[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]
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