[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Rules and Regulations]
[Pages 38534-38537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10649]


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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: [email protected].

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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