[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31853-31855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13443]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0197]
RIN 1625-AA00


Safety Zone; Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending our regulations to expand the 
established safety zone during the annual Tacoma Freedom Air Show held 
at Commencement Bay, Tacoma, WA. The safety zone expansion will enlarge 
the clear area for low flying aircraft during this event. This expanded 
safety zone is necessary to ensure the safety of crews, spectators, 
participants of the event, participating vessels, and other vessels and 
users of the waterway during the event. Persons and vessels are 
prohibited from entering into, transiting through, or anchoring within 
this safety zone unless authorized by the COTP or his designated 
representative.

DATES: This rule is effective July 5, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0197 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0197 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 rule, 
call or e-mail Ensign Anthony P. LaBoy, USCG

[[Page 31854]]

Sector Puget Sound Waterways Management Division, Coast Guard; 
telephone 206-217-6323, 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

    On April 7, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled: Safety Zone; Commencement Bay, Tacoma, WA, in the 
Federal Register (76 FR 19290). We received zero comments on the 
proposed rule. We received zero requests for a public meeting and one 
was not held.

Basis and Purpose

    The Coast Guard is expanding the boundaries of the safety zone 
established in 33 CFR 165.1305. Due to the growth of the event, 
sponsors have requested a larger safety zone in order to safely 
accommodate additional aircraft and displays while protecting the 
safety of crews, spectators, participants of the event, participating 
vessels, and other vessels and users of the waterway during the event. 
In addition, expanding the zone will allow safety vessels to patrol 
inside the safety zone; reducing any vessel traffic along the shoreline 
that could impede movement of safety vessels.

Background

    The Tacoma Freedom Fair Air Show is an annual air show in Tacoma, 
WA. The show involves demonstrations by civilian, Navy, Air Force, 
Marine Corps, and Coast Guard aircraft, to include rescue simulations 
performed by low-flying helicopters. This rule expands the safety zone 
codified in 33 CFR 165.1305. This expansion accommodates the growth of 
the air show since its 1995 debut and ensures the safety of crews, 
spectators, participants of the event, participating vessels, and other 
vessels and users of the waterway during the event.

Discussion of Comments and Changes

    No comments on the proposed rulemaking were received and no changes 
are being made to the rule.

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 
is small in size, short in duration, and maritime traffic will be able 
to safely transit the area outside of this safety zone. Maritime 
traffic may also 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 
might be small entities: the owners or operators of vessels intending 
to enter or transit through a portion of Commencement Bay, Tacoma, 
Washington on July 4th from 2 p.m. until 12:30 a.m. July 5th, annually. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities, because the safety zone is short 
in duration, minimal in size, and maritime traffic will be allowed to 
transit through the safety zone with permission.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). 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 might 
disproportionately affect children.

[[Page 31855]]

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 which 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 changing a 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(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. In Sec.  165.1305, revise paragraph (a) to read as follows:


Sec.  165.1305  Commencement Bay, Tacoma, WA

    (a) Location. The following area is a safety zone for the Tacoma 
Freedom Fair Air Show: All portions of Commencement Bay bounded by the 
following coordinates: Latitude 47[deg]17'38'' N, Longitude 
122[deg]28'43 W; thence south easterly to Latitude 47[deg]17'4'' N, 
Longitude 122[deg]27'32'' W; thence south westerly to Latitude 
47[deg]16'35'' N, Longitude 122[deg]28'1'' W; thence north westerly 
along the shoreline to Latitude 47[deg]17'10'' N, Longitude 
122[deg]29'14'' W; thence returning to the origin. This safety zone 
resembles a rectangle protruding from the shoreline along Ruston Way. 
Floating markers will be placed by the sponsor of the event to 
delineate the boundaries of the safety zone.
* * * * *

    Dated: May 11, 2011.
S.J. Ferguson,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-13443 Filed 6-1-11; 8:45 am]
BILLING CODE 9110-04-P