
[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59083-59085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23653]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0822]
RIN 1625-AA00


Safety Zone; Coast Guard Exercise, Hood Canal, Washington

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 Coast Guard Ready for Operations exercise in Hood 
Canal, WA that will take place between Oct 16, 2012 and Oct 18, 2012. A 
safety zone is necessary to ensure the safety of the maritime public 
during the exercise and 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 (COTP) or his Designated Representative.

DATES: This rule is effective from 4:00 a.m. Oct 16, 2012 until 11:59 
p.m. on Oct 18, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0822. 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; Coast Guard; telephone 206-217-6045, 
email SectorPugetSoundWWM@uscg.mil. 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 is issuing this 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 impracticable, since the 
event requiring the establishment of this safety zone would be over 
before a comment period would end. The vessels involved in the Coast 
Guard Ready for Operations exercise 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 impracticable to publish an NPRM before 
the date of the event.
    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. For reasons described above, 
publication of an NPRM would be impracticable. The vessels involved in 
this Coast Guard exercise have an important and urgent need to perform 
this training in order to be ready to protect U.S. persons, assets, and 
waters; and it is not possible to publish an NPRM before the date of 
the event.

B. Basis and Purpose

    The Coast Guard will be conducting a Ready for Operations (RFO) 
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 Foul Weather Bluff. This exercise will include 
fast moving surface vessels, smoke machines, and pyrotechnics. Blank 
ammunition, flares and LA51 warning munitions will be used during the 
exercise. A safety zone is necessary 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.

C. Discussion of the Rule

    The temporary safety zone established by this rule will prohibit 
any person or vessel from entering or remaining

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within 500 yards of any vessel involved in the Coast Guard Ready for 
Operations exercise. 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.

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 
through the zone from the COTP, Puget Sound or his 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 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 through the zone from the COTP, Puget 
Sound or his Designated Representative.

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 
INTFORMATION 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.

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

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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 
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. 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.T13-228 to read as follows:


Sec.  165.T13-228  Safety Zone; Coast Guard Exercise, 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 the 
Coast Guard Ready for Operations 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 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 will be enforced on 4:00 a.m. Oct 
16, 2012 until 11:59 p.m. on Oct. 18, 2012 unless canceled sooner by 
the Captain of the Port.

    Dated: September 12, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-23653 Filed 9-25-12; 8:45 am]
BILLING CODE 9110-04-P


