[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Rules and Regulations]
[Pages 17283-17285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05130]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0154]
RIN 1625-AA00


Safety Zone; Indian Island, Port Townsend Bay, 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 West of Indian Island in Port Townsend Bay, 
Washington. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards created by a naval 
exercise. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector Puget 
Sound.

DATES: This rule is effective from 7 a.m. on March 12, 2024, through 7 
p.m. March 14, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0154 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 about this rule, 
call or email LTJG Kaylee Lord, 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 of Sector 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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' 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 contrary to 
the public interest to publish a notice of proposed rulemaking 
regarding the movement of United States Navy vessels undergoing 
national security exercises in advance, as some of the movements are 
classified. It is impracticable for the Coast Guard to publish an NPRM 
because we must establish this safety zone by March 12, 2024 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    Also, 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 potential safety hazards associated with the naval exercise.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Puget Sound (COTP) has determined 
that potential hazards associated with the naval exercise starting 
March 12, 2024, will be a safety concern for anyone within a 100-yard 
radius of the exercise area. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the exercise is being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on March 12, 2024 
through 7 p.m. on March 14, 2024. The safety zone will cover all 
navigable waters bounded by the following coordinates: commencing west 
of Indian Island at latitude 48[deg]4'13.3'' N, longitude 
122[deg]46'37.5'' W: thence northernly to latitude 48[deg]5'43.6'' N, 
longitude 122[deg]47'4.1'' W: thence easterly to latitude 
48[deg]5'43.6'' N, longitude 122[deg]44'49.3'' W: thence south easterly 
to latitude 48[deg]5'17.7'' N, longitude 122[deg]44'40.5'' W: thence 
south westerly to latitude 48[deg]4'51.8'' N, longitude 
122[deg]45'19.1'' W: thence south easterly to latitude 48[deg]2'43.8'' 
N, longitude 122[deg]44'41.6'' W: thence westerly to latitude 
48[deg]2'37.1'' N, longitude 122[deg]45'33.5'' W: thence northerly to 
latitude 48[deg]3'35.6'' N, longitude 122[deg]45'50'' W to the point of 
beginning.
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters while the exercise 
is being conducted. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The regulated area consists 
of all navigable waterways within 100 yards of the established area in 
Port Townsend Bay, WA as previously listed. The safety zone will be 
enforced for a maximum of 36 hours total and thus is limited in time 
and scope. Although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the COTP or a designated representative, vessel 
traffic will be able to safely transit around this safety zone and the 
rule will allow vessels to seek permission to transit 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

[[Page 17284]]

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 lasting only 36 hours that will prohibit entry within 100 
yards of the designated area around the naval exercise. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. 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 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T13-0154 to read as follows:


Sec.  165.T13-0154  Safety Zone; Sector Puget Sound Captain of the Port 
Zone, Indian Island, Port Townsend Bay, Washington.

    (a) Location. The following area is a safety zone: all navigable 
waters bounded by the following coordinates: commencing west of Indian 
Island at latitude 48[deg]4'13.3'' N, longitude 122[deg]46'37.5'' W: 
thence northernly to latitude 48[deg]5'43.6'' N, longitude 
122[deg]47'4.1'' W: thence easterly to latitude 48[deg]5'43.6'' N, 
longitude 122[deg]44'49.3'' W: thence south easterly to latitude 
48[deg]5'17.7'' N, longitude 122[deg]44'40.5'' W: thence south westerly 
to latitude 48[deg]4'51.8'' N, longitude 122[deg]45'19.1'' W: thence 
south easterly to latitude 48[deg]2'43.8'' N, longitude 
122[deg]44'41.6'' W: thence westerly to latitude 48[deg]2'37.1'' N, 
longitude 122[deg]45'33.5'' W: thence northerly to latitude 
48[deg]3'35.6'' N, longitude 122[deg]45'50'' W to the point of 
beginning.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including 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.
    (c) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no vessel operator may enter, transit, moor, 
or anchor within this safety zone, except for vessels authorized by the 
COTP or designated representative.
    (d) Authorization. In order to transit through this safety zone, 
authorization must be granted by the COTP or their designated 
representative. All vessel operators desiring entry into this safety 
zone shall gain authorization by contacting either the on-scene U.S. 
Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast Guard Sector 
Puget Sound Joint Harbor Operations Center (JHOC) via telephone at 
(206) 217-6002. Requests shall indicate the reason why movement within 
the safety zone is

[[Page 17285]]

necessary and the vessel's arrival and/or departure facility name, pier 
and/or berth. Vessel operators granted permission to enter this safety 
zone will be escorted by the on-scene patrol until no longer within the 
safety zone.
    (e) Enforcement period. This rule will be enforced from 7 a.m. 
March 12, 2024 through 7 p.m. March 14, 2024.

    Dated: March 4, 2024.
Mark A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound.
[FR Doc. 2024-05130 Filed 3-8-24; 8:45 am]
BILLING CODE 9110-04-P