[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Rules and Regulations]
[Pages 58608-58610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20342]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-037]
RIN 1625-AA00


Safety Zone Regulations, Downed Aircraft, Browns Bay, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Puget Sound around the body and debris of a helicopter. The 
Coast Guard is establishing this zone to ensure unencumbered access for 
rescuers and investigators, and protect the public from numerous 
dangers associated with recovery of this submerged aircraft. Entry into 
this zone is prohibited unless authorized by the Captain of the Port, 
Puget Sound or his designated representatives.

DATES: This rule is effective from 4 p.m. (PDT) October 3, 2005 until 8 
a.m. (PDT) October 17, 2005 unless sooner cancelled by the Captain of 
the Port.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-05-037 and are available for 
inspection or copying at the Waterways Management Division, Coast Guard 
Sector Seattle, 1519 Alaskan Way South, Seattle, WA, 98134, between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Jes Hagen, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, 
(206) 217-6040.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Publishing a NPRM would be contrary to public 
interest since immediate action is necessary to ensure the safety of 
vessels and persons that transit in the vicinity of the submerged 
helicopter in Browns Bay, WA. If normal notice and comment procedures 
were followed, this rule would not become effective until after the 
date of the event.

[[Page 58609]]

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to allow 
for the safe recovery of a downed helicopter submerged in the waters of 
Puget Sound. The Coast Guard is establishing this zone to ensure 
unencumbered access for rescuers and investigators, and protect the 
public from numerous dangers associated with recovery of this submerged 
aircraft. The safety zone is needed to protect watercraft and their 
occupants from safety hazards associated with the recovery efforts.

Discussion of Rule

    This rule, for safety concerns, will control vessels, personnel and 
individual movements in a safety zone surrounding the recovery 
operations indicated in section 2 of this Temporary Final Rule. The 
safety zone includes all waters with a radius of 1 nautical mile from 
the point at 47 degrees, 51.0 minutes North, 122 degrees, 21.0 minutes 
West [datum: NAD 1983], approximately three nautical miles northeast of 
Edwards Point, Edmonds, WA, where a submerged helicopter, tail number 
A-109, is located. The safety zone does not extend on land.
    The Coast Guard, through this action, intends to promote the safety 
of personnel, vessels, and facilities in the area. Entry into this zone 
will be prohibited unless authorized by the Captain of the Port. This 
safety zone will be enforced by Coast Guard personnel. The Captain of 
the Port may be assisted by other Federal, State, or local agencies.

Regulatory Evaluation

    This temporary rule is not a ``significant regulatory action'' 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Homeland Security (DHS).
    We expect the economic impact of this temporary rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DHS is unnecessary. This 
expectation is based on the fact that the regulated area established by 
the regulation would encompass a small area that should not 
significantly impact commercial or recreational traffic. For the above 
reasons, the Coast Guard does not anticipate any significant economic 
impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
include 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
this portion of Browns Bay during the time this regulation is in 
effect. The zone will not have a significant economic impact due to its 
short duration and small area. Because the impacts of this rule are 
expected to be so minimal, the Coast Guard certifies under 605(b) of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this 
temporary rule will not have a significant economic impact on a 
substantial number of small entities.

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 so that they can better evaluate 
its effects on them and participate in the rulemaking. 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) 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).

Collection of Information

    This temporary rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this temporary rule under Executive Order 13132 
and have determined that this rule does not have implications for 
federalism under that Order.

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 State, local, or tribal government, in the 
aggregate, or the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This temporary rule would not effect a taking of private property 
or otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This temporary 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.

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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the rights of Native American Tribes 
under the Stevens Treaties. Moreover, the Coast Guard is committed to 
working with Tribal Governments to implement local policies to mitigate 
tribal concerns. We have determined that these security zones and 
fishing rights protection need not be incompatible. We have also 
determined that this Temporary Final 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. Nevertheless, Indian Tribes that have questions concerning the 
provisions of this Temporary Final Rule or options for

[[Page 58610]]

compliance are encouraged to contact the point of contact listed under 
FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' will be 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.


0
For the reasons set out in the preamble, the Coast Guard amends part 
165 of title 33, Code of Federal Regulations, 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; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 4 p.m. (PDT) October 3, 2005 until 8 a.m. (PDT) October 17, 
2005 unless sooner cancelled by the Captain Of the Port, a temporary 
Sec. 165.T13-05-017 is added to read as follows:


Sec.  165.T13-05-017  Safety Zone: Downed Aircraft, Browns Bay, Puget 
Sound, WA.

    (a) Location. The following area is a safety zone: The waters 
within a one nautical mile radius of 47 degrees, 51.0 minutes North, 
122 degrees, 21.0 minutes West [datum: NAD 1983], approximately three 
nautical miles northeast of Edwards Point, Edmonds, Washington, where a 
submerged helicopter, tail number A-109, is located.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person or vessel may enter or remain in 
this safety zone, except for vessels involved in the salvage and 
investigation operations, supporting personnel, or other vessels 
authorized by the Captain of the Port or his designated 
representatives.
    (c) Enforcement Period. From 4 p.m. (PDT) October 3, 2005 until 8 
a.m. (PDT) October 17, 2005 unless sooner cancelled by the Captain of 
the Port.

    Dated: October 3, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-20342 Filed 10-5-05; 2:13 pm]
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