[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Rules and Regulations]
[Page 58608-58610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc05-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-037]
RIN 1625-AA00
Safety Zone Regulations, Downed Aircraft, Browns Bay, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Puget Sound around the body and debris of a helicopter. The
Coast Guard is establishing this zone to ensure unencumbered access for
rescuers and investigators, and protect the public from numerous
dangers associated with recovery of this submerged aircraft. Entry into
this zone is prohibited unless authorized by the Captain of the Port,
Puget Sound or his designated representatives.
DATES: This rule is effective from 4 p.m. (PDT) October 3, 2005 until 8
a.m. (PDT) October 17, 2005 unless sooner cancelled by the Captain of
the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-05-037 and are available for
inspection or copying at the Waterways Management Division, Coast Guard
Sector Seattle, 1519 Alaskan Way South, Seattle, WA, 98134, between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Jes Hagen, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134,
(206) 217-6040.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and persons that transit in the vicinity of the submerged
helicopter in Browns Bay, WA. If normal notice and comment procedures
were followed, this rule would not become effective until after the
date of the event.
[[Page 58609]]
Background and Purpose
The Coast Guard is establishing a temporary safety zone to allow
for the safe recovery of a downed helicopter submerged in the waters of
Puget Sound. The Coast Guard is establishing this zone to ensure
unencumbered access for rescuers and investigators, and protect the
public from numerous dangers associated with recovery of this submerged
aircraft. The safety zone is needed to protect watercraft and their
occupants from safety hazards associated with the recovery efforts.
Discussion of Rule
This rule, for safety concerns, will control vessels, personnel and
individual movements in a safety zone surrounding the recovery
operations indicated in section 2 of this Temporary Final Rule. The
safety zone includes all waters with a radius of 1 nautical mile from
the point at 47 degrees, 51.0 minutes North, 122 degrees, 21.0 minutes
West [datum: NAD 1983], approximately three nautical miles northeast of
Edwards Point, Edmonds, WA, where a submerged helicopter, tail number
A-109, is located. The safety zone does not extend on land.
The Coast Guard, through this action, intends to promote the safety
of personnel, vessels, and facilities in the area. Entry into this zone
will be prohibited unless authorized by the Captain of the Port. This
safety zone will be enforced by Coast Guard personnel. The Captain of
the Port may be assisted by other Federal, State, or local agencies.
Regulatory Evaluation
This temporary rule is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866 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. It is not significant under the regulatory policies
and procedures of the Department of Homeland Security (DHS).
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DHS is unnecessary. This
expectation is based on the fact that the regulated area established by
the regulation would encompass a small area that should not
significantly impact commercial or recreational traffic. For the above
reasons, the Coast Guard does not anticipate any significant economic
impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
include 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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
this portion of Browns Bay during the time this regulation is in
effect. The zone will not have a significant economic impact due to its
short duration and small area. Because the impacts of this rule are
expected to be so minimal, the Coast Guard certifies under 605(b) of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this
temporary rule will not have a significant economic impact on a
substantial number of small entities.
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 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 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).
Collection of Information
This temporary rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this temporary rule under Executive Order 13132
and have determined that this rule does not have implications for
federalism under that Order.
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 State, local, or tribal government, in the
aggregate, or the private sector of $100,000,000 or more in any one
year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This temporary rule would 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 temporary 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the rights of Native American Tribes
under the Stevens Treaties. Moreover, the Coast Guard is committed to
working with Tribal Governments to implement local policies to mitigate
tribal concerns. We have determined that these security zones and
fishing rights protection need not be incompatible. We have also
determined that this Temporary Final 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. Nevertheless, Indian Tribes that have questions concerning the
provisions of this Temporary Final Rule or options for
[[Page 58610]]
compliance are encouraged to contact the point of contact listed under
FOR FURTHER INFORMATION CONTACT.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
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.
0
For the reasons set out in the preamble, the Coast Guard amends part
165 of title 33, Code of Federal Regulations, 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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 4 p.m. (PDT) October 3, 2005 until 8 a.m. (PDT) October 17,
2005 unless sooner cancelled by the Captain Of the Port, a temporary
Sec. 165.T13-05-017 is added to read as follows:
Sec. 165.T13-05-017 Safety Zone: Downed Aircraft, Browns Bay, Puget
Sound, WA.
(a) Location. The following area is a safety zone: The waters
within a one nautical mile radius of 47 degrees, 51.0 minutes North,
122 degrees, 21.0 minutes West [datum: NAD 1983], approximately three
nautical miles northeast of Edwards Point, Edmonds, Washington, where a
submerged helicopter, tail number A-109, is located.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person or vessel may enter or remain in
this safety zone, except for vessels involved in the salvage and
investigation operations, supporting personnel, or other vessels
authorized by the Captain of the Port or his designated
representatives.
(c) Enforcement Period. From 4 p.m. (PDT) October 3, 2005 until 8
a.m. (PDT) October 17, 2005 unless sooner cancelled by the Captain of
the Port.
Dated: October 3, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-20342 Filed 10-5-05; 2:13 pm]
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