Safety Zone; Rich Passage, Manchester, WA, 65647-65649 [2015-27304]
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Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations
effective. 80 FR 55029 (September 14,
2015).
The Court of Appeals issued the
mandate directing the district court to
enter a new judgment in favor of the
Department on October 13, 2015. The
Department will therefore not bring
enforcement actions against any
employer for violations of FLSA
obligations resulting from the amended
domestic service regulations before
November 12, 2015.
This 30-day non-enforcement policy
does not replace or affect the timeline of
the Department’s existing time-limited
non-enforcement policy announced in
October 2014. 79 FR 60974. Therefore,
from November 12, 2015 through
December 31, 2015, the Department will
exercise prosecutorial discretion in
determining whether to bring
enforcement actions, with particular
consideration given to the extent to
which States and other entities have
made good faith efforts to bring their
home care programs into compliance
with the FLSA since the promulgation
of the Final Rule. The Department will
also continue to provide intensive
technical assistance to the regulated
community up to and after December
31, 2015, as it has since promulgation of
the Final Rule.
II. Regulatory Requirements
tkelley on DSK3SPTVN1PROD with RULES
This Policy Statement is guidance
articulating considerations relevant to
the Department’s exercise of its
enforcement authority under the FLSA.
It is therefore exempt from the noticeand-comment rulemaking requirements
under the Administrative Procedure Act
pursuant to 5 U.S.C. 553(b).
Because no notice of proposed
rulemaking is required, the Regulatory
Flexibility Act does not require an
initial or final regulatory flexibility
analysis. 5 U.S.C. 603(a), 604(a). The
Department has determined that this
guidance does not impose any new or
revise any existing recordkeeping,
reporting, or disclosure requirements on
covered entities or members of the
public that would be collections of
information requiring OMB approval
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq.
Dated: October 21, 2015.
David Weil,
Administrator, Wage and Hour Division.
[FR Doc. 2015–27332 Filed 10–26–15; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0943]
RIN 1625–AA00
Safety Zone; Rich Passage,
Manchester, WA
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone
encompassing all navigable waters
within a designed area in the vicinity of
the Manchester Fuel Piers, Manchester,
Washington. This safety zone is
necessary to ensure the safety of the
waterway users and participants of a
maritime training exercise. The
temporary safety zone will prohibit any
person or vessel not involved in the
training exercise from entering or
remaining in the safety zone unless
authorized by the Captain of the Port,
Puget Sound (COTP) or his designated
representative.
SUMMARY:
This rule is effective from 7 a.m.
on November 2, 2015 until 6 p.m. on
November 8, 2015. This rule shall be
enforced during actual training
operations occurring within the
effective period while exercise
participants are present in the safety
zone.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0943 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Kate Haseley,
Waterways Management Division, Coast
Guard Sector Puget Sound; telephone
206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR—Code of Federal Regulations
DHS—Department of Homeland Security
E.O.—Executive order
FR—Federal Register
NPRM—Notice of proposed rulemaking
Pub. L.—Public Law
§—Section
U.S.C.—United States Code
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65647
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (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 publishing an
NPRM would be impracticable as
delayed promulgation may result in
injury or damage to the maritime public
and response vessels prior to conclusion
of a notice and comment period.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be impracticable because
immediate action is needed to minimize
the potential impact to the waterway
users and emergency response
personnel involved in the training
exercise.
III. Legal Authority and Need for Rule
The Coast Guard has authority to
issue a rule under authority in 33 U.S.C.
1231. The Captain of the Port, Puget
Sound has determined that potential
hazards associated with the training
exercise will be a safety concern for
anyone transiting through the
operational location of the exercise. A
safety zone is needed to ensure the
safety of the maritime public and
emergency response vessels
participating in the exercise by
preventing collisions between
exercising vessels and the maritime
public, and by keeping the maritime
public a safe distance away from
elements associated with the exercise.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary safety zone that will
encompass all navigable waters within
an area established by the following
points: 47°34′13″ N., 122°32′12″ W.,
thence southeast to 47°33′41″ N.,
122°31′07″ W., thence southwest to
47°33′15″ N., 122°32′04″ W., thence
south to 47°31′49 N., 122°31′47″ W.,
thence west to 47°31′55″ N., 122°32′28″
W., thence north to 47°33′20″ N.,
122°32′29″ W., thence northeast to
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65648
Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations
47°34′08″ N., 122°32′17″ W., located
near the Manchester fuel piers,
Manchester, WA and is effective from 7
a.m. on November 2, 2015 until 6 p.m.
on November 8, 2015 when vessel
exercise participants are present in the
safety zone. Vessels wishing to enter the
safety zone must request permission to
do so from the Captain of the Port, Puget
Sound by contacting the Joint Harbor
Operations Center at 206–217–6001 or
the on-scene Law Enforcement patrol
craft, if any, via VHF–FM Channel 16.
If permission for entry is granted,
vessels must proceed at a minimum
speed for safe navigation.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
tkelley on DSK3SPTVN1PROD with RULES
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
This regulatory action determination
is based on the limited nature of the size
and duration of the temporary safety
zone. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM Channel 16 about the safety
zone and the rule allows vessels to seek
permission to enter the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
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reasons stated in section V above, this
rule will not have a significant
economic impact on any vessel owner
or operator, because the zone
established in this rule is limited in
nature of size and duration.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 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. If you
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believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone lasting less than
29 days that will prohibit entry into
various training exercise operations
within the designated area. It 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF COMMERCE
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
37 CFR Part 1
1. The authority citation for part 165
continues to read as follows:
RIN 0651–AC95
Patent and Trademark Office
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
[Docket No.: PTO–P–2014–0012]
Changes To Facilitate Applicant’s
Authorization of Access to
Unpublished U.S. Patent Applications
by Foreign Intellectual Property Offices
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
2. Add § 165.T13–300 to read as
follows:
■
§ 165.T13–300
WA
Safety Zone; Manchester,
tkelley on DSK3SPTVN1PROD with RULES
(a) Location. The temporary safety
zone established in this rule will
encompass all navigable waters within
an area established by the following
points: 47°34′13″ N., 122°32′12″ W.,
thence southeast to 47°33′41″ N.,
122°31′07″ W., thence southwest to
47°33′15″ N., 122°32′04″ W., thence
south to 47°31′49 N., 122°31′47″ W.,
thence west to 47°31′55″ N., 122°32′28″
W., thence north to 47°33′20″ N.,
122°32′29″ W., thence northeast to
47°34′08″ N., 122°32′17″ W., located
near the Manchester fuel piers,
Manchester, WA.
(b) Regulations. In accordance with
the general regulations in 33 CFR 165,
Subpart C, no person or vessel may
enter or remain in the safety zone unless
authorized by the Captain of the Port,
Puget Sound or his designated
representative. To request permission to
enter the safety zone, contact the Joint
Harbor Operations Center at 206–217–
6001, or the on-scene Law Enforcement
patrol craft, if any, via VHF–FM
Channel 16. If permission for entry into
the safety zone is granted, vessels or
persons must proceed at the minimum
speed for safe navigation and in
compliance with any other directions
given by the Captain of the Port, Puget
Sound or his designated representative.
(c) Dates. This rule is effective from
7 a.m. on November 2, 2015 until 6 p.m.
on November 8, 2015. This rule shall be
enforced during actual training
operations occurring within the
effective period while exercise
participants are present in the safety
zone.
Dated: October 9, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2015–27304 Filed 10–26–15; 8:45 am]
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The electronic sharing of
information and documents between
intellectual property (IP) offices is
critical for increasing the efficiency and
quality of patent examination
worldwide. Current examples of this
sharing include the priority document
exchange (PDX) program and the
program by which U.S. search results
are delivered to the European Patent
Office (EPO). In support of electronic
file sharing, the United States Patent
and Trademark Office (Office) is
revising its rules of practice to include
a specific provision by which an
applicant can authorize the Office to
give a foreign IP office that is a party to
an agreement with the Office access to
all or part of the file contents of an
unpublished U.S. patent application in
order to satisfy a requirement for
information imposed on a counterpart
application filed with the foreign IP
office. Previously, for unpublished U.S.
patent applications, applicants followed
one regulatory provision to provide the
Office with authorization for a foreign IP
office to access an application-as-filed
and followed another regulatory
provision to provide the Office with
authorization to share the file contents
with a foreign IP office. The final rule
changes consolidate the specific
provisions of the regulations by which
applicants give the Office authority to
provide a foreign IP office with access
to an application in order to satisfy a
requirement for information of the
foreign IP office. The Office is also
revising the rules of practice to indicate
there is no fee for providing a foreign IP
office with an electronic copy of an
application-as-filed or an electronic
copy of file contents pursuant to a
bilateral or multilateral agreement.
Additionally, along with changes to the
application data sheet (ADS) form, the
final rule changes simplify the process
for how applicants provide the Office
with the required authorization, thereby
reducing the resources applicants must
SUMMARY:
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65649
expend to comply with these foreign IP
office requirements, and enhance the
quality of patent examination.
DATES: Effective Date: The changes in
this final rule are effective on November
30, 2015. The revised ADS form (PTO/
AIA/14) will be posted on the Office’s
Web site on or before the effective date.
Applicability Date: The changes to 37
CFR 1.14(h) apply to all patent
applications filed before November 30,
2015, and to all patent applications filed
on or after November 30, 2015.
FOR FURTHER INFORMATION CONTACT:
Susy Tsang-Foster, Senior Legal Advisor
(telephone (571) 272–7711; electronic
mail message (susy.tsang-foster@
uspto.gov)) or Joseph F. Weiss, Jr.,
Senior Legal Advisor (telephone (571)
272–2259; electronic mail message
(joseph.weiss@uspto.gov)), of the Office
of Patent Legal Administration, Office of
the Deputy Commissioner for Patent
Examination Policy.
SUPPLEMENTARY INFORMATION:
Executive Summary: Purpose: 37 CFR
1.14(h) regulates access by foreign IP
offices to U.S. applications. Formerly,
37 CFR 1.14(h) contained only a specific
provision by which an applicant could
authorize the Office to give a foreign IP
office participating with the Office in a
bilateral or multilateral priority
document exchange agreement access to
a U.S. application-as-filed. 37 CFR
1.14(h) is now expanded to also include
a specific provision by which, under
certain circumstances, an applicant can
authorize the Office to give a foreign IP
office access to all or part of the file
contents of a U.S. patent application in
order to satisfy the foreign IP office’s
requirement for information.
Summary of Major Provisions: This
final rule primarily provides a specific
provision by which an applicant can
authorize the Office to provide a foreign
IP office access to all or part of the file
contents of a U.S. patent application
where the foreign IP office has imposed
a requirement for information on a
counterpart application filed with that
office and is a party to a bilateral or
multilateral agreement with the Office
to provide the required information
from the U.S. application.
This final rule also revises the rules
of practice to indicate that there is no
fee for providing a foreign IP office with
an electronic copy of an application-asfiled or an electronic copy of file
contents pursuant to a bilateral or
multilateral agreement. Previously, the
regulations only indicated that there
was no fee for providing a foreign IP
office with a copy of an application-asfiled pursuant to a priority document
exchange agreement.
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Agencies
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65647-65649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27304]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0943]
RIN 1625-AA00
Safety Zone; Rich Passage, Manchester, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing all navigable waters within a designed area in the
vicinity of the Manchester Fuel Piers, Manchester, Washington. This
safety zone is necessary to ensure the safety of the waterway users and
participants of a maritime training exercise. The temporary safety zone
will prohibit any person or vessel not involved in the training
exercise from entering or remaining in the safety zone unless
authorized by the Captain of the Port, Puget Sound (COTP) or his
designated representative.
DATES: This rule is effective from 7 a.m. on November 2, 2015 until 6
p.m. on November 8, 2015. This rule shall be enforced during actual
training operations occurring within the effective period while
exercise participants are present in the safety zone.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0943 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Kate Haseley, Waterways Management Division,
Coast Guard Sector Puget Sound; telephone 206-217-6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR--Code of Federal Regulations
DHS--Department of Homeland Security
E.O.--Executive order
FR--Federal Register
NPRM--Notice of proposed rulemaking
Pub. L.--Public Law
Sec. --Section
U.S.C.--United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (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 publishing an NPRM would be impracticable as
delayed promulgation may result in injury or damage to the maritime
public and response vessels prior to conclusion of a notice and comment
period.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable because immediate action is
needed to minimize the potential impact to the waterway users and
emergency response personnel involved in the training exercise.
III. Legal Authority and Need for Rule
The Coast Guard has authority to issue a rule under authority in 33
U.S.C. 1231. The Captain of the Port, Puget Sound has determined that
potential hazards associated with the training exercise will be a
safety concern for anyone transiting through the operational location
of the exercise. A safety zone is needed to ensure the safety of the
maritime public and emergency response vessels participating in the
exercise by preventing collisions between exercising vessels and the
maritime public, and by keeping the maritime public a safe distance
away from elements associated with the exercise.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone that will
encompass all navigable waters within an area established by the
following points: 47[deg]34'13'' N., 122[deg]32'12'' W., thence
southeast to 47[deg]33'41'' N., 122[deg]31'07'' W., thence southwest to
47[deg]33'15'' N., 122[deg]32'04'' W., thence south to 47[deg]31'49 N.,
122[deg]31'47'' W., thence west to 47[deg]31'55'' N., 122[deg]32'28''
W., thence north to 47[deg]33'20'' N., 122[deg]32'29'' W., thence
northeast to
[[Page 65648]]
47[deg]34'08'' N., 122[deg]32'17'' W., located near the Manchester fuel
piers, Manchester, WA and is effective from 7 a.m. on November 2, 2015
until 6 p.m. on November 8, 2015 when vessel exercise participants are
present in the safety zone. Vessels wishing to enter the safety zone
must request permission to do so from the Captain of the Port, Puget
Sound by contacting the Joint Harbor Operations Center at 206-217-6001
or the on-scene Law Enforcement patrol craft, if any, via VHF-FM
Channel 16. If permission for entry is granted, vessels must proceed at
a minimum speed for safe navigation.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the limited nature
of the size and duration of the temporary safety zone. Moreover, the
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
Channel 16 about the safety zone and the rule allows vessels to seek
permission to enter the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section V
above, this rule will not have a significant economic impact on any
vessel owner or operator, because the zone established in this rule is
limited in nature of size and duration.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a temporary safety zone lasting less than 29 days that
will prohibit entry into various training exercise operations within
the designated area. It 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. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 65649]]
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T13-300 to read as follows:
Sec. 165.T13-300 Safety Zone; Manchester, WA
(a) Location. The temporary safety zone established in this rule
will encompass all navigable waters within an area established by the
following points: 47[deg]34'13'' N., 122[deg]32'12'' W., thence
southeast to 47[deg]33'41'' N., 122[deg]31'07'' W., thence southwest to
47[deg]33'15'' N., 122[deg]32'04'' W., thence south to 47[deg]31'49 N.,
122[deg]31'47'' W., thence west to 47[deg]31'55'' N., 122[deg]32'28''
W., thence north to 47[deg]33'20'' N., 122[deg]32'29'' W., thence
northeast to 47[deg]34'08'' N., 122[deg]32'17'' W., located near the
Manchester fuel piers, Manchester, WA.
(b) Regulations. In accordance with the general regulations in 33
CFR 165, Subpart C, no person or vessel may enter or remain in the
safety zone unless authorized by the Captain of the Port, Puget Sound
or his designated representative. To request permission to enter the
safety zone, contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene Law Enforcement patrol craft, if any, via VHF-FM
Channel 16. If permission for entry into the safety zone is granted,
vessels or persons must proceed at the minimum speed for safe
navigation and in compliance with any other directions given by the
Captain of the Port, Puget Sound or his designated representative.
(c) Dates. This rule is effective from 7 a.m. on November 2, 2015
until 6 p.m. on November 8, 2015. This rule shall be enforced during
actual training operations occurring within the effective period while
exercise participants are present in the safety zone.
Dated: October 9, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-27304 Filed 10-26-15; 8:45 am]
BILLING CODE 9110-04-P