[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35850-35852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14640]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2011-1007]
RIN 1625-AA00


Safety Zone; F/V Deep Sea, Penn Cove, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the 
Fishing Vessel (F/V) Deep Sea, located in Penn Cove, WA. This action is 
necessary to ensure the safety of the maritime public by preventing 
contact with potential debris and or hazardous material and allow 
emergency on-scene vessels to respond to the incident 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 in the CFR on June 15, 2012 until 11:59 
p.m. on June 15, 2012. This rule is effective with actual notice for 
purposes of enforcement from May 19, 2012 until June 15, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2011-1007. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE.,

[[Page 35851]]

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 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 an NPRM would be 
impracticable since immediate action is necessary to protect maritime 
public and response vessels in or around Penn Cove, WA, from hazards 
created by a sunken fishing vessel, which may include debris and other 
potentially hazardous materials, and requires emergency response and 
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 and/or materials associated with 
the sunken F/V Deep Sea.

B. Basis and Purpose

    On the evening of May 13, 2012, the F/V Deep Sea, sank after 
catching fire. Containment and absorbent boom is being used to mitigate 
any impact to the environment from released hazardous wastes. Multiple 
assets are on-scene responding to contain and clean up hazardous 
material, assess potential environmental impact and/or response and 
coordinate salvage operations. As a result the Coast Guard is 
establishing a safety zone around the F/V Deep Sea, located in Penn 
Cove, WA. The safety zone created by this rule is necessary to help 
ensure the safety of maritime public and the personnel involved in 
response and salvage operations with regard to the sunken F/V Deep Sea. 
It prevents navigation in areas where response and salvage vessels may 
be operating and that may contain debris or hazardous materials 
produced from and as a result of the sunken F/V Deep Sea.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone which encompasses all 
waters within 200 yards of the F/V Deep Sea, sunken in Penn Cove, WA. 
Vessels wishing to enter the zone must request permission for entry by 
contacting 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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule is not a 
significant regulatory action due to being limited in size and 
duration.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 vessels may transit through area with permission from the 
COTP.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 35852]]

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 involves the establishment of an emergency 
safety zone. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination will be available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

 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.T13-220 to read as follows:


Sec.  165.T13-220  Safety Zone; F/V Deep Sea, Penn Cove, WA.

    (a) Location. The following area is designated as a safety zone: 
All waters encompassing 200 yards of the Fishing Vessel Deep Sea 
located at approximately 48[deg]13'18'' N, 122[deg]47'42'' W, Penn 
Cove, 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 
May 19, 2012 until 11:59 p.m. on June 15, 2012 unless cancelled sooner 
by the Captain of the Port.

    Dated: May 18, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-14640 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P