[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),

[[Page 28201]]

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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