[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Rules and Regulations]
[Pages 43636-43638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14970]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-030]
RIN 1625-AA11


Safety Zone: Camp Rilea Offshore Small Arms Firing Range; 
Warrenton, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
offshore of Camp Rilea, Warrenton, Oregon. Small arms training and fire 
will be conducted within this zone, and a safety zone is needed to 
ensure the safety of persons and vessels operating in this area during 
the specified periods. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port or his/her designated 
representative.

DATES: This rule is effective from 6 a.m. July 25, 2005 through 9 p.m. 
July 29, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-05-030 and are available for 
inspection or copying at Coast Guard Sector Portland, 6767 North Basin 
Avenue, Portland, OR 97217-3992 between 7 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Shadrack Scheirman, Chief Port 
Operations, USCG Sector, Portland, OR 97217, telephone number (503) 
240-9310.

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.
    In order to maintain an increased maritime security posture, the 
Coast Guard has increased training requirements for the carriage of 
weapons during homeland security operations. The crews required to 
carry out homeland security operations must be trained to perform their 
operational obligations. Crews from multiple units along the Oregon and 
Washington coasts are participating in this exercise. Unit operational 
schedules converged to make July 25-29 the only date to accommodate all 
parties.
    Publishing an NPRM and delaying the effective date of this rule 
would be contrary to the public interest since immediate action is 
necessary to minimize potential danger to the public from small arms 
fire during the live fire training. Such training is necessary in order 
to ensure Coast Guard crews are qualified to carry Crew Served Weapons 
required to fulfill their Military and Homeland Security 
responsibilities.

Background and Purpose

    Changes in Coast Guard policy and procedures require small boat 
crews to train on and fire crew served weapons from a vessel. In order 
to ensure the safety of persons and vessels operating in vicinity of 
this training from July 25, 2005 through July 29, 2005 a safety zone 
will be in effect during all small arms firing evolutions.

Discussion of Rule

    This safety zone will be in effect to ensure the safety of persons 
and vessels in the vicinity of the live fire training. Entry into this 
safety zone is prohibited unless authorized by the Captain of the Port 
or his/her designated representative. A Coast Guard vessel will be on 
scene to ensure that the public is aware that the firing exercises are 
in progress and that the firing area is clear of traffic before firing 
commences. All persons and vessels shall comply with the instructions 
of the Captain of the Port or his/her designated on-scene U.S. Coast 
Guard representative. On-scene Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the Coast Guard on board 
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law 
enforcement vessels.

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). This rule only affects a small area for a limited 
duration. The proposed regulations have been tailored in scope to 
impose the least impact on maritime interests, yet provide the level of 
safety necessary for such an event.

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

[[Page 43637]]

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 anchor, 
fish or transit through the zone during the periods of enforcement from 
July 25, 2005 through July 29, 2005. The Coast Guard expects a minimal 
economic impact on a substantial number of small entities because the 
zone is in effect essentially during day light hours only for 4 days, 
there is little commercial activity in this area during the month of 
July, and vessels will be able to freely transit the areas outside of 
the safety zone.

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.
    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 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 an 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, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. Categorical Exclusion is provided for temporary safety 
zones of less than one week in duration. A final ``Environmental 
Analysis Check List'' 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, 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. A temporary Sec.  165.T13-011 is added to read as follows:


Sec.  165.T13-011  Safety Zone; Camp Rilea Offshore Small Arms Firing 
Range, Warrenton, Oregon

    (a) Location. The following area is established as a safety zone: 
the waters bounded by the following coordinates:

[[Page 43638]]

46[deg]09'00'' N, 123[deg]57'42'' W following the shoreline to 
46[deg]10'24'' N 124[deg]07'06'' W then south to 46[deg]02'54'' N 
124[deg]07'06'' W following the shoreline to 46[deg]06'30'' N 
123[deg]56'36'' W then back to the point of origin.
    (b) Regulations. (1) In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or his 
designated representatives.
    (2) A Coast Guard vessel will be on scene to ensure that the public 
is aware that the firing exercises are in progress and that the firing 
area is clear of traffic before firing commences.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port or his/her designated on-scene U.S. Coast Guard 
representative. On-scene Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the Coast Guard on board 
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law 
enforcement vessels.
    (c) Effective period. This rule is effective from 6 a.m. July 25, 
2005 through 9 p.m. July 29, 2005.
    (d) Enforcement period. This rule will be enforced from 6 a.m. to 9 
p.m. daily from July 25 through July 29, 2005.
    (e) The Captain of the Port will notify the public of changes in 
the status of this safety zone by Marine Safety Radio Broadcast on VHF 
Marine Band Radio Channel 22 (157.1 MHz) and Federal Register Notice.

    Dated: July 19, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-14970 Filed 7-25-05; 3:49 pm]
BILLING CODE 4910-15-P