Anchorages; Captain of the Port Puget Sound Zone, WA, 9811-9814 [2013-03121]
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Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), of the Small Business
Original amendment
submission date
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S. based enterprises to
compete with foreign-based enterprises.
This determination is based upon the
fact that the State submittal which is the
subject of this rule is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
Date of final
publication
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August 9, 2010 ..........................................
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February 12,
2013
BILLING CODE 4310–05–P
DATES:
33 CFR Part 110
[Docket No. USCG–2012–0159]
RIN 1625–AA01
Anchorages; Captain of the Port Puget
Sound Zone, WA
Coast Guard, DHS.
ACTION: Final rule.
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AGENCY:
This rule modifies the
description of four general anchorages
in Puget Sound and decreases the size
of five general anchorage areas. These
administrative changes clarify for the
public the boundaries and requirements
of anchorages. This ensures good order
and predictability within the anchorages
SUMMARY:
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This rule is effective March 14,
Documents mentioned in
this preamble are part of docket [USCG–
2012–0159]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
ADDRESSES:
Coast Guard
If
you have questions on this rule, call or
email Mr. Mark Ashley, Director Vessel
Traffic Service Puget Sound, Waterways
Management Division, Sector Puget
FOR FURTHER INFORMATION CONTACT:
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List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface
mining, Underground mining.
Dated: July 19, 2012.
Allen D. Klein,
Regional Director, Western Region.
For the reasons set out in the
preamble, 30 CFR part 944 is amended
as set forth below:
PART 944—UTAH
1. The authority citation for part 944
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 944.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of Final
Publication’’ to read as follows:
■
§ 944.15 Approval of Utah regulatory
program amendments.
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R645–100–200 Definition of Valid Existing Rights; R645–103–221; R645–103–
223; R645–103–224; R645–103–225; R645–103–230 through –240; 645–201–
328; 645–201–342; 645–300–133; 645–301–115; 645–301–411
2013.
DEPARTMENT OF HOMELAND
SECURITY
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
Citation/Description
of the Captain of the Port (COTP) Puget
Sound zone.
[FR Doc. 2013–03054 Filed 2–11–13; 8:45 am]
9811
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Sound, Coast Guard; telephone 206–
217–6046, email
Mark.E.Ashley@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
This rule
modifies the description of four general
anchorages in Puget Sound, decreases
the size of five general anchorage areas,
incorporates 33 CFR 110.229 into 33
CFR 110.230, and renames 33 CFR
110.230.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard published a notice of
proposed rulemaking (NPRM) on
October 2, 2012, in the Federal Register
(77 FR 60081). The Coast Guard
received no public comments in the
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docket and no requests for public
meetings.
B. Basis and Purpose
The legal basis for this rule is: 33
U.S.C. 471, 1221 through 1236, 2030,
2035, 2071; 33 CFR 1.05–1; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define anchorage grounds. The 1976
Puget Sound Area Anchorages
rulemaking defined 11 general and
explosive anchorages within the greater
Puget Sound area. These areas are
described using geographic points of
land and bearings and ranges as the
boundaries. This rule updates existing
anchorage descriptions using points of
latitude and longitude, which, with the
advent of Global Positioning System
(GPS), is more practical and accurate.
Also, changes to shore side
infrastructure, safety and security zones,
and environmentally sensitive areas
made some anchorage boundaries
impractical. This rule remedies such
impracticalities by reducing the size of
specified anchorages.
C. Discussion of Comments and
Changes and the Final Rule
The Coast Guard received no
comments in the docket for this
rulemaking. We made only one change
to the regulation as originally proposed,
which was to replace certain text in the
Commencement Bay General Anchorage
with geographic coordinates.
Specifically, we replaced the phrase ‘‘to
a point bearing 286°T from Hylebos
Waterway Light 1 at a distance of 450
yards’’ with the coordinates ‘‘latitude
47°17′18.36″ N, longitude 122°25′04.45″
W.’’ These are two equivalent ways to
discuss the same location. This change
is a non-substantive substitution that
does not change the size or shape of the
anchorage.
Other than the change above, the
Coast Guard made no changes to the
proposals discussed in the NPRM. This
rule adopts them as proposed.
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D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
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does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
orders. We do not expect this rule to
have significant impact because it is
administrative in nature and would not
alter current navigational practices on
the affected waterway.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 received no comments
from the Small Business Administration
on this rule. 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.
This rule would affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit this portion
of Puget Sound, the Strait of Juan de
Fuca, and adjoining waters. Because the
changes are only administrative in
nature, and will not alter current
navigational practices on the affected
waterway, the rule will not have
significant economic impact on a
substantial number of small entities.
3. Assistance for Small Entities
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 this 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, above.
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
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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.
4. Collection of Information
This rule does not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
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Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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14. 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
(NEPA)(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
administrative changes to an anchorage
regulation. This rule is categorically
excluded from further review under
paragraph 34(f) 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.
List of Subjects in 33 CFR Part 110
Anchorage Grounds.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
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PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
■
Authority: 33 U.S.C. 471, 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
§ 110.229
[Removed]
2. Remove § 110.229.
3. In § 110.230, revise the section
heading and paragraph (a) to read as
follows:
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§ 110.230 Anchorages, Captain of the Port
Puget Sound Zone, WA.
(a) Anchorage grounds. All
coordinates are expressed in North
American Datum 1983.
(1) Freshwater Bay Emergency
Anchorage. All waters of Freshwater
Bay and adjacent waters shoreward of a
line beginning at Observatory Point,
latitude 48°09′03″ N, longitude
123°38′12″ W; thence 000°T to latitude
48°09′36″ N, longitude 123°38′12″ W;
thence 090°T to latitude 48°09′36″ N,
longitude 123°33′27″ W; thence 180°T
ending at Angeles Point, latitude
48°09′00″ N, longitude 123°33′27″ W.
(i) This anchorage may only be
assigned to vessels experiencing an
emergency that requires anchoring.
Vessel emergencies include equipment
failures, cargo securing, etc. Vessels
requiring a customs inspection will not
be allowed to anchor in this area.
(ii) [Reserved.]
(2) Bellingham Bay Anchorages—(i)
General Anchorage. The waters of
Bellingham Bay within a circular area
with a radius of 2,000 yards, having its
center at latitude 48°44′14.39″,
longitude 122°32′26.62″.
(ii) Explosives Anchorage. The waters
of Bellingham Bay within a circular area
with a radius of 1,000 yards, having its
center at latitude 48°42′47.39″,
longitude 122°33′41.62″.
(3) Port Townsend Anchorages. (i)
Fair weather explosives anchorage area.
A circular area having a radius of 300
yards, whose center is at latitude
48°06′25.30″, longitude 122°43′50.60″.
(ii) Foul weather explosives
anchorage area. A circular area having
a radius of 300 yards, whose center is
at latitude 48°04′4.33″, longitude
122°44′56.60″.
(4) Holmes Harbor General
Anchorage. All waters of Holmes Harbor
lying south of a line between latitude
48°05′50″ N, longitude 122°31′24″ W;
thence 311°T to latitude 48°07′03″ N,
longitude 122°33′31″ W.
(5) Port Gardner General Anchorage.
All waters in a quadrilateral area
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bounded as follows: Beginning at
latitude 47° 58′57″ N, longitude
122°14′05″ W; thence 302°T to latitude
47°59′21.5″ N, longitude 122°15′02″ W;
thence 229°T to latitude 47°58′57″ N,
longitude 122°15′44″ W; thence 122°T to
latitude 47°58′32.5″ N, longitude
122°14′47″ W; thence 048°T to point of
origin.
(6) Thorndike Bay Emergency
Explosives Anchorage. All waters in a
quadrilateral area bounded as follows:
Beginning at latitude 47°47′59″ N,
longitude 122°43′30″ W; thence 270°T to
latitude 47°47′59″ N, longitude
122°44′30″ W; thence 180°T to latitude
47°47′30″ N, longitude 122°44′30″ W;
thence 090°T to latitude 47°7′30″ N,
longitude 122°43′30″ W, thence 000°T to
point of origin.
(7) Elliott Bay Anchorages—(i) Smith
Cove West General Anchorage. All
waters inside the area beginning at
latitude 47°38′20.44″ N, longitude
122°24′48.56″ W; thence 207T to
latitude 47°37′51.6″ N, longitude
122°25′10.5″ W; thence 124°T to latitude
47°36′56.2″ N, longitude 122°23′07″ W;
thence 000°T to latitude 47°37′59.5″ N,
longitude 122°23′07″ W; thence
northwest along the shoreline to the
point of origin.
(ii) Smith Cove East General
Anchorage. All waters inside the area
beginning at latitude 47°37′36.2″ N,
longitude 122°22′43″ W; thence 180°T to
latitude 47°36′56.2″ N, longitude
122°22′43″ W; thence 090°T to latitude
47°36′56.2″ N, longitude 122°21′22.5″
W, thence northwest along the shoreline
to the point of origin.
(iii) Elliott Bay East General
Anchorage. All waters inside the area
beginning at latitude 47°35′25.8″ N,
longitude 122°20′45.5″ W; thence 000°T
to latitude 47°35′55.85″ N, longitude
122°20′45.5″ W; thence 270°T to latitude
47°35′55.85″ N, longitude 122°21′30″ W;
thence 180°T to latitude 47°35′19.2″ N,
longitude 122°21′30″ W; thence east
along the shoreline to the point of
origin.
(iv) Elliott Bay West General
Anchorage. All waters inside the area
beginning at latitude 47°35′30″ N,
longitude 122°21′41″ W, thence 000°T to
latitude 47°35′45.5″ N, longitude
122°21′41″ W; thence 336°T to latitude
47°35′55.85″ N, longitude 122°21′48.5″
W; thence 270°T to latitude 47°35′55.85″
N, longitude 122°23′16.46″ W, thence
180°T to Duwamish Head thence
southeast following the shoreline to
latitude 47°35′30″ N, longitude
122°22′54.5″ W; thence 090°T to the
point of origin.
(8) Yukon Harbor General Anchorage.
All waters inside the area beginning at
latitude 47°33′54.66″ N, longitude
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122°31′54.68″ W; thence 106°T to
latitude 47°33′23″ N, longitude
122°29′05″ W; thence 180°T to latitude
47°32′39.5″ N, longitude 122°29′05″ W;
thence south along the eastern shoreline
of Blake Island to latitude 47°31′48″ N,
longitude 122°29′21″ W; thence 250°T to
latitude 47°31′20.5″ N, longitude
122°31′10″ W; thence west and north
along the Kitsap Peninsula shoreline to
the point of origin.
(9) Cherry Point General Anchorage.
The waters within a circular area with
a radius of 1600 yards, having its center
at latitude 48°48′29.39″ N, longitude
122°46’04.66’’ W.
(10) Anacortes General Anchorages.
(i) Anacortes East (ANE) Anchorage.
The waters within a circular area with
a radius of 600 yards, having its center
at 48°31′27″ N., 122°33′45″ W.
(ii) Anacortes Center (ANC)
Anchorage. The waters within a circular
area with a radius of 600 yards, having
its center at 48°30′54″ N, 122°34′06″ W.
(iii) Anacortes West (ANW)
Anchorage. The waters within a circular
area with a radius of 600 yards, having
its center at 48°31′09″ N, 122°34′55″ W.
(11) Cap Sante Tug and Barge General
Anchorage. The Cap Sante Tug and
Barge General Anchorage includes all
waters enclosed by a line connecting the
following points: 48°31′16″ N,
122°36′00″ W, which is approximately
the northeast tip of Cap Sante; then
southeast to 48°30′53″ N, 122°35′28″ W;
then west southwest to 48°30′45″ N,
122°35′52″ W, approximately the south
tip of Cap Sante; then north along the
shoreline to the point of origin.
(12) Hat Island Tug and Barge
General Anchorage. The Hat Island Tug
and Barge General Anchorage includes
all waters enclosed by a line connecting
the following points: 48°31′19″ N,
122°33′04″ W, near the west side of Hat
Island; then southwest to 48°30′37″ N,
122°33′38″ W; then east to 48°30′37″ N,
122°32′00″ W; then northwest to the
point of origin.
(13) Commencement Bay General
Anchorage. A quadrilateral area
bounded as follows: Beginning at
latitude 47°17′36.36″ N, longitude
122°26′04.45″ W; thence due south to
latitude 47°17′18.36″ N, longitude
122°26′04.45″ W; thence due east to
latitude 47° 17′18.36″ N, longitude
122°25′04.45″ W; thence due north to
latitude 47°17′32.36″ N, longitude
122°25′04.45″ W; thence west northwest
to the point of origin.
(14) Non-anchorage area Port Angeles
Harbor. Beginning at a point on the
shore at latitude 48°07′03.83″ N,
longitude 123°24′20.67″ W; thence to
latitude 48°07′38.43″ N, longitude
123°24′04.67″ W; thence to latitude
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48°07′36.03″ N, longitude 123°23′50.67″
W; thence to a point on the shoreline at
latitude 48°06′56.73″ N, longitude
123°24′08.67″ W.
(i) No vessel may anchor in this nonanchorage area at any time.
(ii) Dragging, seining, fishing, or other
activities which may foul underwater
installations within this non-anchorage
area are prohibited.
(iii) Vessels may transit this nonanchorage area, but must proceed by the
most direct route and without
unnecessary delay.
Note to paragraph (a)(14): The city of Port
Angeles will mark this area with signs on the
shoreline visible (during normal daylight) 1
mile to seaward reading, ‘‘Do not Anchor in
This Area.’’
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Dated: January 12, 2013.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2013–03121 Filed 2–11–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0031]
Drawbridge Operating Regulations;
Gulf Intracoastal Waterway, Belle
Chasse, LA
Coast Guard, DHS.
Notice for temporary deviation
from regulation; change of effective
period.
AGENCY:
ACTION:
The Coast Guard is modifying
the effective date of a published
temporary deviation from the operating
schedule that governs the Louisiana
State Route 23 (LA 23) vertical lift span
bridge, also known as the Judge Perez
Bridge, across the Gulf Intracoastal
Waterway (Algiers Alternate Route),
mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana. The modification of
the effective period is necessary to
further minimize the effects on
navigation caused by the temporary
deviation. The deviation is necessary to
complete scheduled repairs necessitated
by a bridge allision. This deviation
allows the bridge to remain closed to
navigation for eight consecutive days
starting February 23, 2013, in order to
perform scheduled maintenance.
DATES: This deviation amends the
deviation published at 78 FR 6208 on
January 30, 2013, and establishes the
SUMMARY:
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effective period of the deviation as being
from 6 a.m. on Saturday, February 23,
2013, until 6 a.m. on Sunday, March 3,
2013.
ADDRESSES: The docket for this notice,
USCG–2013–0042, is available online at
www.regulations.gov by typing in the
docket number in the ‘‘SEARCH’’ box
and clicking ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this notice. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email David Frank,
Bridge Administration Branch, Coast
Guard, telephone (504) 671–2128, email
David.m.frank@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: On
January 30, 2013, the Coast published a
notice of temporary deviation from
regulation in the Federal Register (78
FR 6208–6209). C.E.C., Inc, on behalf of
the Louisiana Department of
Transportation and Development
(LDOTD) has requested a temporary
deviation in order to perform
maintenance on the State Route 23 (LA
23) vertical lift span bridge, also known
as the Judge Perez Bridge, across the
Gulf Intracoastal Waterway (Algiers
Alternate Route), mile 3.8, at Belle
Chasse, Plaquemines Parish, Louisiana.
Now, C.E.C, on behalf of LDOTD has
requested to adjust the dates of the
impending closure forward one day to
better serve the general public with the
proposed closure. The modification of
the schedule has been vetted with
waterway users and no objections were
received with regards to the proposed
change in schedule. This modified
deviation will still allow the bridge to
remain closed to navigation for eight
consecutive days in order to perform
scheduled maintenance, but the start
date is now February 23, 2013, and the
end date is now March 3, 2013.
Notices of the deviation schedule will
be published in the Eighth Coast Guard
District Local Notice to Mariners and
will be broadcast via the Coast Guard
Broadcast Notice to Mariners System.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
E:\FR\FM\12FER1.SGM
12FER1
]]>Agencies
[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9811-9814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03121]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2012-0159]
RIN 1625-AA01
Anchorages; Captain of the Port Puget Sound Zone, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule modifies the description of four general anchorages
in Puget Sound and decreases the size of five general anchorage areas.
These administrative changes clarify for the public the boundaries and
requirements of anchorages. This ensures good order and predictability
within the anchorages of the Captain of the Port (COTP) Puget Sound
zone.
DATES: This rule is effective March 14, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0159]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Mark Ashley, Director Vessel Traffic Service Puget
Sound, Waterways Management Division, Sector Puget Sound, Coast Guard;
telephone 206-217-6046, email Mark.E.Ashley@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: This rule modifies the description of four
general anchorages in Puget Sound, decreases the size of five general
anchorage areas, incorporates 33 CFR 110.229 into 33 CFR 110.230, and
renames 33 CFR 110.230.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard published a notice of proposed rulemaking (NPRM) on
October 2, 2012, in the Federal Register (77 FR 60081). The Coast Guard
received no public comments in the
[[Page 9812]]
docket and no requests for public meetings.
B. Basis and Purpose
The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236,
2030, 2035, 2071; 33 CFR 1.05-1; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
define anchorage grounds. The 1976 Puget Sound Area Anchorages
rulemaking defined 11 general and explosive anchorages within the
greater Puget Sound area. These areas are described using geographic
points of land and bearings and ranges as the boundaries. This rule
updates existing anchorage descriptions using points of latitude and
longitude, which, with the advent of Global Positioning System (GPS),
is more practical and accurate. Also, changes to shore side
infrastructure, safety and security zones, and environmentally
sensitive areas made some anchorage boundaries impractical. This rule
remedies such impracticalities by reducing the size of specified
anchorages.
C. Discussion of Comments and Changes and the Final Rule
The Coast Guard received no comments in the docket for this
rulemaking. We made only one change to the regulation as originally
proposed, which was to replace certain text in the Commencement Bay
General Anchorage with geographic coordinates. Specifically, we
replaced the phrase ``to a point bearing 286[deg]T from Hylebos
Waterway Light 1 at a distance of 450 yards'' with the coordinates
``latitude 47[deg]17'18.36'' N, longitude 122[deg]25'04.45'' W.'' These
are two equivalent ways to discuss the same location. This change is a
non-substantive substitution that does not change the size or shape of
the anchorage.
Other than the change above, the Coast Guard made no changes to the
proposals discussed in the NPRM. This rule adopts them as proposed.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those orders. We do not expect this
rule to have significant impact because it is administrative in nature
and would not alter current navigational practices on the affected
waterway.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business
Administration on this rule. 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.
This rule would affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
this portion of Puget Sound, the Strait of Juan de Fuca, and adjoining
waters. Because the changes are only administrative in nature, and will
not alter current navigational practices on the affected waterway, the
rule will not have significant economic impact on a substantial number
of small entities.
3. Assistance for Small Entities
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 this 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,
above.
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.
4. Collection of Information
This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of
[[Page 9813]]
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA)(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 administrative changes to an anchorage
regulation. This rule is categorically excluded from further review
under paragraph 34(f) 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.
List of Subjects in 33 CFR Part 110
Anchorage Grounds.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
Sec. 110.229 [Removed]
0
2. Remove Sec. 110.229.
0
3. In Sec. 110.230, revise the section heading and paragraph (a) to
read as follows:
Sec. 110.230 Anchorages, Captain of the Port Puget Sound Zone, WA.
(a) Anchorage grounds. All coordinates are expressed in North
American Datum 1983.
(1) Freshwater Bay Emergency Anchorage. All waters of Freshwater
Bay and adjacent waters shoreward of a line beginning at Observatory
Point, latitude 48[deg]09'03'' N, longitude 123[deg]38'12'' W; thence
000[deg]T to latitude 48[deg]09'36'' N, longitude 123[deg]38'12'' W;
thence 090[deg]T to latitude 48[deg]09'36'' N, longitude
123[deg]33'27'' W; thence 180[deg]T ending at Angeles Point, latitude
48[deg]09'00'' N, longitude 123[deg]33'27'' W.
(i) This anchorage may only be assigned to vessels experiencing an
emergency that requires anchoring. Vessel emergencies include equipment
failures, cargo securing, etc. Vessels requiring a customs inspection
will not be allowed to anchor in this area.
(ii) [Reserved.]
(2) Bellingham Bay Anchorages--(i) General Anchorage. The waters of
Bellingham Bay within a circular area with a radius of 2,000 yards,
having its center at latitude 48[deg]44'14.39'', longitude
122[deg]32'26.62''.
(ii) Explosives Anchorage. The waters of Bellingham Bay within a
circular area with a radius of 1,000 yards, having its center at
latitude 48[deg]42'47.39'', longitude 122[deg]33'41.62''.
(3) Port Townsend Anchorages. (i) Fair weather explosives anchorage
area. A circular area having a radius of 300 yards, whose center is at
latitude 48[deg]06'25.30'', longitude 122[deg]43'50.60''.
(ii) Foul weather explosives anchorage area. A circular area having
a radius of 300 yards, whose center is at latitude 48[deg]04'4.33'',
longitude 122[deg]44'56.60''.
(4) Holmes Harbor General Anchorage. All waters of Holmes Harbor
lying south of a line between latitude 48[deg]05'50'' N, longitude
122[deg]31'24'' W; thence 311[deg]T to latitude 48[deg]07'03'' N,
longitude 122[deg]33'31'' W.
(5) Port Gardner General Anchorage. All waters in a quadrilateral
area bounded as follows: Beginning at latitude 47[deg] 58'57'' N,
longitude 122[deg]14'05'' W; thence 302[deg]T to latitude
47[deg]59'21.5'' N, longitude 122[deg]15'02'' W; thence 229[deg]T to
latitude 47[deg]58'57'' N, longitude 122[deg]15'44'' W; thence
122[deg]T to latitude 47[deg]58'32.5'' N, longitude 122[deg]14'47'' W;
thence 048[deg]T to point of origin.
(6) Thorndike Bay Emergency Explosives Anchorage. All waters in a
quadrilateral area bounded as follows: Beginning at latitude
47[deg]47'59'' N, longitude 122[deg]43'30'' W; thence 270[deg]T to
latitude 47[deg]47'59'' N, longitude 122[deg]44'30'' W; thence
180[deg]T to latitude 47[deg]47'30'' N, longitude 122[deg]44'30'' W;
thence 090[deg]T to latitude 47[deg]7'30'' N, longitude 122[deg]43'30''
W, thence 000[deg]T to point of origin.
(7) Elliott Bay Anchorages--(i) Smith Cove West General Anchorage.
All waters inside the area beginning at latitude 47[deg]38'20.44'' N,
longitude 122[deg]24'48.56'' W; thence 207T to latitude
47[deg]37'51.6'' N, longitude 122[deg]25'10.5'' W; thence 124[deg]T to
latitude 47[deg]36'56.2'' N, longitude 122[deg]23'07'' W; thence
000[deg]T to latitude 47[deg]37'59.5'' N, longitude 122[deg]23'07'' W;
thence northwest along the shoreline to the point of origin.
(ii) Smith Cove East General Anchorage. All waters inside the area
beginning at latitude 47[deg]37'36.2'' N, longitude 122[deg]22'43'' W;
thence 180[deg]T to latitude 47[deg]36'56.2'' N, longitude
122[deg]22'43'' W; thence 090[deg]T to latitude 47[deg]36'56.2'' N,
longitude 122[deg]21'22.5'' W, thence northwest along the shoreline to
the point of origin.
(iii) Elliott Bay East General Anchorage. All waters inside the
area beginning at latitude 47[deg]35'25.8'' N, longitude
122[deg]20'45.5'' W; thence 000[deg]T to latitude 47[deg]35'55.85'' N,
longitude 122[deg]20'45.5'' W; thence 270[deg]T to latitude
47[deg]35'55.85'' N, longitude 122[deg]21'30'' W; thence 180[deg]T to
latitude 47[deg]35'19.2'' N, longitude 122[deg]21'30'' W; thence east
along the shoreline to the point of origin.
(iv) Elliott Bay West General Anchorage. All waters inside the area
beginning at latitude 47[deg]35'30'' N, longitude 122[deg]21'41'' W,
thence 000[deg]T to latitude 47[deg]35'45.5'' N, longitude
122[deg]21'41'' W; thence 336[deg]T to latitude 47[deg]35'55.85'' N,
longitude 122[deg]21'48.5'' W; thence 270[deg]T to latitude
47[deg]35'55.85'' N, longitude 122[deg]23'16.46'' W, thence 180[deg]T
to Duwamish Head thence southeast following the shoreline to latitude
47[deg]35'30'' N, longitude 122[deg]22'54.5'' W; thence 090[deg]T to
the point of origin.
(8) Yukon Harbor General Anchorage. All waters inside the area
beginning at latitude 47[deg]33'54.66'' N, longitude
[[Page 9814]]
122[deg]31'54.68'' W; thence 106[deg]T to latitude 47[deg]33'23'' N,
longitude 122[deg]29'05'' W; thence 180[deg]T to latitude
47[deg]32'39.5'' N, longitude 122[deg]29'05'' W; thence south along the
eastern shoreline of Blake Island to latitude 47[deg]31'48'' N,
longitude 122[deg]29'21'' W; thence 250[deg]T to latitude
47[deg]31'20.5'' N, longitude 122[deg]31'10'' W; thence west and north
along the Kitsap Peninsula shoreline to the point of origin.
(9) Cherry Point General Anchorage. The waters within a circular
area with a radius of 1600 yards, having its center at latitude
48[deg]48'29.39'' N, longitude 122[deg]46'04.66'' W.
(10) Anacortes General Anchorages. (i) Anacortes East (ANE)
Anchorage. The waters within a circular area with a radius of 600
yards, having its center at 48[deg]31'27'' N., 122[deg]33'45'' W.
(ii) Anacortes Center (ANC) Anchorage. The waters within a circular
area with a radius of 600 yards, having its center at 48[deg]30'54'' N,
122[deg]34'06'' W.
(iii) Anacortes West (ANW) Anchorage. The waters within a circular
area with a radius of 600 yards, having its center at 48[deg]31'09'' N,
122[deg]34'55'' W.
(11) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31'16'' N, 122[deg]36'00'' W,
which is approximately the northeast tip of Cap Sante; then southeast
to 48[deg]30'53'' N, 122[deg]35'28'' W; then west southwest to
48[deg]30'45'' N, 122[deg]35'52'' W, approximately the south tip of Cap
Sante; then north along the shoreline to the point of origin.
(12) Hat Island Tug and Barge General Anchorage. The Hat Island Tug
and Barge General Anchorage includes all waters enclosed by a line
connecting the following points: 48[deg]31'19'' N, 122[deg]33'04'' W,
near the west side of Hat Island; then southwest to 48[deg]30'37'' N,
122[deg]33'38'' W; then east to 48[deg]30'37'' N, 122[deg]32'00'' W;
then northwest to the point of origin.
(13) Commencement Bay General Anchorage. A quadrilateral area
bounded as follows: Beginning at latitude 47[deg]17'36.36'' N,
longitude 122[deg]26'04.45'' W; thence due south to latitude
47[deg]17'18.36'' N, longitude 122[deg]26'04.45'' W; thence due east to
latitude 47[deg] 17'18.36'' N, longitude 122[deg]25'04.45'' W; thence
due north to latitude 47[deg]17'32.36'' N, longitude 122[deg]25'04.45''
W; thence west northwest to the point of origin.
(14) Non-anchorage area Port Angeles Harbor. Beginning at a point
on the shore at latitude 48[deg]07'03.83'' N, longitude
123[deg]24'20.67'' W; thence to latitude 48[deg]07'38.43'' N, longitude
123[deg]24'04.67'' W; thence to latitude 48[deg]07'36.03'' N, longitude
123[deg]23'50.67'' W; thence to a point on the shoreline at latitude
48[deg]06'56.73'' N, longitude 123[deg]24'08.67'' W.
(i) No vessel may anchor in this non-anchorage area at any time.
(ii) Dragging, seining, fishing, or other activities which may foul
underwater installations within this non-anchorage area are prohibited.
(iii) Vessels may transit this non-anchorage area, but must proceed
by the most direct route and without unnecessary delay.
Note to paragraph (a)(14): The city of Port Angeles will mark
this area with signs on the shoreline visible (during normal
daylight) 1 mile to seaward reading, ``Do not Anchor in This Area.''
* * * * *
Dated: January 12, 2013.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2013-03121 Filed 2-11-13; 8:45 am]
BILLING CODE 9110-04-P
