[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59302-59304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21204]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0828]
RIN 1625-AA00


Safety Zone; Mutiny Bay, Whidbey Island, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Mutiny Bay, Whidbey Island, Washington. The 
temporary safety zone encompasses all waters within a 1000-yard radius 
of a barge anchored in Mutiny Bay. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
associate with operations to recover a downed aircraft in this area. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Puget Sound (COTP).

DATES: This rule is effective without actual notice from September 30, 
2022 through 10 p.m. October 5, 2022. For the purposes of enforcement, 
actual notice will be used from 1 a.m. September 26, 2022 until 
September 30, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0828 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer William E. Martinez, Sector Puget 
Sound, 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
COTP Captain of the Port Puget Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 the Coast Guard was notified of the 
planned salvage operation on September 16, 2022 and immediate action is 
needed to respond to the potential safety hazards associated with the 
recovery of the downed aircraft. It is impracticable to publish an NPRM 
because we must establish this safety zone by the start of recovery 
operations on September 26, 2022.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the salvage 
operations.

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 COTP

[[Page 59303]]

has determined that potential hazards associated with salvage 
operations starting September 26, 2022 will be a safety concern for 
anyone within a 1000-yard radius of the barge anchored in Mutiny Bay, 
Whidbey Island. This rule is needed to protect personnel, vessels, and 
the marine environment in the navigable waters within the safety zone 
during ongoing salvage operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from 1 a.m. on September 26, 
2022 until 10 p.m. October 5, 2022. The safety zone will cover all 
navigable waters from surface to the bottom within a 1000-yard radius 
of the barge anchored in position 47[deg]59'25.994'' N 
122[deg]35'06.817'' W in Mutiny Bay, Whidbey Island, Washington. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during salvage operations 
of a downed aircraft. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative. The safety zone may be suspended early at 
the discretion of the COTP .

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.
    This regulatory action determination is based on size, location, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone which would impact a 
small designated area of Mutiny Bay, Whidbey Island for a total of 10 
days and operations may be suspended early at the discretion of the 
COTP. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the 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.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email 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 Executive Order 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 Executive Order 
13132.
    Also, 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone with a duration of 10 days or until salvage operations are 
completed. It is categorically excluded from further review under 
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination will be produced. For instructions on locating the 
docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without

[[Page 59304]]

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.

    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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T13-0828 to read as follows:


Sec.  165.T13-0828  Safety Zone; Mutiny Bay, Whidbey Island, WA.

    (a) Location. The safety zone is located within the Captain of the 
Port Puget Sound (COTP) zone (See 33 CFR 3.65-10) and will encompass 
all navigable waters, from the surface to the bottom, within a 1000-
yard radius of a barge anchored in position 47[deg]59'25.994'' N 
122[deg]35'06.817'' W in Mutiny Bay, Whidbey Island, WA. These 
coordinates are based 1984 World Geodetic System (WGS 84).
    (b) Definitions. 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 any Federal, State, and local officers designated by or 
assisting the COTP in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative. If permission is granted, all persons 
and vessels must comply with the instructions of the COTP or his 
designated representative and proceed at the minimum speed necessary to 
maintain a safe course while in the zone.
    (d) Enforcement period. This safety zone is in effect from 1 a.m. 
on September 26, 2022 through 10 p.m. on October 5, 2022. It will be 
subject to enforcement this entire period unless the COTP determines it 
is no longer needed, in which case the Coast Guard will inform mariners 
via Broadcast Notice to Mariners on VHF-FM marine channel 16.

    Dated: September 26, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-21204 Filed 9-29-22; 8:45 am]
BILLING CODE 9110-04-P