Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; Bellingham, WA, 15683-15685 [2015-06580]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations however, that the firm may require its customers located in the U.S. to execute a consent concerning the exhaustion of certain mediation or conciliation procedures made available by the HKSFC prior to bringing an NFA arbitration proceeding; (f) Undertakes to comply with the applicable provisions of Hong Kong laws and HKSFC rules that form the basis upon which this exemption from certain provisions of the Act and regulations thereunder is granted; and (g) Consents to refuse those customers located in the U.S. the option of not segregating funds notwithstanding relevant provisions of Hong Kong law or regulations promulgated by the HKSFC. As set forth in the Commission’s September 11, 1997 Order delegating to NFA certain responsibilities, the written representations set forth in paragraph (2) shall be filed with NFA.9 Each firm seeking relief hereunder has an ongoing obligation to notify NFA should there be a material change to any of the representations required in the firm’s application for relief. This Order will become effective as to any designated HKSFC firm on the later of the date of publication of the Order in the Federal Register or the filing of the consents set forth in paragraphs (2)(a)–(f). Upon filing of the notice required under paragraph (1)(b) as to any such firm, the relief granted by this Order may be suspended immediately as to that firm. That suspension will remain in effect pending further notice by the Commission, or the Commission’s designee, to the firm and the HKSFC. This Order is issued pursuant to Regulation 30.10 based on the representations made and supporting material provided to the Commission and the recommendation of the staff, and is made effective as to any firm granted relief hereunder based upon the filings and representations of such firms required hereunder. Any material changes or omissions in the facts and circumstances pursuant to which this Order is granted might require the Commission to reconsider its finding that the standards for relief set forth in Regulation 30.10 and, in particular, Appendix A, have been met. Further, if experience demonstrates that the continued effectiveness of this Order in general, or with respect to a particular 9 62 FR 47792, 47793 (Sept. 11, 1997). Among other duties, the Commission authorized NFA to receive requests for confirmation of Regulation 30.10 relief on behalf of particular firms, to verify such firms’ fitness and compliance with the conditions of the appropriate Regulation 30.10 Order and to grant exemptive relief from registration to qualifying firms. VerDate Sep<11>2014 17:13 Mar 24, 2015 Jkt 235001 firm, would be contrary to public policy or the public interest, or that the systems in place for the exchange of information or other circumstances do not warrant continuation of the exemptive relief granted herein, the Commission may condition, modify, suspend, terminate, withhold as to a specific firm, or otherwise restrict the exemptive relief granted in this Order, as appropriate, on its own motion. The Commission will continue to monitor the implementation of its program to exempt firms located in jurisdictions generally deemed to have a comparable regulatory program from the application of certain of the foreign futures and option regulations and will make necessary adjustments if appropriate. Issued in Washington, DC, on March 19, 2015, by the Commission. Christopher J. Kirkpatrick, Secretary of the Commission. Appendix to Foreign Futures and Options Transactions—Commission Voting Summary On this matter, Chairman Massad and Commissioners Wetjen, Bowen, and Giancarlo voted in the affirmative. No Commissioner voted in the negative. [FR Doc. 2015–06687 Filed 3–24–15; 8:45 am] BILLING CODE 6351–01–P 15683 This rule is effective without actual notice from March 25, 2015 until April 1, 2015. For the purposes of enforcement, actual notice will be used from the date the rule was signed, March 11, 2015, until March 25, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2015–1058 to view documents mentioned in this preamble as being available in the docket, go to http:// 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 Petty Officer Ryan Griffin, Waterways Management Division, Coast Guard Sector Puget Sound; Coast Guard; telephone (206) 217–6051, email SectorPugetSoundWWM@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: DEPARTMENT OF HOMELAND SECURITY Table of Acronyms Coast Guard DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 33 CFR Part 165 [Docket Number USCG–2015–0158] RIN 1625–AA00 Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; Bellingham, WA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone around the barge ARCTIC CHALLENGER within the waters of the Captain of the Port Zone Puget Sound. This action is necessary to ensure the safety of the maritime public and the crews involved in operational testing of the Arctic Containment System, and will do so by prohibiting all persons and vessels not involved with the operational testing of the Arctic Containment System from entering, transiting, or remaining in the safety zone unless authorized by the Captain of the Port or his Designated Representative. SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 A. Regulatory History and Information The Coast Guard is issuing this temporary final 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, vessel crews, the vessels themselves, and the facilities prior to conclusion of a notice and comment period. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for E:\FR\FM\25MRR1.SGM 25MRR1 15684 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date until 30 days after publication would be impracticable, as such a delay would eliminate the safety zone’s effectiveness and usefulness in protecting waterway users, property, and the safe navigation of maritime traffic from the hazards associated with sea trials before 30 days have elapsed. asabaliauskas on DSK5VPTVN1PROD with RULES B. Basis and Purpose Coast Guard Captains of the Port are granted authority to establish safety and security zones in 33 CFR 1.05–1(f) for safety and environmental purposes, described in 33 CFR part 165. The ARCTIC CHALLENGER is a barge currently located at the Port of Bellingham that has been converted by Superior Energy Services for use in the Arctic drilling operations as a containment system that would respond in the event that a well blowout should occur. The ARCTIC CHALLENGER is scheduled to depart the Port of Bellingham to anchor inside the East Vendovi Island Anchorage site located in the Samish Bay. While at anchorage, the ARCTIC CHALLENGER will be conducting several operational tests of the Arctic Containment System. These operational tests are complex and will involve five different vessels in conducting deployment and recovery of containment dome systems and subsea pump operation and testing. As a result, the Coast Guard is establishing a temporary safety zone which is necessary to ensure the safety of the maritime public and workers involved in the operational tests. C. Discussion of the Final Rule The Coast Guard is establishing a temporary safety zone which encompasses all waters within 100 yards of the barge ARCTIC CHALLENGER, located in Samish Bay. Vessels not involved with the operational testing of the Arctic Containment System wishing to enter the zone must request permission for entry by contacting the Joint Harbor Operations Center at 206–217–6001, or the on-scene patrol craft via VHF–FM CH 13. Once permission for entry is granted, vessels must proceed at a minimum speed for safe navigation. 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. VerDate Sep<11>2014 17:13 Mar 24, 2015 Jkt 235001 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. This rule is not a significant regulatory action as the safety zone is limited both in size and duration. 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 will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 2. Impact on Small Entities 5. Federalism 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 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 will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the affected waterway during the period mentioned. This safety zone will not have a significant economic impact on a substantial number of small entities because the zone established in this rule is limited in size and duration. Further, vessels wishing to pass through the zone may do so with permission of the Captain of the Port. 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. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 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, 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 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 E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations List of Subjects in 33 CFR Part 165 minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of 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. asabaliauskas on DSK5VPTVN1PROD with RULES 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 a 100 yard safety zone around the barge ARCTIC CHALLENGER. The rule will prevent any vessel not involved with operational tests of the Arctic Containment System from approaching within 100 yards of ARCTIC CHALLENGER without permission of the Captain of the Port. This rule is categorically excluded from further review under paragraph 34(g) 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. VerDate Sep<11>2014 17:13 Mar 24, 2015 Jkt 235001 ACTION: 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: 15685 SUMMARY: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 is revised to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T13–285 to read as follows: ■ § 165.T13–285 Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; Bellingham, WA. (a) Location. The following areas are designated as a safety zone: All waters within 100 yards of the vessel ARCTIC CHALLENGER as it conducts operational tests of the Arctic Containment System within the waters of the Captain of the Port Zone Puget Sound. (b) Regulations. In accordance with the general regulations in subpart C of this part vessels not involved with the Arctic Containment System operational tests who wish to enter the zone must request permission for entry by contacting the Joint Harbor Operation Center at 206–217–6001 or the on-scene patrol craft on VHF–FM CH13. Once permission for entry is granted vessels must proceed at a minimum speed for safe navigation. (c) Dates. This rule is effective March 25, 2015 through April 1, 2015. It is enforceable from 12 a.m. on March 11, 2015 until 12 a.m. on April 1, 2015. Dated: March 11, 2015. M. W. Raymond, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2015–06580 Filed 3–24–15; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2014–0677; FRL–9924–33] 2-Propenoic acid, 2-methyl-, 2methylpropyl ester, homopolymer; Tolerance Exemption Environmental Protection Agency (EPA). AGENCY: Frm 00021 Fmt 4700 This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, 2-methylpropyl ester, homopolymer; when used as an inert ingredient in a pesticide chemical formulation. Evonik Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic acid, 2methyl-, 2-methylpropyl ester, homopolymer on food or feed commodities. This regulation is effective March 25, 2015. Objections and requests for hearings must be received on or before May 26, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). DATES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2014–0677, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. General Information A. Does this action apply to me? 40 CFR Part 180 PO 00000 Final rule. Sfmt 4700 You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15683-15685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06580]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0158]
RIN 1625-AA00


Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; Bellingham, 
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the barge ARCTIC CHALLENGER within the waters of the Captain of the 
Port Zone Puget Sound. This action is necessary to ensure the safety of 
the maritime public and the crews involved in operational testing of 
the Arctic Containment System, and will do so by prohibiting all 
persons and vessels not involved with the operational testing of the 
Arctic Containment System from entering, transiting, or remaining in 
the safety zone unless authorized by the Captain of the Port or his 
Designated Representative.

DATES: This rule is effective without actual notice from March 25, 2015 
until April 1, 2015. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 11, 2015, until 
March 25, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-1058 to view documents mentioned in this preamble as being 
available in the docket, go to http://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 Petty Officer Ryan Griffin, Waterways Management 
Division, Coast Guard Sector Puget Sound; Coast Guard; telephone (206) 
217-6051, email SectorPugetSoundWWM@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

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 is issuing this temporary final 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, vessel crews, the vessels themselves, and the 
facilities prior to conclusion of a notice and comment period.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

[[Page 15684]]

making this rule effective less than 30 days after publication in the 
Federal Register. Delaying the effective date until 30 days after 
publication would be impracticable, as such a delay would eliminate the 
safety zone's effectiveness and usefulness in protecting waterway 
users, property, and the safe navigation of maritime traffic from the 
hazards associated with sea trials before 30 days have elapsed.

B. Basis and Purpose

    Coast Guard Captains of the Port are granted authority to establish 
safety and security zones in 33 CFR 1.05-1(f) for safety and 
environmental purposes, described in 33 CFR part 165.
    The ARCTIC CHALLENGER is a barge currently located at the Port of 
Bellingham that has been converted by Superior Energy Services for use 
in the Arctic drilling operations as a containment system that would 
respond in the event that a well blowout should occur.
    The ARCTIC CHALLENGER is scheduled to depart the Port of Bellingham 
to anchor inside the East Vendovi Island Anchorage site located in the 
Samish Bay. While at anchorage, the ARCTIC CHALLENGER will be 
conducting several operational tests of the Arctic Containment System. 
These operational tests are complex and will involve five different 
vessels in conducting deployment and recovery of containment dome 
systems and subsea pump operation and testing. As a result, the Coast 
Guard is establishing a temporary safety zone which is necessary to 
ensure the safety of the maritime public and workers involved in the 
operational tests.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone which 
encompasses all waters within 100 yards of the barge ARCTIC CHALLENGER, 
located in Samish Bay.
    Vessels not involved with the operational testing of the Arctic 
Containment System wishing to enter the zone must request permission 
for entry by contacting the Joint Harbor Operations Center at 206-217-
6001, or the on-scene patrol craft via VHF-FM CH 13. Once permission 
for entry is granted, vessels must proceed at a minimum speed for safe 
navigation.

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. This rule is not a 
significant regulatory action as the safety zone is limited both in 
size and duration.

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 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 will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit the affected waterway during the period mentioned. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities because the zone established in 
this rule is limited in size and duration. Further, vessels wishing to 
pass through the zone may do so with permission of the Captain of the 
Port.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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, 
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 will 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 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

[[Page 15685]]

minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of 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 a 100 yard safety zone around the barge 
ARCTIC CHALLENGER. The rule will prevent any vessel not involved with 
operational tests of the Arctic Containment System from approaching 
within 100 yards of ARCTIC CHALLENGER without permission of the Captain 
of the Port. This rule is categorically excluded from further review 
under paragraph 34(g) 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.

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 is revised to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department 
of Homeland Security Delegation No. 0170.1.
0
2. Add Sec.  165.T13-285 to read as follows:

Sec.  165.T13-285  Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; 
Bellingham, WA.

    (a) Location. The following areas are designated as a safety zone: 
All waters within 100 yards of the vessel ARCTIC CHALLENGER as it 
conducts operational tests of the Arctic Containment System within the 
waters of the Captain of the Port Zone Puget Sound.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part vessels not involved with the Arctic Containment 
System operational tests who wish to enter the zone must request 
permission for entry by contacting the Joint Harbor Operation Center at 
206-217-6001 or the on-scene patrol craft on VHF-FM CH13. Once 
permission for entry is granted vessels must proceed at a minimum speed 
for safe navigation.
    (c) Dates. This rule is effective March 25, 2015 through April 1, 
2015. It is enforceable from 12 a.m. on March 11, 2015 until 12 a.m. on 
April 1, 2015.

    Dated: March 11, 2015.
M. W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-06580 Filed 3-24-15; 8:45 am]
 BILLING CODE 9110-04-P