because the
event would be over before the final rule could be published. These DOD
vessels have an important and urgent need to perform this training in
order to be ready to protect U.S. persons, assets,
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and waters; it would be contrary to the public interest to delay this
important exercise to allow for a delayed effective date.
Background and Purpose
The DOD will be conducting a training exercise in the northern part
of Hood Canal, WA. During the exercise, tactical vessels will be
maneuvering through the Hood Canal from the entrance of Dabob Bay to
Foulweather Bluff. This exercise will include fast moving surface
vessels, smoke machines, and pyrotechnics. This safety zone is being
created to ensure the safety of the maritime public and vessels
participating in the exercise by preventing collisions between
exercising vessels and the maritime public, and by keeping the maritime
public a safe distance away from potentially startling or disorienting
smoke, bright flashes, and loud noises.
Discussion of Rule
The temporary safety zone established by this rule will prohibit
any person or vessel from entering or remaining within 1000 yards of
any vessel involved in the DOD exercise while such vessel is transiting
Hood Canal, WA between Foul Weather Bluff and the entrance to Dabob
Bay. Members of the maritime public will be able to identify
participating vessels by their gray color and orange Coast Guard stripe
on the hull. The COTP may be also assisted in the enforcement of the
zones by other federal, state, or local agencies.
Regulatory Analyses
We developed this 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order or under section
1 of Executive Order 13563. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard bases this finding on the fact that the safety
zones will be in place for a limited period of time and vessel traffic
will be able to transit around the safety zones. Maritime traffic may
also request permission to transit through the zones from the COTP,
Puget Sound or Designated Representative.
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. This rule will affect the following entities, some of which
may be small entities; the owners and operators of vessels intending to
operate in the waters covered by the safety zone while it is in effect.
The rule will not have a significant economic impact on a substantial
number of small entities because the safety zone will be in place for a
limited period of time and maritime traffic will still be able to
transit around the safety zone. Maritime traffic may also request
permission to transit though the zones from the COTP, Puget Sound or
Designated Representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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 (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.
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 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
[[Page 70651]]
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, as supplemented by
Executive Order 13563, Improving Regulation and Regulatory Review, 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 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 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. This rule involves the establishment of a
safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
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; 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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T13-200 to read as follows:
Sec. 165.T13-200 Safety Zone; Department of Defense Exercise, Hood
Canal, Washington.
(a) Location. The following area is a safety zone: All waters
encompassed within 1000 yards of any vessel that is involved in the
Department of Defense exercise while such vessel is transiting Hood
Canal, WA between Foul Weather Bluff and the entrance to Dabob Bay.
Vessels involved will be various sizes, including 25, 33, and 64 feet
in length and can be identified as being gray in color with an orange
United States Coast Guard stripe on the vessels' hull.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person may enter or remain in the safety
zone created in this rule unless authorized by the Captain of the Port
or his Designated Representative. See 33 CFR part 165, subpart C, for
additional information and requirements. Vessel operators wishing to
enter the zone during the enforcement period must request permission
for entry by contacting the on-scene patrol commander on VHF channel 13
or 16, or the Sector Puget Sound Joint Harbor Operations Center at
(206) 217-6001.
(c) Enforcement Period. This rule is effective on November 21, 2011
from 6 a.m. to 11:59 p.m., unless canceled sooner by the Captain of the
Port.
Dated: October 27, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-29408 Filed 11-14-11; 8:45 am]
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