Safety Zones; Shell Arctic Drilling/Exploration Vessels, Puget Sound, WA, 68445-68447 [2015-28291]
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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations
2015. For the purposes of enforcement,
actual notice will be used from 6 a.m.
on October 12, 2015 until November 5,
2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0963] is
available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil.
DEPARTMENT OF HOMELAND
SECURITY
California
Department of Transportation has
requested a temporary change to the
operation of the Commodore Schuyler
F. Heim highway drawbridge, mile 4.9,
over Cerritos Channel, at Long Beach,
CA. The bridge will provide a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position until October 26, 2015. After
October 26, 2015, the bridge and
falsework will provide a vertical
clearance of 5 feet above Mean High
Water until the bridge and falsework are
removed completely from the waterway.
The bridge currently operates as
required by 33 CFR 117.147(a).
Navigation on the waterway is
commercial and recreational.
The bridge will be secured in the
closed-to-navigation position from 6
a.m. on October 12 to 6 p.m. on
November 25, 2015 while the bridge is
removed from the waterway. This
temporary deviation has been
coordinated with the waterway users.
No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies and Los
Angeles Harbor can be used as an
alternate route for vessels. The Coast
Guard will also inform the users of the
waterway by our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so
they can arrange their transits to
minimize any impact caused by the
temporary deviation.
The bridge will be removed from the
waterway and 33 CFR 117.147(a) will be
revised accordingly. This deviation from
the operating regulations is authorized
under 33 CFR 117.35.
ACTION:
jstallworth on DSK7TPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
Dated: October 12, 2015.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2015–28293 Filed 11–4–15; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
14:34 Nov 04, 2015
Jkt 238001
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0295]
RIN 1625–AA00
Safety Zones; Shell Arctic Drilling/
Exploration Vessels, Puget Sound, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing temporary safety zones
around the POLAR PIONEER and
NOBLE DISCOVERER, two vessels
associated with Royal Dutch Shell’s
(Shell) Arctic oil drilling and
exploration operations, as well as any
vessel actively engaged in towing or
escorting those vessels, while they are
located in the U.S. Territorial and
Internal Waters of the Sector Puget
Sound Captain of the Port Zone. The
safety zones created by this rule are
necessary to ensure the mutual safety of
all waterways users including the
specified vessels and those individuals
that may desire to exercise their First
Amendment rights relating to Shell’s
Arctic oil drilling and exploration
operations.
SUMMARY:
This rule is effective without
actual notice from November 5, 2015
through December 31, 2015. For the
purposes of enforcement, actual notice
will be used from the date the rule was
signed, October 23, 2015, through
November 5, 2015.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0295 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, U.S.
Coast Guard Sector Puget Sound;
telephone (206) 217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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
U.S.C. United States Code
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68445
II. Background Information and
Regulatory History
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 the vessels at issue will
be arriving in late October and a safety
zone is needed at that time to help
ensure the safety of all waterway users.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For reasons identical to those
described above, delaying the effective
date until 30 days after publication
would be impracticable since the
regulation is immediately necessary to
help ensure the safety of all waterway
users.
III. Legal Authority and Need for Rule
The legal basis for this rule is the
Coast Guard’s authority to establish
limited access areas is: 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. POLAR PIONEER and NOBLE
DISCOVERER are Shell contracted
vessels that are returning to the Puget
Sound region as a part of demobilizing
from oil drilling and exploration
operations in the Arctic over the spring
and summer of 2015. In the spring of
2015 a significant amount of First
Amendment activity related to Shell’s
arctic activities took place in both
Washington and Oregon and such
activity may occur again when the
vessels are in the Puget Sound. The
previous First Amendment activity
included the unauthorized boarding of a
Shell contracted vessel on the high seas
by Greenpeace members, the formation
of a ‘‘kayak flotilla’’ in the Puget Sound
to advocate against Shell’s operations in
the region including an attempt to block
POLAR PIONEER from leaving Seattle,
Washington, and the use of a ‘‘kayak
flotilla’’ as well as Greenpeace members
hanging from a bridge in Portland,
Oregon to prevent another Shell
contracted vessel from departing. Draft
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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations
restrictions, vessel maneuvering
characteristics, and geographic/
environmental conditions may constrain
the ability of large commercial vessels,
like the POLAR PIONEER and NOBLE
DISCOVERER, to maneuver in close
quarters with other vessels, particularly
small craft piloted by recreational
operators. Intentional close-in
interaction of these vessels will create
an increased risk of collision,
grounding, or personal injury for all
parties. This safety risk to all parties and
the port itself is best addressed by
mandating a minimum zone of
separation. For these reasons, the Coast
Guard believes that safety zones around
the POLAR PIONEER and NOBLE
DISCOVERER, as well as any vessel
actively engaged in towing or escorting
those vessels, are necessary to ensure
the safety of all waterways users.
IV. Discussion of the Rule
In this rule, the Coast Guard is
establishing safety zones around the
Shell contracted vessels POLAR
PIONEER and NOBLE DISCOVERER, as
well as any vessel actively engaged in
towing or escorting those vessels. The
safety zones are established in
subsection (a) of this temporary
regulation. Per subsection (a)(1), while
transiting, the safety zone around each
of the vessels will encompass all waters
within 500 yards of the vessels in all
directions from those vessels and any
other vessel actively engaged in towing
or escorting those vessels. Persons
and/or vessels that desire to enter these
safety zones 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 CH 16.
jstallworth on DSK7TPTVN1PROD with RULES
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
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
VerDate Sep<11>2014
14:34 Nov 04, 2015
Jkt 238001
Orders. This rule is not a significant
regulatory action as the safety zones are
limited in both size and duration and
any person and/or vessel needing to
transit through the safety zones may be
allowed to do so with the permission of
the Captain of the Port, Puget Sound.
B. 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
waterways when the safety zones are in
effect. The safety zones will not have a
significant economic impact on a
substantial number of small entities,
however, because the safety zones are
limited in both size and duration and
any person and/or vessel needing to
transit through the safety zones may be
allowed to do so with the permission of
the Captain of the Port, Puget Sound.
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.
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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
(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 the
establishment of temporary safety zones
to deal with an emergency situation that
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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations
is one week or longer in duration. 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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of all individuals
and supports the ability to congregate
and exercise First Amendment free
speech rights safely and without
interfering with other maritime traffic.
Of particular note, large vessels
operating in restricted waters cannot
maneuver freely, nor can they stop
immediately. As such, any First
Amendment activity taking place in
immediate proximity to such vessels
can quickly result in extremis.
Individuals that desire to exercise their
First Amendment rights are asked to do
so with full regard to vessel traffic
conditions and are requested to contact
the person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate their activities so that their
message can be heard, without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
Department of Veterans Affairs.
Direct final rule; confirmation of
effective date.
ACTION:
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.
2. Add § 165.T13–302 to read as
follows:
■
§ 165.T13–302 Safety Zones; Shell Arctic
Drilling/Exploration Vessels, Puget Sound,
WA.
jstallworth on DSK7TPTVN1PROD with RULES
BILLING CODE 9110–04–P
AGENCY:
1. The authority citation for part 165
continues to read as follows:
(a) Safety Zones—(1) Location. The
following areas are designated as safety
zones: All waters within 500 yards of
the following vessels while transiting
within the U.S. Territorial or Internal
Waters of the Sector Puget Sound
Captain of the Port Zone as defined in
33 CFR 3.65–10: NOBLE DISCOVERER,
POLAR PIONEER, and any other vessel
Jkt 238001
[FR Doc. 2015–28291 Filed 11–4–15; 8:45 am]
Exempting Mental Health Peer Support
Services From Copayments
■
14:34 Nov 04, 2015
Dated: October 23, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
RIN 2900–AP11
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
actively engaged in towing or escorting
those vessels.
(2) Regulations. In accordance with
the general regulations in subpart C of
this section, no persons or vessels may
enter these safety zones unless
authorized by the Captain of the Port,
Puget Sound or his designated
representative. To request permission to
enter one of these safety zones contact
the Joint Harbor Operations Center at
206–217–6001, or the on-scene Law
Enforcement patrol craft, if any, via
VHF–FM CH 16. If permission for entry
into one of these safety zones is granted,
vessels must proceed at a minimum
speed for safe navigation and in
accordance with any directions given by
the Captain of the Port, Puget Sound or
his designated representative.
(b) Dates. This rule will be enforced
from October 23, 2015 through
December 31, 2015.
The Department of Veterans
Affairs (VA) published a direct final rule
amending its regulation that governs VA
services that are not subject to
copayment requirements for inpatient
hospital care or outpatient medical care.
Specifically, the regulation is amended
to exempt mental health peer support
services from having any required
copayment. VA received no adverse
comments concerning the direct final
rule or its companion substantially
identical proposed rule published in the
Federal Register on the same date. This
document confirms that the direct final
rule became effective on January 27,
2015. In a companion document in this
issue of the Federal Register, we are
withdrawing as unnecessary the
proposed rule.
DATES: Effective Date: The effective date
of January 27, 2015, for the direct final
rule published November 28, 2014, 79
FR 70938, is confirmed.
SUMMARY:
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68447
FOR FURTHER INFORMATION CONTACT:
Kristin J. Cunningham, Director
Business Policy, Chief Business Office
(10NB6), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420; (202) 382–2508.
(This is not a toll-free number.)
In a direct
final rule published in the Federal
Register on November 28, 2014, 79 FR
70938, VA amended 38 CFR 17.108 to
eliminate copayments for mental health
peer support services. VA published a
companion substantially identical
proposed rule at 79 FR 70941, on the
same date to serve as a proposal for the
revisions in the direct final rule in case
adverse comments were received. The
direct final rule and proposed rule each
provided a 60-day comment period that
ended on January 27, 2015. No adverse
comments were received. Six comments
that supported the rulemaking were
received from the general public. One
commenter also urged VA to exempt
evidence-based, cost-effective primary
care services from having a required
copayment. This comment is outside the
scope of this rulemaking, and therefore,
VA is not making any changes to this
rulemaking based on this comment.
Under the direct final rule procedures
that were described in 79 FR 70938 and
79 FR 70941, the direct final rule
became effective on January 27, 2015,
because no adverse comments were
received within the comment period. In
a companion document in this issue of
the Federal Register, VA is withdrawing
the proposed rulemaking, RIN 2900–
AP10, published at 79 FR 70941, as
unnecessary.
SUPPLEMENTARY INFORMATION:
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Nabors II, Chief of Staff,
Department of Veterans Affairs,
approved this document on October 26,
2015, for publication.
Dated: November 2, 2015.
Michael P. Shores,
Chief Impact Analyst, Office of Regulation
Policy & Management, Office of the General
Counsel, Department of Veterans Affairs.
[FR Doc. 2015–28259 Filed 11–4–15; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68445-68447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28291]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0295]
RIN 1625-AA00
Safety Zones; Shell Arctic Drilling/Exploration Vessels, Puget
Sound, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones around
the POLAR PIONEER and NOBLE DISCOVERER, two vessels associated with
Royal Dutch Shell's (Shell) Arctic oil drilling and exploration
operations, as well as any vessel actively engaged in towing or
escorting those vessels, while they are located in the U.S. Territorial
and Internal Waters of the Sector Puget Sound Captain of the Port Zone.
The safety zones created by this rule are necessary to ensure the
mutual safety of all waterways users including the specified vessels
and those individuals that may desire to exercise their First Amendment
rights relating to Shell's Arctic oil drilling and exploration
operations.
DATES: This rule is effective without actual notice from November 5,
2015 through December 31, 2015. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, October 23,
2015, through November 5, 2015.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0295 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,
U.S. 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
U.S.C. United States Code
II. Background Information and Regulatory History
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 the vessels at issue will be arriving in late October
and a safety zone is needed at that time to help ensure the safety of
all waterway users.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For reasons identical to those
described above, delaying the effective date until 30 days after
publication would be impracticable since the regulation is immediately
necessary to help ensure the safety of all waterway users.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's authority to
establish limited access areas is: 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. POLAR PIONEER and NOBLE DISCOVERER are Shell
contracted vessels that are returning to the Puget Sound region as a
part of demobilizing from oil drilling and exploration operations in
the Arctic over the spring and summer of 2015. In the spring of 2015 a
significant amount of First Amendment activity related to Shell's
arctic activities took place in both Washington and Oregon and such
activity may occur again when the vessels are in the Puget Sound. The
previous First Amendment activity included the unauthorized boarding of
a Shell contracted vessel on the high seas by Greenpeace members, the
formation of a ``kayak flotilla'' in the Puget Sound to advocate
against Shell's operations in the region including an attempt to block
POLAR PIONEER from leaving Seattle, Washington, and the use of a
``kayak flotilla'' as well as Greenpeace members hanging from a bridge
in Portland, Oregon to prevent another Shell contracted vessel from
departing. Draft
[[Page 68446]]
restrictions, vessel maneuvering characteristics, and geographic/
environmental conditions may constrain the ability of large commercial
vessels, like the POLAR PIONEER and NOBLE DISCOVERER, to maneuver in
close quarters with other vessels, particularly small craft piloted by
recreational operators. Intentional close-in interaction of these
vessels will create an increased risk of collision, grounding, or
personal injury for all parties. This safety risk to all parties and
the port itself is best addressed by mandating a minimum zone of
separation. For these reasons, the Coast Guard believes that safety
zones around the POLAR PIONEER and NOBLE DISCOVERER, as well as any
vessel actively engaged in towing or escorting those vessels, are
necessary to ensure the safety of all waterways users.
IV. Discussion of the Rule
In this rule, the Coast Guard is establishing safety zones around
the Shell contracted vessels POLAR PIONEER and NOBLE DISCOVERER, as
well as any vessel actively engaged in towing or escorting those
vessels. The safety zones are established in subsection (a) of this
temporary regulation. Per subsection (a)(1), while transiting, the
safety zone around each of the vessels will encompass all waters within
500 yards of the vessels in all directions from those vessels and any
other vessel actively engaged in towing or escorting those vessels.
Persons and/or vessels that desire to enter these safety zones 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 CH 16.
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
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 zones are limited in both
size and duration and any person and/or vessel needing to transit
through the safety zones may be allowed to do so with the permission of
the Captain of the Port, Puget Sound.
B. 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 waterways when the safety zones are
in effect. The safety zones will not have a significant economic impact
on a substantial number of small entities, however, because the safety
zones are limited in both size and duration and any person and/or
vessel needing to transit through the safety zones may be allowed to do
so with the permission of the Captain of the Port, Puget Sound.
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 (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 the establishment of temporary safety
zones to deal with an emergency situation that
[[Page 68447]]
is one week or longer in duration. 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of all
individuals and supports the ability to congregate and exercise First
Amendment free speech rights safely and without interfering with other
maritime traffic. Of particular note, large vessels operating in
restricted waters cannot maneuver freely, nor can they stop
immediately. As such, any First Amendment activity taking place in
immediate proximity to such vessels can quickly result in extremis.
Individuals that desire to exercise their First Amendment rights are
asked to do so with full regard to vessel traffic conditions and are
requested to contact the person listed in the FOR FURTHER INTFORMATION
CONTACT section to coordinate their activities so that their message
can be heard, without jeopardizing the safety or security of people,
places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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.T13-302 to read as follows:
Sec. 165.T13-302 Safety Zones; Shell Arctic Drilling/Exploration
Vessels, Puget Sound, WA.
(a) Safety Zones--(1) Location. The following areas are designated
as safety zones: All waters within 500 yards of the following vessels
while transiting within the U.S. Territorial or Internal Waters of the
Sector Puget Sound Captain of the Port Zone as defined in 33 CFR 3.65-
10: NOBLE DISCOVERER, POLAR PIONEER, and any other vessel actively
engaged in towing or escorting those vessels.
(2) Regulations. In accordance with the general regulations in
subpart C of this section, no persons or vessels may enter these safety
zones unless authorized by the Captain of the Port, Puget Sound or his
designated representative. To request permission to enter one of these
safety zones contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene Law Enforcement patrol craft, if any, via VHF-FM
CH 16. If permission for entry into one of these safety zones is
granted, vessels must proceed at a minimum speed for safe navigation
and in accordance with any directions given by the Captain of the Port,
Puget Sound or his designated representative.
(b) Dates. This rule will be enforced from October 23, 2015 through
December 31, 2015.
Dated: October 23, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-28291 Filed 11-4-15; 8:45 am]
BILLING CODE 9110-04-P
