Safety Zone; Coast Guard Exercise, Hood Canal, Washington, 59083-59085 [2012-23653]
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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations
James.L.Rousseau2@uscg.mil. If you
have any questions on reviewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, 202–366–
9826.
The
Norfolk Southern Corporation, owner
and operator of the single-leaf bascule
Norfolk Southern #7 Railroad Bridge,
mile 5.8, at Chesapeake, VA, has
requested a temporary deviation from
the current operating regulations set out
in 33 CFR 117.997(d), to accommodate
lift joint replacement.
Under the current operating schedule
the bridge shall be left in the open
position at all times and will only be
lowered for the passage of trains and to
perform periodic maintenance. The
Norfolk Southern #7 Bridge, at AIWW
mile 5.8, across the Elizabeth River
(Southern Branch) in Chesapeake, VA,
has a vertical clearance in the closed
position to vessels of 7 feet above mean
high water.
To facilitate lift joint replacement, the
drawbridge will be maintained in the
closed-to-navigation position from 6
a.m. to 8 p.m. on October 9, 2012 and
again from 6 a.m. to 8 p.m. on October
11, 2012; at all other times the bridge
will operate in accordance to its regular
operating schedule. The bridge normally
operates in the open position with
several vessels transiting a week.
Coordination with waterway users has
been completed.
The Coast Guard will inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
opening restrictions of the draw span to
minimize transiting delays caused by
the temporary deviation. There are no
alternate routes available but vessels
may pass between 8 p.m. and 6 a.m.
during the relevant time period.
Mariners able to pass under the bridge
in the closed position may do so at any
time and the bridge is able to open for
emergencies. Mariners are advised to
proceed with caution.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
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SUPPLEMENTARY INFORMATION:
Dated: September 17, 2012.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2012–23658 Filed 9–25–12; 8:45 am]
BILLING CODE 9110–04–P
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17:39 Sep 25, 2012
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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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
SUMMARY:
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 https://
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:
DATES:
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Frm 00039
Fmt 4700
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
Table of Acronyms
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The temporary safety zone established
by this rule will prohibit any person or
vessel from entering or remaining
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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations
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.
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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,
VerDate Mar<15>2010
16:42 Sep 25, 2012
Jkt 226001
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
PO 00000
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Fmt 4700
Sfmt 4700
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.
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:
1. The authority citation for Part 165
continues to read as follows:
DEPARTMENT OF EDUCATION
34 CFR Chapter IV
Rehabilitation Services
Administration, Office of Special
Education and Rehabilitative Services,
Department of Education.
ACTION: Final waivers and extensions of
project periods.
The Secretary waives the
regulations that generally limit project
periods to 60 months and that restrict
project period extensions involving the
obligation of additional Federal funds.
As a result, for the 60-month projects
initially funded in fiscal year (FY) 2007
under the AIVRS program, the Secretary
is extending the project periods until
September 30, 2013.
DATES: This notice of final waivers and
extensions of the project periods is
effective September 26, 2012.
FOR FURTHER INFORMATION CONTACT:
August Martin, U.S. Department of
Education, 400 Maryland Avenue SW.,
room 5049, Potomac Center Plaza (PCP),
Washington, DC 20202–2800.
Telephone: (202) 245–7410.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll-free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: On July
25, 2012, the Department published a
notice in the Federal Register (77 FR
43560) inviting comments on the
Department’s proposal to make certain
AIVRS grants effective for more than 60
months under the authority of Section
121(b)(3) of the Rehabilitation Act of
1973, as amended (the Act). The
Secretary proposed to waive the
requirements of 34 CFR 75.250, which
SUMMARY:
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
2. Add § 165.T13–228 to read as
follows:
■
§ 165.T13–228 Safety Zone; Coast Guard
Exercise, Hood Canal, Washington.
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BILLING CODE 9110–04–P
AGENCY:
■
(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
Jkt 226001
[FR Doc. 2012–23653 Filed 9–25–12; 8:45 am]
[Catalog of Federal Domestic Assistance
(CFDA) Number: 84.250C]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
16:42 Sep 25, 2012
Dated: September 12, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
Final Waivers and Extensions of
Project Periods; American Indian
Vocational Rehabilitation Services
Program
List of Subjects in 33 CFR Part 165
VerDate Mar<15>2010
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.
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59085
generally limit project periods to 60
months, and of 34 CFR 75.261(c)(2),
which restrict project period extensions
involving the obligation of additional
Federal funds. In that notice, the
Secretary also proposed to extend the
project period for the eight AIVRS
grantees from October 1, 2012, through
September 30, 2013. The proposed
waivers and extensions would enable
the eight AIVRS grantees to request, and
continue to receive, Federal funds
beyond the 60-month limitation set by
34 CFR 75.250.
There are no substantive differences
between the notice of proposed waivers
and extensions and this notice of final
waivers and extensions.
Public Comment
In the July 25, 2012, notice for the
AIVRS program, the Secretary invited
comments on the effect these proposed
waivers and extensions may have on the
AIVRS program and on potential
applicants for grant awards under any
new AIVRS notice inviting applications,
should there be one. We received
comments from 13 commenters, 10 of
which supported the Department’s
proposal to waive regulations at 34 CFR
75.250 and 34 CFR 75.261(c)(2)
restricting project period extensions
past 60 months and restricting
extensions that require additional
Federal funds and to extend the project
period for 8 AIVRS grantees beyond
September 30, 2012, so that they could
continue to receive Federal funds from
October 1, 2012, through September 30,
2013.
Generally, we do not address
technical and other minor changes. In
addition, we do not address general
comments that raise concerns not
directly related to the proposed waivers
and extensions.
Analysis of Comments and Changes
Comment: Three commenters raised a
concern that a decision not to run a
competition in FY 2012 would preclude
tribes that are interested in responding
to a notice inviting applications from
having the opportunity to apply for a
grant and referred to the human capital
and fiscal resources that were expended
in anticipation of a new competition.
Discussion: The Department has
proposed to extend the current AIVRS
grantees in response to a
recommendation made by the U.S.
Government Accountability Office
(GAO) in a report titled, ‘‘Indian Issues:
Federal Funding for Non-Federally
Recognized Tribes,’’ released on May 9,
2012, for the Department to review its
interpretation of ‘‘reservation’’ used in
determining eligibility under the AIVRS
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]]>Agencies
[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.
-----------------------------------------------------------------------
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 https://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
[[Page 59084]]
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
[[Page 59085]]
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
