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Safety Zone: Camp Rilea Offshore Small Arms Firing Range; Warrenton, OR
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[Federal Register: July 28, 2005 (Volume 70, Number 144)]
[Rules and Regulations]
[Page 43636-43638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy05-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-030]
RIN 1625-AA11
Safety Zone: Camp Rilea Offshore Small Arms Firing Range; Warrenton, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
offshore of Camp Rilea, Warrenton, Oregon. Small arms training and fire
will be conducted within this zone, and a safety zone is needed to
ensure the safety of persons and vessels operating in this area during
the specified periods. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port or his/her designated representative.
DATES: This rule is effective from 6 a.m. July 25, 2005 through 9 p.m.
July 29, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-05-030 and are available for
inspection or copying at Coast Guard Sector Portland, 6767 North Basin
Avenue, Portland, OR 97217-3992 between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Shadrack Scheirman, Chief Port
Operations, USCG Sector, Portland, OR 97217, telephone number (503)
240-9310.
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.
In order to maintain an increased maritime security posture, the
Coast Guard has increased training requirements for the carriage of
weapons during homeland security operations. The crews required to
carry out homeland security operations must be trained to perform their
operational obligations. Crews from multiple units along the Oregon and
Washington coasts are participating in this exercise. Unit operational
schedules converged to make July 25-29 the only date to accommodate all
parties.
Publishing an NPRM and delaying the effective date of this rule
would be contrary to the public interest since immediate action is
necessary to minimize potential danger to the public from small arms
fire during the live fire training. Such training is necessary in order
to ensure Coast Guard crews are qualified to carry Crew Served Weapons
required to fulfill their Military and Homeland Security responsibilities.
Background and Purpose
Changes in Coast Guard policy and procedures require small boat
crews to train on and fire crew served weapons from a vessel. In order
to ensure the safety of persons and vessels operating in vicinity of
this training from July 25, 2005 through July 29, 2005 a safety zone
will be in effect during all small arms firing evolutions.
Discussion of Rule
This safety zone will be in effect to ensure the safety of persons
and vessels in the vicinity of the live fire training. Entry into this
safety zone is prohibited unless authorized by the Captain of the Port
or his/her designated representative. A Coast Guard vessel will be on
scene to ensure that the public is aware that the firing exercises are
in progress and that the firing area is clear of traffic before firing
commences. All persons and vessels shall comply with the instructions
of the Captain of the Port or his/her designated on-scene U.S. Coast
Guard representative. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law
enforcement vessels.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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). This rule only affects a small area for a limited
duration. The proposed regulations have been tailored in scope to
impose the least impact on maritime interests, yet provide the level of
safety necessary for such an event.
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
[[Page 43637]]
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 or operators of vessels intending to anchor,
fish or transit through the zone during the periods of enforcement from
July 25, 2005 through July 29, 2005. The Coast Guard expects a minimal
economic impact on a substantial number of small entities because the
zone is in effect essentially during day light hours only for 4 days,
there is little commercial activity in this area during the month of
July, and vessels will be able to freely transit the areas outside of
the safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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).
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 Commandant Instruction M16475.lD,
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. Categorical Exclusion is provided for temporary safety
zones of less than one week in duration. A final ``Environmental
Analysis Check List'' and a final ``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, 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
? 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.
? 2. A temporary Sec. 165.T13-011 is added to read as follows:
Sec. 165.T13-011 Safety Zone; Camp Rilea Offshore Small Arms Firing
Range, Warrenton, Oregon
(a) Location. The following area is established as a safety zone:
the waters bounded by the following coordinates:
[[Page 43638]]
46[deg]09'00'' N, 123[deg]57'42'' W following the shoreline to
46[deg]10'24'' N 124[deg]07'06'' W then south to 46[deg]02'54'' N
124[deg]07'06'' W following the shoreline to 46[deg]06'30'' N
123[deg]56'36'' W then back to the point of origin.
(b) Regulations. (1) In accordance with the general regulations in
Section 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
(2) A Coast Guard vessel will be on scene to ensure that the public
is aware that the firing exercises are in progress and that the firing
area is clear of traffic before firing commences.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port or his/her designated on-scene U.S. Coast Guard
representative. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law
enforcement vessels.
(c) Effective period. This rule is effective from 6 a.m. July 25,
2005 through 9 p.m. July 29, 2005.
(d) Enforcement period. This rule will be enforced from 6 a.m. to 9
p.m. daily from July 25 through July 29, 2005.
(e) The Captain of the Port will notify the public of changes in
the status of this safety zone by Marine Safety Radio Broadcast on VHF
Marine Band Radio Channel 22 (157.1 MHz) and Federal Register Notice.
Dated: July 19, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-14970 Filed 7-25-05; 3:49 pm]
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