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

Published date12 May 2021
Citation86 FR 25949
Record Number2021-10085
SectionRules and Regulations
CourtCoast Guard,Homeland Security Department
Federal Register, Volume 86 Issue 90 (Wednesday, May 12, 2021)
[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]
                ========================================================================
                Rules and Regulations
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains regulatory documents
                having general applicability and legal effect, most of which are keyed
                to and codified in the Code of Federal Regulations, which is published
                under 50 titles pursuant to 44 U.S.C. 1510.
                The Code of Federal Regulations is sold by the Superintendent of Documents.
                ========================================================================
                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 [email protected].
                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
                

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