[Federal Register Volume 75, Number 111 (Thursday, June 10, 2010)]
[Rules and Regulations]
[Pages 32855-32857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13911]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0475]
RIN 1625-AA00
Safety Zone; Pierce County, WA, Department of Emergency
Management, Regional Water Exercise
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Pierce County, Washington, Department of Emergency
Management is sponsoring a Regional Water Rescue Exercise in the waters
of East Passage near Browns Point. A safety zone is necessary to ensure
the safety of participating vessels and participants in the water by
restricting traffic from passing within 900 yards of the exercise area,
and restricting deep draft vessels from creating a wake near the
exercise.
DATES: This rule is effective from 7 a.m. until 8 p.m. on June 10, 2010
unless cancelled sooner by the Captain of the Port (COTP).
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0475 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0475 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 LTJG Ian Hanna, Sector Seattle Waterways
Management, Coast Guard; telephone 206-217-6045, 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 safety of participants in the Pierce County Regional Water
Rescue Exercise.
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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the Pierce County Regional Water Rescue Exercise, and
enhancing public and maritime safety.
Basis and Purpose
The Pierce County, Washington, Department of Emergency Management
is sponsoring a Regional Water Rescue Exercise in the waters of East
Passage near Browns Point. The exercise will involve many small
response craft training and practicing search and rescue techniques
with people in the water. The exercise takes place in an unsheltered
area in the vicinity of vessel traffic, which poses hazards to
participating vessels and participants. A safety zone will mitigate
these hazards by restricting traffic from passing too close to the
exercise area, and from creating large wakes near the exercise.
Discussion of Rule
This rule establishes a temporary safety zone on all waters of East
Passage encompassed within 900 yards of Browns Point, Washington in
position 47[deg]18.354' N, 122[deg]27.654' W (NAD 83). The Regional
Water Rescue Exercise will include nineteen various government agencies
with over two hundred personnel practicing water rescue, search and
rescue, dive rescue, law enforcement searches, dewatering exercises and
will involve persons in the water. Vessel operators are prohibited from
entering or remaining in the safety zone unless authorized by the COTP,
Puget Sound, or Designated Representative. The COTP will be assisted in
the enforcement of the zone by other federal, state, and/or local
agencies. Any vessel not participating in the Water Rescue Exercise
wishing to transit the area during the effective time of this Safety
Zone must coordinate
[[Page 32856]]
with an on scene Patrol Commander. Additionally, any vessel traffic
transiting the area shall do so at a speed that minimizes wake in the
exercise area.
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.
The Coast Guard bases this finding on the fact that 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. 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 near Browns Point, Washington between 7 a.m. and 8 p.m. on June
10, 2010. This 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 adopted by voluntary consensus
standards bodies.
[[Page 32857]]
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)(f), 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 record
keeping 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.T13-146 to read as follows:
Sec. 165.T13-146 Safety Zone; Pierce County, Washington, Department
of Emergency Management, Regional Water Exercise.
(a) Location. All waters of East Passage encompassed within 900
yards of Browns Point, Washington in position 47[deg]18.354' N.,
122[deg]27.654' W. (NAD 83).
(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. Additionally, any vessel traffic transiting the area shall
do so at a speed that minimizes wake in 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 South Sound Water Exercise
Control on VHF Channel 22 or via telephone at (253) 691-1313. Vessel
operators granted permission to enter the zone will be escorted by the
on-scene patrol craft until they are outside of the safety zone and may
not cause a wake while in the zone.
(d) Enforcement Period. This rule is effective from 7 a.m. until 8
p.m. on June 10, 2010, unless canceled sooner by the Captain of the
Port.
Dated: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-13911 Filed 6-9-10; 8:45 am]
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