Rule2022-14895
Safety Zone; Military Exercise, Sinclair Inlet, Bremerton, WA
Primary source
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Published
July 13, 2022
Effective
August 4, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zones for navigable waters within a 500 yard radius of a position located in Sinclair Inlet, Bremerton, WA. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a military exercise involving helocast operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Puget Sound.
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Rules and Regulations]
[Pages 41590-41592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14895]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0594]
RIN 1625-AA00
Safety Zone; Military Exercise, Sinclair Inlet, Bremerton, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zones for
navigable waters within a 500 yard radius of a position located in
Sinclair Inlet, Bremerton, WA. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by a military exercise involving helocast operations. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Puget Sound.
DATES: This rule is effective from 10:30 a.m. on August 4, 2022 through
11:30 a.m. on August 5, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0594 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
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-
217-6048, email <a href="/cdn-cgi/l/email-protection#e1b28482958e93b194868495b28e948f85b6b6aca194928286cf8c888d"><span class="__cf_email__" data-cfemail="10437573647f624065777564437f657e7447475d50656373773e7d797c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Puget Sound
DHS Department of Homeland Security
[[Page 41591]]
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 July 5, 2022, and due to the
evolving dynamic nature of the military helocast exercise it was
determined on July 5, 2022 that immediate action is needed to respond
to the potential safety hazards associated with the exercise. The
Captain of the Port Puget Sound (COTP) determined this regulation is
necessary to ensure the safety of personnel, vessels, and the marine
environment. The Coast Guard lacks sufficient time to request public
comments 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 impracticable because this regulation is needed to
respond to the potential safety hazards associated with this military
exercise.
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 COTP has determined that
potential hazards associated with the military helocast exercise on
August 4, 2022 and August 5, 2022, will be a safety concern for anyone
within a 500-yard radius of position 47[deg]32'51.5'' N 122[deg]38'37''
W and the exercise participants. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone from 10:30 until 11:30 a.m. on
August 4, 2022 and 10:30 until 11:00 a.m. on August 5, 2022. The safety
zone will cover all navigable waters within a 500 yard radius of
position 47[deg]32'51.5'' N 122[deg]38'37'' W in Sinclair Inlet. This
helocast exercise involves helicopters flying at a low altitude above
the water and launching boats and personnel from the aircraft. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the exercise is
ongoing. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
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 1 hour on two days. The Coast Guard will
transmit a Broadcast Notice 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,
[[Page 41592]]
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
stationary safety zone lasting only 1 hour per day that will prohibit
entry within a 500 yard radius of position 47[deg]32'51.5'' N
122[deg]38'37'' W in Sinclair Inlet. It is categorically excluded from
further review under paragraph L60(a) 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0594 to read as follows:
Sec. 165.T13-0594 Safety Zone; Military Exercise, Sinclair Inlet,
Bremerton, WA.
(a) Location. The following area is a safety zone: all navigable
waters within a 500 yard radius of position 47[deg]32'51.5'' N
122[deg]38'37'' W in Sinclair Inlet. These coordinates are based 1984
World Geodetic System (WGS 84).
(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 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 10:30
until 11:30 a.m. on August 4, 2022 and 10:30 until 11:30 a.m. on August
5, 2022.
Dated: July 7, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-14895 Filed 7-12-22; 8:45 am]
BILLING CODE 9110-04-P
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