[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18395-18397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07883]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0313]
RIN 1625-AA00


Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap, 
Elwood Point; Bremerton, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 500-yard temporary safety 
zone on in vicinity of Naval Base Kitsap, Elwood Point; Bremerton, WA. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the unexploded ordnance 
detonation being conducted by the U.S. Navy. The safety zone will 
prohibit any person or vessel from entering or remaining in the safety 
zone unless authorized by the Captain of the Port or a Designated 
Representative.

DATES: This rule is effective from 8 a.m. on April 19, 2017 to 8 p.m. 
on April 20, 2017. It will only be enforced during two periods: from 8 
a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. to 8 p.m. on April 
20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0313 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 CWO Jeffrey Zappen, Waterways Management Division, U.S. 
Coast Guard; 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 (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 publishing an NPRM would be 
impracticable as delayed promulgation may result in injury or damage to 
the maritime public as a result of the detonation of ordnance. The 
Captain of the Port, Sector Puget Sound received notice of the date of 
the planned detonation on April 12, 2017.
    Under 5 U.S.C. 553(b)(B), the Coast Guard also 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 the danger associated with 
detonating ordnance will occur on April 19, 2017, and this rule must be 
effective to protect against those hazards on that date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port, Puget Sound has determined that 
potential hazards associated with the detonation will be a safety 
concern for anyone transiting through the location of the operation. 
This rule is needed to ensure the safety of the maritime public from 
hazards associated with the unexploded ordnance detonation in the 
vicinity of Naval Base Kitsap, Elwood Point, Bremerton, WA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. on April 
19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced during 
two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. 
to 8 p.m. on April 20, 2017. The safety zone will cover all navigable 
waters within 500 yards of 47[deg]35'30.8'' N. 122[deg]41'11.1'' W., 
which is located at Point Elwood on Naval Base Kitsap, located in 
Ostrich Bay, southern end of Dyes Inlet. The duration of the zone is 
intended to protect personnel,

[[Page 18396]]

vessels, and the marine environment from potential hazards created by 
the unexploded ordnance detonation being conducted by the U.S. Navy. 
The Captain of the Port may use Broadcast Notice to Mariners to grant 
general permission to enter the zone within the effective period of 
this rule once the detonation is complete and the zone is no longer 
needed.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. 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 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 Special Marine Information Broadcast 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 that is limited in duration that 
will prohibit entry within 500 yards of the designated area. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. 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

[[Page 18397]]

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; 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.T13-0313 to read as follows:


Sec.  165.T13-0313  Safety Zone; Unexploded Ordnance Detonation; Naval 
Base Kitsap; Elwood Point; Bremerton, WA.

    (a) Location. The following area is designated as a safety zone: 
all waters within 500-yard radius of the unexploded ordnance 
detonation, Naval Base Kitsap, Elwood Point (47[deg]35'30.8'' N, 
122[deg]41'11.1'' W); Bremerton, WA.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part no person or vessel may enter or remain in the 
safety zone unless authorized by the Captain of the Port, Puget Sound 
or a designated representative. To request permission to enter the 
safety zone, contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene 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 a designated representative.
    (c) Effective period. This section is effective from 8 a.m. on 
April 19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced 
during two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8 
a.m. to 8 p.m. on April 20, 2017.

    Dated: April 13, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-07883 Filed 4-18-17; 8:45 am]
 BILLING CODE 9110-04-P