[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Rules and Regulations]
[Pages 28200-28202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12062]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0389]
RIN 1625-AA00
Safety Zone; Washington State Department of Transportation
Ferries Division Marine Rescue Response (M2R) Full-Scale Exercise for a
Mass Rescue Incident (MRI)
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Washington State Department of Transportation Ferries
Division (WSF) is conducting a Marine Rescue Response (M2R) full-scale
exercise in Port Madison. This training exercise will simulate a mass
rescue incident (MRI) and will involve an abandon ship scenario with
multiple response vessels. This temporary safety zone is necessary to
ensure the safety of the participating ferries, rescue vessels, and the
maritime public during the exercise by prohibiting any vessel operators
from entering or remaining within a 500-yard radius of the
participating ferries unless authorized by the Captain of the Port,
Puget Sound or Designated Representative.
DATES: This rule is effective from 8 a.m. until 11:59 p.m. on 25 May
2010, unless cancelled sooner by the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0389 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0389 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 e-mail Ensign Rebecca E. McCann, Sector
Seattle, Waterways Management Division, Coast Guard; telephone 206-217-
6088, e-mail [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 immediate action is necessary to
ensure the safety of life and property on navigable waters.
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. Delaying the effective date would
be contrary to the public interest because hazards associated with
large scale training exercises could lead to severe injury, fatalities
and/or destruction of public property. Therefore immediate action is
necessary to ensure safety of the public and of participants in the WSF
M2R exercise.
Basis and Purpose
The WSF is hosting a M2R full scale exercise which will simulate a
MRI to provide training in specific emergency response procedures. The
exercise will test WSF procedures, and establish protocols with the
response organization specific to ferries in the Puget Sound area. This
temporary safety zone will mitigate navigation and safety concerns that
may arise from the exercise by restricting the area and keeping any
transiting vessels from interfering.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone within Port
Madison, Washington. This safety zone is established to prohibit any
vessel operator from entering or remaining within 500 yards of the
ferries participating in the WSF M2R exercise, unless authorized by the
Captain of the Port, Puget Sound or Designated Representative. The
simulation involves one large ferry dead in the water (DIW),
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being assisted by another large ferry and will temporarily affect
vessel traffic. The zone will be effective between 8 a.m and 11:59 p.m.
on May 26, 2010.
The Captain of the Port may be assisted in the enforcement of the
zone 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, 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.
Although this safety zone will restrict access to the area, the
effect of the rule will not be significant 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 zone. Additionally, maritime
traffic may request permission to transit through the zone from the
Captain of the Port, 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 Port Madison, Washington between 8 a.m. and 11:59 p.m. on 25
May 2010. The rule will not have a significant economic impact on a
substantial number of small entities, because the safety zone is short
in duration and maritime traffic will be able to transit around the
safety zone. Maritime traffic may also request permission to transit
through the zone from the Captain of the Port, 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 offer to assist small
entities in understanding the rule so that they can 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 cause 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
[[Page 28202]]
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 that 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 temporary
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.
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T13-144 to read as follows:
Sec. 165.T13-144 Safety Zone; Washington State Department of
Transportation Ferries Division Marine Rescue Response (M2R) Full-Scale
Exercise for a Mass Rescue Incident (MRI).
(a) Location. All waters encompassed within 500 yards of the
Washington State Ferries involved in the M2R exercise in Port Madison,
WA on 25 May 2010.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no vessel operator may enter or remain in the
safety zone without the permission of the Captain of the Port or
Designated Representative. The Captain of the Port may be assisted by
other Federal, State, or local agencies with the enforcement of the
safety zone.
(c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting the Coast Guard Sector Seattle
Joint Harbor Operations Center (JHOC) on VHF Ch 16 or via telephone at
(206) 217-6001. Vessel operators granted permission to enter the zone
will be escorted by the on-scene Coast Guard patrol craft until they
are outside of the safety zone.
(d) Enforcement Period. This rule is effective from 8 a.m. until
11:59 p.m. on 25 May 2010, unless canceled sooner by the Captain of the
Port.
Dated: May 7, 2010.
S. W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-12062 Filed 5-19-10; 8:45 am]
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