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Rules and Regulations
Federal Register Vol. 86, No. 90
Wednesday, May 12, 2021

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.

COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
The Code of Federal Regulations is sold by the Superintendent of Documents.

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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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. 553d3, 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.

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210313
RIN 1625AA00

Safety Zone; Pierce County Ferry Steilacoom II, Puget Sound, WA
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

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.

SUMMARY:

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 USCG2021
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 2062176051, email SectorPugetSoundWWM@
uscg.mil.

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DATES:

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations CFR

Code of Federal Regulations
VerDate Sep<11>2014

16:39 May 11, 2021

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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-thewater 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
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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
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