Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; Bellingham, WA, 15683-15685 [2015-06580]
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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.
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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 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 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:
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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
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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.
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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
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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
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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.
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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 https://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 https://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.
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 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 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
