[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25949-25951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10085]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules 
and Regulations  

[[Page 25949]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0313]
RIN 1625-AA00


Safety Zone; Pierce County Ferry Steilacoom II, Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for navigable waters within a 1,000-yard radius around the Pierce 
County ferry Steilacoom II. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the on-the-water military exercise. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Puget Sound or a designated 
representative.

DATES: This rule is effective from 8:30 a.m. through 2:30 p.m. on May 
13, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0313 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer William Martinez, Sector Puget 
Sound Waterways Management Division, U.S. Coast Guard; telephone 206-
217-6051, email SectorPugetSoundWWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 is impracticable. The Coast Guard 
was notified of the military exercise on April 7, 2021, and due to the 
evolving dynamic nature of the on-the-water exercise it was determined 
on May 4, 2021, that immediate action is needed to respond to the 
potential safety hazards associated with the exercise. The COTP 
determined this regulation is necessary to ensure the safety of the 
public. The Coast Guard lacks sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
rule.
    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. Delaying the effective date of 
this rule would be contrary to the public interest because this 
regulation is needed on May 13, 2021, less than 30 days after the Coast 
Guard received final details of the exercise, in order to ensure safety 
of the public, mariners, and exercise participants.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034, (previously 33 U.S.C. 1231). The Captain of the Port Puget 
Sector Sound (COTP) has determined that potential hazards associated 
with the on-the-water military exercise on May 13, 2021, will be a 
safety concern for anyone within a 1,000-yard radius of the Pierce 
County ferry Steilacoom II and the exercise participants. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the moving safety zone.

IV. Discussion of the Rule

    This rule establishes a moving safety zone from 8:30 a.m. until 
2:30 p.m. on May 13, 2021. The moving safety zone will cover all 
navigable waters within 1,000 yards of Pierce County ferry Steilacoom 
II. Part of this exercise includes the use of high speed Coast Guard 
and law enforcement vessel maneuvers and the use of blank fire 
ammunition. The duration of the zone is intended to protect mariners 
from the hazards associated with military training operations. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. As 
used in this section, a designated representative means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port Puget 
Sound (COTP) in the enforcement of the safety zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on size, location, 
and duration of the safety zone. Vessel traffic will be able to safely 
transit around this safety zone which would impact a small designated 
area of the Puget sound for a 6 hour period. The Coast Guard will

[[Page 25950]]

transmit a Safety Marine Information Broadcast to mariners via VHF-FM 
marine channel 16 regarding the safety zone enforcement and publish in 
the Local Notice to Mariners information about details of the safety 
zone. In addition, the rule allows mariners to seek permission to enter 
the zone. To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(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 a 
moving safety zone lasting only 6 hours that will prohibit entry within 
1,000 yards of Pierce County ferry Steilacoom II. It is categorically 
excluded from further review under paragraph L60 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T13-0313 to read as follows:


Sec.  165.T13-0313  Safety Zone; Pierce County Ferry Steilacoom II, 
Puget Sound, WA.

    (a) Location. The following area is a moving safety zone: All 
navigable waters within a 1,000-yard radius around the Pierce County 
ferry Steilacoom II.
    (b) Definitions. As used in this section, a designated 
representative means a Coast Guard Patrol Commander, including a Coast 
Guard coxswain, petty officer, or other officer operating a Coast Guard 
vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Sector Puget Sound (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. to 2:30 p.m. on May 13, 2021.


[[Page 25951]]


    Dated: May 5, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2021-10085 Filed 5-11-21; 8:45 am]
BILLING CODE 9110-04-P


