[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59083-59085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23653]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0822]
RIN 1625-AA00
Safety Zone; Coast Guard Exercise, Hood Canal, Washington
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 Coast Guard Ready for Operations exercise in Hood
Canal, WA that will take place between Oct 16, 2012 and Oct 18, 2012. A
safety zone is necessary to ensure the safety of the maritime public
during the exercise and 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 (COTP) or his Designated Representative.
DATES: This rule is effective from 4:00 a.m. Oct 16, 2012 until 11:59
p.m. on Oct 18, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0822. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email ENS Nathaniel P. Clinger; Waterways Management Division,
Coast Guard Sector Puget Sound; Coast Guard; telephone 206-217-6045,
email [email protected]. 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 impracticable, since the
event requiring the establishment of this safety zone would be over
before a comment period would end. The vessels involved in the Coast
Guard Ready for Operations exercise 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 impracticable to publish an NPRM before
the date of the event.
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 reasons described above,
publication of an NPRM would be impracticable. The vessels involved in
this Coast Guard exercise have an important and urgent need to perform
this training in order to be ready to protect U.S. persons, assets, and
waters; and it is not possible to publish an NPRM before the date of
the event.
B. Basis and Purpose
The Coast Guard will be conducting a Ready for Operations (RFO)
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 Foul Weather Bluff. This exercise will include
fast moving surface vessels, smoke machines, and pyrotechnics. Blank
ammunition, flares and LA51 warning munitions will be used during the
exercise. A safety zone is necessary 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.
C. Discussion of the Rule
The temporary safety zone established by this rule will prohibit
any person or vessel from entering or remaining
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within 500 yards of any vessel involved in the Coast Guard Ready for
Operations exercise. Members of the maritime public will be able to
identify participating vessels as those flying the Coast Guard Ensign.
The COTP may also be assisted in the enforcement of the zone by other
federal, state, or local agencies.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard bases
this finding on the fact that the safety zone will be in place for a
limited period of time and vessel traffic will be able to transit
through the zone from the COTP, Puget Sound or his Designated
Representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. 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 through the zone from the COTP, Puget
Sound or his Designated Representative.
3. 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 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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. Taking of Private Property
This rule will 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.
9. 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.
10. 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.
11. 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 responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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
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Environmental Policy Act of 1969 (NEPA) (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 the establishment of a safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from 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
0
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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T13-228 to read as follows:
Sec. 165.T13-228 Safety Zone; Coast Guard Exercise, Hood Canal,
Washington.
(a) Location. The following area is a safety zone: All waters
encompassed within 500 yards of any vessel that is involved in the
Coast Guard Ready for Operations 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 and can be
identified as those flying the Coast Guard Ensign.
(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 will be enforced on 4:00 a.m. Oct
16, 2012 until 11:59 p.m. on Oct. 18, 2012 unless canceled sooner by
the Captain of the Port.
Dated: September 12, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-23653 Filed 9-25-12; 8:45 am]
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