[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Rules and Regulations]
[Pages 23708-23710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10242]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0251]
RIN 1625-AA00
Safety Zone; Pierce County Department of Emergency Management
Regional Water Exercise, East Passage, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
East Passage, Tacoma, Washington for a Regional Water Rescue Exercise
near Browns Point. A safety zone is necessary to ensure the safety of
participating vessels and participants in the water 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.
DATES: This rule is effective on June 9, 2011 from 7 a.m. until 5 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0251 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0251 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 ENS Anthony P. LaBoy, Waterways
Management Division, Coast Guard Sector Puget Sound; telephone 206-217-
6323, e-mail [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program
[[Page 23709]]
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 it would be contrary to the public
interest, since the event requiring the establishment of this safety
zone would be over before a comment period would end and a Final Rule
could be published. Immediate action is necessary to ensure safety of
participants in the Regional Water Rescue Exercise.
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 nineteen various
government agencies with over two hundred personnel. Personnel will
practice water rescues, search and rescue, dive rescues, law
enforcement searches, search patterns, and dewatering exercises. Some
of these exercises involve persons in the water. Smoke-producing
devices and flares will be used throughout the exercise to simulate
fires for training purposes. Additionally, a temporary boom and several
buoys will be placed throughout the safety zone. This exercise takes
places in an unsheltered area where vessel traffic can pose a hazard to
participating vessels and persons. The safety zone will mitigate these
hazards by prohibiting maritime traffic from entering or remaining in
the safety zone without authorization of the Captain of the Port.
Discussion of Rule
This rule establishes a safety zone encompassing all waters within
900 yards of Browns Point, East Passage, Tacoma, WA. Vessel operators
are prohibited from entering or remaining in the zone unless authorized
by the Captain of the Port, Puget Sound, or designated representative.
The Captain of the Port, Puget Sound will be assisted in the
enforcement of the zone by other Federal, State, and local agencies.
Any vessel not participating in the Regional Water Rescue Exercise
wishing to transit the area during the effective time of this safety
zone must coordinate with on scene Patrol Commander, who will ensure
that vessels authorized to transit the area 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, WA on June 9, 2011. This rule will not have
a significant economic impact on a substantial number of small
entities, because the safety zone is limited 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
[[Page 23710]]
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 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.
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., 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.T13-0251 to read as follows:
Sec. 165.T13-0251 Safety Zone; Pierce County Department of Emergency
Management Regional Water Exercise, East Passage, Tacoma, WA.
(a) Location. All waters of East Passage encompassed within 900
yards of Browns Point, Washington at position 47[deg]18'21'' N
122[deg]26'39'' W.
(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 South Sound Water Exercise
Control on VHF Channel 22A 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.
(d) Enforcement Period. This rule is effective from 7 a.m. until 5
p.m. on June 9, 2011 unless canceled sooner by the Captain of the Port.
Dated: April 15, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-10242 Filed 4-27-11; 8:45 am]
BILLING CODE 9110-04-P