[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65647-65649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27304]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0943]
RIN 1625-AA00


Safety Zone; Rich Passage, Manchester, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing all navigable waters within a designed area in the 
vicinity of the Manchester Fuel Piers, Manchester, Washington. This 
safety zone is necessary to ensure the safety of the waterway users and 
participants of a maritime training exercise. The temporary safety zone 
will prohibit any person or vessel not involved in the training 
exercise from entering or remaining in the safety zone unless 
authorized by the Captain of the Port, Puget Sound (COTP) or his 
designated representative.

DATES: This rule is effective from 7 a.m. on November 2, 2015 until 6 
p.m. on November 8, 2015. This rule shall be enforced during actual 
training operations occurring within the effective period while 
exercise participants are present in the safety zone.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0943 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 Lieutenant Kate Haseley, Waterways Management Division, 
Coast Guard Sector Puget Sound; telephone 206-217-6051, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR--Code of Federal Regulations
DHS--Department of Homeland Security
E.O.--Executive order
FR--Federal Register
NPRM--Notice of proposed rulemaking
Pub. L.--Public Law
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 (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 publishing an NPRM would be impracticable as 
delayed promulgation may result in injury or damage to the maritime 
public and response vessels prior to conclusion of a notice and comment 
period.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because immediate action is 
needed to minimize the potential impact to the waterway users and 
emergency response personnel involved in the training exercise.

III. Legal Authority and Need for Rule

    The Coast Guard has authority to issue a rule under authority in 33 
U.S.C. 1231. The Captain of the Port, Puget Sound has determined that 
potential hazards associated with the training exercise will be a 
safety concern for anyone transiting through the operational location 
of the exercise. A safety zone is needed to ensure the safety of the 
maritime public and emergency response vessels participating in the 
exercise by preventing collisions between exercising vessels and the 
maritime public, and by keeping the maritime public a safe distance 
away from elements associated with the exercise.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone that will 
encompass all navigable waters within an area established by the 
following points: 47[deg]34'13'' N., 122[deg]32'12'' W., thence 
southeast to 47[deg]33'41'' N., 122[deg]31'07'' W., thence southwest to 
47[deg]33'15'' N., 122[deg]32'04'' W., thence south to 47[deg]31'49 N., 
122[deg]31'47'' W., thence west to 47[deg]31'55'' N., 122[deg]32'28'' 
W., thence north to 47[deg]33'20'' N., 122[deg]32'29'' W., thence 
northeast to

[[Page 65648]]

47[deg]34'08'' N., 122[deg]32'17'' W., located near the Manchester fuel 
piers, Manchester, WA and is effective from 7 a.m. on November 2, 2015 
until 6 p.m. on November 8, 2015 when vessel exercise participants are 
present in the safety zone. Vessels wishing to enter the safety zone 
must request permission to do so from the Captain of the Port, Puget 
Sound by contacting the Joint Harbor Operations Center at 206-217-6001 
or the on-scene Law Enforcement patrol craft, if any, via VHF-FM 
Channel 16. If permission for entry is granted, vessels must proceed at 
a minimum speed for safe navigation.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 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 E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the limited nature 
of the size and duration of the temporary safety zone. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
Channel 16 about the safety zone and the rule allows vessels to seek 
permission to enter the safety zone.

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 
above, this rule will not have a significant economic impact on any 
vessel owner or operator, because the zone established in this rule is 
limited in nature of size and duration.
    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 
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). 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 temporary safety zone lasting less than 29 days that 
will prohibit entry into various training exercise operations within 
the designated area. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.


[[Page 65649]]


    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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-300 to read as follows:


Sec.  165.T13-300  Safety Zone; Manchester, WA

    (a) Location. The temporary safety zone established in this rule 
will encompass all navigable waters within an area established by the 
following points: 47[deg]34'13'' N., 122[deg]32'12'' W., thence 
southeast to 47[deg]33'41'' N., 122[deg]31'07'' W., thence southwest to 
47[deg]33'15'' N., 122[deg]32'04'' W., thence south to 47[deg]31'49 N., 
122[deg]31'47'' W., thence west to 47[deg]31'55'' N., 122[deg]32'28'' 
W., thence north to 47[deg]33'20'' N., 122[deg]32'29'' W., thence 
northeast to 47[deg]34'08'' N., 122[deg]32'17'' W., located near the 
Manchester fuel piers, Manchester, WA.
    (b) Regulations. In accordance with the general regulations in 33 
CFR 165, Subpart C, no person or vessel may enter or remain in the 
safety zone unless authorized by the Captain of the Port, Puget Sound 
or his designated representative. To request permission to enter the 
safety zone, contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene Law Enforcement patrol craft, if any, via VHF-FM 
Channel 16. If permission for entry into the safety zone is granted, 
vessels or persons must proceed at the minimum speed for safe 
navigation and in compliance with any other directions given by the 
Captain of the Port, Puget Sound or his designated representative.
    (c) Dates. This rule is effective from 7 a.m. on November 2, 2015 
until 6 p.m. on November 8, 2015. This rule shall be enforced during 
actual training operations occurring within the effective period while 
exercise participants are present in the safety zone.

    Dated: October 9, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-27304 Filed 10-26-15; 8:45 am]
BILLING CODE 9110-04-P