[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70649-70651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29408]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1017]
RIN 1625-AA00


Safety Zone; Department of Defense Exercise, Hood Canal, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
vessels involved in a Department of Defense exercise in Hood Canal, WA 
that will take place on November 21, 2011. A safety zone is necessary 
to ensure the safety of the maritime public during the exercise. The 
zone 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 from 6 a.m. until 11:59 p.m. on November 
21, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1017 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1017 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 email Lieutenant Ian S. Hanna, Waterways 
Management Division, Coast Guard Sector Puget Sound; Coast Guard; 
telephone (206) 217-6045, email [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 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. These Department 
of Defense (DOD) vessels have an important and urgent need to perform 
this training in order to be ready to protect U.S. persons, assets, and 
waters; it would be contrary to the public interest to delay the 
exercise to allow for a comment period. Further, publishing an NPRM is 
unnecessary as the safety zone is neither burdensome, nor 
controversial. The safety zone created is short in duration, and 
vessels can transit around it, or through it with permission of the 
Captain of the Port (COTP).
    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. Good cause exists because the 
event would be over before the final rule could be published. These DOD 
vessels have an important and urgent need to perform this training in 
order to be ready to protect U.S. persons, assets,

[[Page 70650]]

and waters; it would be contrary to the public interest to delay this 
important exercise to allow for a delayed effective date.

Background and Purpose

    The DOD will be conducting a training exercise in the northern part 
of Hood Canal, WA. During the exercise, tactical vessels will be 
maneuvering through the Hood Canal from the entrance of Dabob Bay to 
Foulweather Bluff. This exercise will include fast moving surface 
vessels, smoke machines, and pyrotechnics. This safety zone is being 
created to ensure the safety of the maritime public and vessels 
participating in the exercise by preventing collisions between 
exercising vessels and the maritime public, and by keeping the maritime 
public a safe distance away from potentially startling or disorienting 
smoke, bright flashes, and loud noises.

Discussion of Rule

    The temporary safety zone established by this rule will prohibit 
any person or vessel from entering or remaining within 1000 yards of 
any vessel involved in the DOD exercise while such vessel is transiting 
Hood Canal, WA between Foul Weather Bluff and the entrance to Dabob 
Bay. Members of the maritime public will be able to identify 
participating vessels by their gray color and orange Coast Guard stripe 
on the hull. The COTP may be also assisted in the enforcement of the 
zones 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order or under section 
1 of Executive Order 13563. 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).
    The Coast Guard bases this finding on the fact that the safety 
zones will be in place for a limited period of time and vessel traffic 
will be able to transit around the safety zones. Maritime traffic may 
also request permission to transit through the zones from the COTP, 
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 the waters covered by the safety zone while it is in effect. 
The rule will not have a significant economic impact on a substantial 
number of small entities 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 safety zone. Maritime traffic may also request 
permission to transit though the zones from the COTP, 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 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 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

[[Page 70651]]

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, as supplemented by 
Executive Order 13563, Improving Regulation and Regulatory Review, 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 the establishment of 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, 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.T13-200 to read as follows:


Sec.  165.T13-200  Safety Zone; Department of Defense Exercise, Hood 
Canal, Washington.

    (a) Location. The following area is a safety zone: All waters 
encompassed within 1000 yards of any vessel that is involved in the 
Department of Defense exercise while such vessel is transiting Hood 
Canal, WA between Foul Weather Bluff and the entrance to Dabob Bay. 
Vessels involved will be various sizes, including 25, 33, and 64 feet 
in length and can be identified as being gray in color with an orange 
United States Coast Guard stripe on the vessels' hull.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person may enter or remain in the safety 
zone created in this rule unless authorized by the Captain of the Port 
or his Designated Representative. See 33 CFR part 165, subpart C, for 
additional information and requirements. Vessel operators wishing to 
enter the zone during the enforcement period must request permission 
for entry by contacting the on-scene patrol commander on VHF channel 13 
or 16, or the Sector Puget Sound Joint Harbor Operations Center at 
(206) 217-6001.
    (c) Enforcement Period. This rule is effective on November 21, 2011 
from 6 a.m. to 11:59 p.m., unless canceled sooner by the Captain of the 
Port.

    Dated: October 27, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-29408 Filed 11-14-11; 8:45 am]
BILLING CODE 9110-04-P