15 March 2012
Non-Compliant Vessel Pursuit Training Course
[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15261-15263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6312]
[[Page 15261]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0138]
RIN 1625-AA00
Safety Zone; Non-Compliant Vessel Pursuit Training Course, Wando
River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Wando River during the Non-Compliant Vessel Pursuit Training Course in
Charleston, South Carolina from Monday, March 19, 2012 through Friday,
March 23, 2012. The safety zone is necessary to protect the public from
hazards associated with executing small boat law enforcement tactics
and high speed maneuvers during the training course. Persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the safety zone unless authorized by the Captain of
the Port Charleston or a designated representative.
DATES: This rule is effective from 7 a.m. on March 19, 2012 through 3
p.m. on March 23, 2012. This rule will be enforced from: (1) 7 a.m.
until 11:30 a.m. and 12:30 p.m. until 4:30 p.m. on March 19 and 20,
2012; (2) 7 a.m. until 11:30 a.m., 12:30 p.m. until 4:30 p.m., and 8
p.m. until 10 p.m. on March 21 and 22, 2012; and (3) 7 a.m. until 11:30
a.m. and 12:30 p.m. until 3 p.m. on March 23, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0138 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0138 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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
temporary final rule, call or email Ensign John R. Santorum, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email John.R.Santorum@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary 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 the Coast Guard did not have
necessary information regarding the training course until February 22,
2012. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the training
course. Any delay in the effective date of this rule would be contrary
to the public interest because immediate action is needed to minimize
potential danger to the public during the small boat tactical training
and maneuvering.
For the same reason discussed above, 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.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 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.
The purpose of the rule is to protect the public from hazards
associated with executing small boat law enforcement tactics and high
speed maneuvers during the training course.
Discussion of Rule
From Monday, March 19, 2012 through Friday, March 23, 2012, the
Maritime Law Enforcement Academy will conduct tactical training and
high speed maneuvering with Coast Guard small boats. This tactical
training and high speed maneuvering will include application of various
law enforcement tactics, high speed turns, and outside loop maneuvers.
The temporary safety zone encompasses certain waters of the Wando
River in Charleston, South Carolina. This safety zone will be enforced
from: (1) 7 a.m. until 11:30 a.m. and 12:30 p.m. until 4:30 p.m. on
March 19 and 20, 2012; (2) 7 a.m. until 11:30 a.m., 12:30 p.m. until
4:30 p.m., and 8 p.m. until 10 p.m. on March 21 and 22, 2012; and (3) 7
a.m. until 11:30 a.m. and 12:30 p.m. until 3 p.m. on March 23, 2012.
Persons and vessels are prohibited from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port Charleston or a designated representative.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the safety zone may contact the Captain of the Port
Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port Charleston or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative. The Coast Guard will
provide notice of the safety zone by Broadcast Notice to Mariners and
Marine Safety Information Bulletins. The Coast Guard will also provide
notice of the safety zone by on-scene designated representatives.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget
[[Page 15262]]
has not reviewed this regulation under Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for a total of
45 hours; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Charleston or a designated representative; and
(4)advance notification of the safety zone will be made to the local
maritime community by Broadcast Notice to Mariners and Marine Safety
Information Bulletins.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Wando River encompassed within the temporary safety zone from 7 a.m. on
March 19, 2012 through 3 p.m. on March 23, 2012. For the reasons
discussed in the Regulatory Planning and Review section above, this
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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will 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 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a
[[Page 15263]]
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph 34(g), of the Instruction. This
rule involves establishing a temporary safety zone that will be
enforced for a total of 45 hours. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES.
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. 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 a temporary Sec. 165.T07-0138 to read as follows:
Sec. 165.T07-0138 Safety Zone; Non-Compliant Vessel Pursuit Training
Course, Wando River, Charleston, SC.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the Wando River, bank to bank and surface to bottom
between Daybeacon 13, at position 32[deg]51'46'' N,
79[deg]53'26'' W; and Daybeacon 23, at position 32[deg]52'31''
N, 79[deg]51'15'' W. All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and
on-scene designated representatives.
(d) Effective Date. This rule is effective from 7 a.m. on March 19,
2012 through 3 p.m. on March 23, 2012. This rule will be enforced from:
(1) 7 a.m. until 11:30 a.m. and 12:30 p.m. until 4:30 p.m. on March
19 and 20, 2012;
(2) 7 a.m. until 11:30 a.m., 12:30 p.m. until 4:30 p.m., and 8 p.m.
until 10 p.m. on March 21 and 22, 2012; and
(3) 7 a.m. until 11:30 a.m. and 12:30 p.m. until 3 p.m. on March
23, 2012.
Dated: March 7, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-6312 Filed 3-14-12; 8:45 am]
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