[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Rules and Regulations]
[Page 38534-38537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Sector Juneau Western Alaska 06-002]
RIN 1625-AA00
Safety Zone; Grand Island, Stephens Passage
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters south of Grand Island in Stephens Passage. This safety
zone is intended to restrict vessels from entering within 2.5 nautical
miles of a Coast Guard vessel that is conducting gunnery exercises.
Entry into this safety zone, while it is activated and enforced, is
prohibited unless authorized by the on-scene U.S. Coast Guard vessel.
This safety zone and its periodic activations are necessary to protect
the public from the hazards associated with the firing of weapons.
DATES: This temporary rule is effective from June 21, 2006 through
December 21, 2006.
[[Page 38535]]
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket Juneau 06-002 and are available for
inspection or copying at District 17 Waterways Management Branch
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LTJG David Wohlers, Phone: 907-463-
2265. E-mail: david.c.wohlers@uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard is promulgating this safety zone to conduct
mission essential training directly related to military operations and
national security. Accordingly, based on the military function
exception to the Administrative Procedure Act, 5 U.S.C. 553(a)(1),
notice and comment rulemaking under 5 U.S.C. 553(b) and an effective
date of 30 days after publication under 5 U.S.C. 553(d) are not
required for this temporary final rule.
Furthermore, under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM. This training is
necessary to ensure that Coast Guard personnel located within the
Seventeenth Coast Guard District are properly trained and certified
before conducting military and national security operations for use in
securing Alaska ports and waterways. Any delay in training would
prevent the units located within the Seventeenth Coast Guard District
from becoming capable of accomplishing missions integral to our
nation's security, and would therefore be contrary to public interest.
Background and Purpose
This temporary safety zone is necessary to protect vessels and
people from hazards associated with live fire from weapons. These
hazards include projectiles and ricochets that could damage vessels and
cause death or serious bodily harm.
Discussion of Rule
The Grand Island safety zone will include all navigable waters
within 2.5 nautical miles, from the surface to the seafloor, of
position 58[deg]05'00'' N 134[deg]08'00'' W. This zone will be
activated and enforced only when a Coast Guard asset enters the safety
zone for the purpose of gunnery training. The Coast Guard will notify
the public of its intent to use this zone via a broadcast to mariners
48-hours prior to gunnery exercises. In addition, the Coast Guard will
ensure the safety zone is clear of vessels before initiating its
gunnery exercise. Entry, transiting, or anchoring within the safety
zone, while it is activated and enforced, is prohibited unless
authorized by the on-scene U.S. Coast Guard vessel.
U.S. Coast Guard personnel will enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal
Regulations, prohibits any unauthorized person or vessel from entering
or remaining in a safety zone. Vessels or persons violating this
section will be subject to both criminal and civil penalties.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The safety zone is of a
limited duration, is limited to a relatively small geographic area, and
vessels that cannot reasonably pass around the safety zone will be
allowed to transit the zone upon a cease-fire request and approval from
the on-scene U.S. Coast Guard vessel via VHF channel 16.
The size of the zone is the minimum necessary to provide adequate
protection for personnel or vessels during live fire training. The
entities most likely to be affected are pleasure craft engaged in
recreational activities and sightseeing, commercial fishing vessels,
and cruise ships.
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 or operators of vessels intending to transit
or anchor in the area affected by this safety zone. This safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons: (i) The zone encompasses only
a small portion of the navigable waterways in the area; (ii) vessels
are allowed to enter this zone when not occupied by the Coast Guard for
the purpose of gunnery training; (iii) vessels may contact the on-scene
U.S. Coast Guard vessel on VHF channel 16 to request cease-fire in
order to transit the zone. The Coast Guard will notify the public of
its intent to use and enforce the zone and will ensure the safety zone
is clear of vessels before initiating its gunnery exercise.
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. If your
small business or organization is affected by this rule and you have
questions concerning its provisions or options for compliance, please
contact LTJG David Wohlers, U.S. Coast Guard, Waterways Management,
District Seventeen at (907) 463-2265.
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 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
[[Page 38536]]
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 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 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 Commandant Instruction M16475.lD,
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, paragraphs (3)(a) and (34)(g) of the Instruction, from
further environmental documentation because we are establishing a
safety zone.
A final ``Environmental Analysis Checklist'' and a final
``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.
0
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; 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. Add new Sec. 165.T17-071 to read as follows:
Sec. 165.T17-071 Safety Zone; Gunnery Gun Exercises; Grand Island, in
Stephens Passage, AK.
(a) Location. The following area is a safety zone: Grand Island
Area--all navigable waters 2.5 nautical miles surrounding position
58[deg]05'00'' N 134[deg]08'00'' W. These coordinates are based upon
North American Datum of 1983.
(b) Definitions. As used in this section: Designated on-scene
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the U.S. Coast Guard in the enforcement of the safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within a safety zone is prohibited
unless authorized by the on-scene U.S. Coast Guard vessel, or the
designated on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the on-scene U.S. Coast Guard vessel or the designated
on-scene representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the on-scene U.S. Coast Guard vessel or the on-scene
representative on channel 16 to obtain permission to do so. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the on-scene U.S. Coast
Guard vessel or the on-scene representative.
(d) Enforcement and suspension of enforcement of certain safety
zone.
(1) The safety zone in paragraph (a) of this section will be
enforced only when a Coast Guard asset is operating in the safety zone
for the purpose of conducting gunnery exercises.
(2) Notice of enforcement and suspension of enforcement will be
made by use of broadcast notice to mariners 48 hours prior to the
gunnery exercise.
(e) Effective period. This section is effective from June 21, 2006
through December 21, 2006. If the need for the safety zone ends before
the scheduled termination time, the U.S. Coast Guard District Seventeen
Commander will cease enforcement of this safety zone and notify the
public via a broadcast notice to mariners.
[[Page 38537]]
Dated: June 21, 2006.
D.T. Glenn,
Captain, U.S. Coast Guard, Commander, Seventeenth Coast Guard District,
Acting.
[FR Doc. E6-10649 Filed 7-6-06; 8:45 am]
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