[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Rules and Regulations]
[Pages 21868-21870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8876]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1005]
RIN 1625-AA00


Safety Zone; Marina Salvage, Bellingham Bay, Bellingham, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in and around 
the Squalicum Harbor Marina, located in Bellingham, WA. This action is 
necessary to ensure the safety of the maritime public and the on-scene 
law enforcement, and salvage vessels by preventing contact with 
associated debris, and sunken vessels, and will do so by prohibiting 
vessels from entering or remaining in the safety zone unless authorized 
by the Captain of the Port or his Designated Representative.

DATES: This rule is effective April 12, 2012 through 11:59 p.m. April 
13, 2012. The safety zone has been enforced with actual notice since 12 
a.m. on April 5, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1005 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1005 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 Ensign Nathaniel P. Clinger, Waterways 
Management Division, Coast Guard Sector Puget Sound; Coast Guard; 
telephone 206-217-6323, 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 publishing a NPRM would be contrary 
to public interest since immediate action is necessary to protect 
vessels, persons and law enforcement vessels in

[[Page 21869]]

Bellingham, WA, from hazards created by a marina fire, which produced 
sunken vessels, and requires emergency salvage operations. 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. Normal notice and comment procedures cannot be 
followed due to the immediate threat of collision and/or exposure to 
hazardous debris associated with the marina salvage operations.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    On March 30 at approximately 5:32 a.m. the Coast Guard received a 
report that a house boat exploded, in the Squalicum Marina in the 
Bellingham Harbor, which ignited a boat house and sunk multiple 
vessels. On April 4, 2012 the Coast Guard was notified that the salvage 
operations to recover approximately 10 sunken vessels will require a 
safety zone that exceeds the timeline of the initial zone. Due to 
ongoing salvage operations, which may include cranes and vessels 
utilizing dive teams, the Coast Guard will establish a safety zone of 
all waters of the Squalicum Harbor Marina and all waters within 200 
yards of the entrance to the marina, located in Bellingham, WA. 
Enforcement of this zone will commence at 12 a.m. on April 5, 2012. The 
safety zone created by this rule is necessary to help ensure the safety 
of the maritime public and the personnel involved in the salvage 
operations. It prevents navigation in areas that may contain debris and 
hazardous materials produced from the boat house and damaged vessels.

Discussion of Rule

    The Coast Guard is establishing a safety zone which encompasses all 
waters of the Squalicum Harbor Marina and all waters within 200 yards 
of the entrance, in Bellingham, WA. Vessels wishing to enter the zone 
must request permission for entry by contacting the on-scene patrol 
craft on VHF CH 13 or Joint Harbor Operation Center at (206) 217-6001. 
Once permission for entry is granted vessels must proceed at a minimum 
speed necessary for safe navigation.

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. This rule is not a significant regulatory 
action due to being limited in size and duration.

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 vessels intending to 
transit the affected waterway during the period mentioned. This safety 
zone will not have a significant economic impact on a substantial 
number of small entities because the zone established in this rule is 
limited in size and short in duration.

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 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 affect 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

[[Page 21870]]

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. An environmental analysis checklist and a 
categorical exclusion determination will be available in the docket 
where indicated under ADDRESSES.

List of Subjects 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 a temporary Sec.  165.T13-215 to read as follows:


Sec.  165.T13-215  Safety Zone; Marina Salvage, Bellingham Bay, 
Bellingham, WA.

    (a) Location. The following area is designated as a safety zone: 
All waters of the Squalicum Harbor Marina and all waters within 200 
yards of the entrance to the marina, located in Bellingham, WA.
    (b) Regulations. In accordance with the general regulations in 33 
CFR 165, Subpart C, vessels wishing to enter the zone must request 
permission for entry by contacting the Joint Harbor Operation Center at 
(206) 217-6001 or the on-scene patrol craft on VHF CH 13. Once 
permission for entry is granted vessels must proceed at a minimum speed 
necessary for safe navigation.
    (c) Enforcement period. This rule will be effective from 12 a.m. on 
April 5, 2012, through 11:59 p.m. on April 13, 2012, unless cancelled 
sooner by the Captain of the Port.

    Dated: April 4, 2012.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-8876 Filed 4-10-12; 11:15 am]
BILLING CODE 9110-04-P