[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Rules and Regulations]
[Pages 8027-8029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02431]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0900]
RIN 1625-AA00


Safety Zone, Coast Guard Exercise Area, Hood Canal, Washington

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The U.S. Coast Guard is establishing a safety zone around 
vessels involved in Coast Guard training exercises in Hood Canal, WA. 
This is necessary to ensure the safety of the maritime public during 
these exercises, which involve fast moving surface vessels, smoke 
machines, pyrotechnics, and other elements which could create safety 
concerns for waterway users. This safety zone ensures the safety of the 
maritime public by prohibiting any person or vessel from entering or 
remaining in the safety zone unless authorized by the Captain of the 
Port (COTP) or a Designated Representative.

DATES: This rule is effective March 7, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0900]. 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., 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 ENS Nathaniel P. Clinger, Waterways Management Division, 
Coast Guard Sector Puget Sound, U.S. Coast

[[Page 8028]]

Guard; telephone (206) 217-6045, email [email protected]. If 
you have questions on viewing or submitting material to 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 published a NPRM, Safety Zone, Coast Guard Exercise 
Area, Hood Canal, Washington, on October 5, 2012. The Coast Guard 
received zero comments submitted via regulations.gov and received zero 
requests for public meeting. However, on November 4, 2012, pursuant to 
a request by the Port Gamble S'Klallam Tribe, the Coast Guard held a 
consultation meeting with the Tribe to discuss this rule. Details of 
that meeting are contained in a separate document which has been placed 
in the docket for this rulemaking.
    We also note that temporary final rules have been established and 
published for previous Coast Guard exercises of this type in the Hood 
Canal on October 28, 2011, May 08, 2012, and on September 26, 2012. No 
negative comments or complaints were received pertaining to these 
rules.

B. Basis and Purpose

    The Coast Guard utilizes the northern part of the Hood Canal, WA to 
conduct training exercises. During these exercises, tactical vessels 
are maneuvering through the Hood Canal from the entrance of Dabob Bay 
to Foul Weather Bluff. These exercises include fast moving surface 
vessels, smoke machines, and pyrotechnics. Blank ammunition, flares and 
LA51 warning munitions may be used during these exercises. This safety 
zone is necessary to ensure the safety of the maritime public and 
vessels participating in these exercises. It prevents collisions 
between vessels in the exercise and the maritime public by keeping the 
maritime public a safe distance away from potentially startling or 
disorienting smoke, bright flashes, and loud noises.

C. Discussion of Comments, Changes and the Final Rule

    The safety zone established by this rule prohibits any person or 
vessel from entering or remaining within 500 yards of any vessel 
involved in Coast Guard training exercises in the northern area of Hood 
Canal, WA. Members of the maritime public will be able to identify 
participating vessels as those flying the Coast Guard Ensign. The COTP 
may also be assisted in the enforcement of the zone by other federal, 
state, or local agencies. Notification may also include but is not 
limited to, Broadcast Notice to Mariners or Local Notice to Mariners.
    We did not receive any public comments or requests for public 
meetings during the comment period. However, the Coast Guard did meet 
with the Port Gamble S'Klallam Tribe at their request. In response to 
the issues raised at that meeting, the Coast Guard is increasing the 
notification period for enforcement of the rule from 10 days to 45 
days. Additionally, in order to clarify certain aspects of the rule, 
the Coast Guard has added some definitions to the regulatory text.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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. The Coast Guard bases 
this finding on the fact that the safety zone will be in place for a 
limited period of time and vessel traffic will be able to transit 
around the safety zone. Maritime traffic may also request permission to 
transit through the zone from the COTP, Puget Sound or a Designated 
Representative.

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 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 received zero comments from the Small Business 
Administration on this rule. 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 would 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. 
This rule would not have a significant economic impact on a substantial 
number of small entities because the safety zone would be in place for 
limited periods of time and maritime traffic would still be able to 
transit around the safety zone. Maritime traffic may also request 
permission to transit through the zone from the COTP, Puget Sound or a 
Designated Representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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).

[[Page 8029]]

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.

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. However, we note that 
the Coast Guard did consult with the Port Gamble S'Klallam Tribe at 
their request during the rulemaking process, and considered their input 
when devising this final rule.

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 a 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 are 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 record 
keeping 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. 1226, 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.  165.1339 to read as follows:


Sec.  165.1339  Safety Zone; Coast Guard Exercise Area, Hood Canal, 
Washington.

    (a) Location. The following area is a safety zone: All waters 
encompassed within 500 yards of any vessel that is involved in a Coast 
Guard training 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 and can be identified as those flying 
the Coast Guard Ensign.
    (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 a 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) Definition. Training exercises are defined as full scale 
exercises that are significant in nature and involve multiple units and 
vessels. This safety zone will not be utilized by operations and 
training which is conducted daily or is routine in nature.
    (d) Enforcement period. The safety zone described in paragraph (a) 
of this section would be enforced by the Captain of the Port only upon 
notice. Notice of enforcement by the Captain of the Port will be 
provided 45 days prior to execution of the exercise by all appropriate 
means, in accordance with 33 CFR 165.7(a). Such means will include 
publication in the Federal Register, and may also include Broadcast 
Notice to Mariners, Local Notice to Mariners, or both.

    Dated: January 22, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-02431 Filed 2-4-13; 8:45 am]
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