Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap, Elwood Point; Bremerton, WA, 18395-18397 [2017-07883]
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations
Dated: April 13, 2017.
M. B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
[FR Doc. 2017–07882 Filed 4–18–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Coast Guard
1. The authority citation for part 100
continues to read as follows:
■
33 CFR Part 165
Authority: 33 U.S.C. 1233.
[Docket Number USCG–2017–0313]
2. Add § 100.T08–0238 to read as
follows:
■
RIN 1625–AA00
jstallworth on DSK7TPTVN1PROD with RULES
§ 100.T08–0238 Special Local Regulation;
Ohio River MM 598.0–602.7, Louisville, KY.
(a) Special local regulated area. The
following area is a temporary special
local regulation for all navigable waters
of the Ohio River between mile 598.0
and mile 602.7 Louisville, KY,
extending the entire width of the Ohio
River.
(b) Effective dates. This special local
regulation is effective from 11 a.m. on
April 22, 2017 through 2 a.m. on April
23, 2017.
(c) Special local regulations. (1)
Vessels transiting the regulated area
from mm 598–602.7 must do so at the
slowest safe speed creating minimum
wake.
(2) Vessels are not permitted to
anchor within the navigation channel or
along the left descending bank between
mile 600 and mile 602.7.
(3) The Coast Guard will patrol the
regulated area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted via VHF–FM radio
channel 16 or by phone at 502–587–
8633.
(4) The Patrol Commander may forbid
and control the movement of all vessels
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(5) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(d) Informational broadcasts. The
COTP Ohio Valley or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the regulated
area as well as any changes in the
planned schedule.
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Safety Zone; Unexploded Ordnance
Detonation; Naval Base Kitsap, Elwood
Point; Bremerton, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a 500-yard temporary safety
zone on in vicinity of Naval Base Kitsap,
Elwood Point; Bremerton, WA. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the unexploded ordnance
detonation being conducted by the U.S.
Navy. The safety zone will prohibit any
person or vessel from entering or
remaining in the safety zone unless
authorized by the Captain of the Port or
a Designated Representative.
DATES: This rule is effective from 8 a.m.
on April 19, 2017 to 8 p.m. on April 20,
2017. It will only be enforced during
two periods: from 8 a.m. to 8 p.m. on
April 19, 2017, and from 8 a.m. to 8
p.m. on April 20, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0313 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 CWO Jeffrey Zappen, Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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U.S.C.
18395
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 (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 as a result of the
detonation of ordnance. The Captain of
the Port, Sector Puget Sound received
notice of the date of the planned
detonation on April 12, 2017.
Under 5 U.S.C. 553(b)(B), the Coast
Guard also finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because the danger associated with
detonating ordnance will occur on April
19, 2017, and this rule must be effective
to protect against those hazards on that
date.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port, Puget Sound has
determined that potential hazards
associated with the detonation will be a
safety concern for anyone transiting
through the location of the operation.
This rule is needed to ensure the safety
of the maritime public from hazards
associated with the unexploded
ordnance detonation in the vicinity of
Naval Base Kitsap, Elwood Point,
Bremerton, WA.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 a.m. on April 19,
2017 to 8 p.m. on April 20, 2017. It will
only be enforced during two periods:
From 8 a.m. to 8 p.m. on April 19, 2017,
and from 8 a.m. to 8 p.m. on April 20,
2017. The safety zone will cover all
navigable waters within 500 yards of
47°35′30.8″ N. 122°41′11.1″ W., which is
located at Point Elwood on Naval Base
Kitsap, located in Ostrich Bay, southern
end of Dyes Inlet. The duration of the
zone is intended to protect personnel,
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations
vessels, and the marine environment
from potential hazards created by the
unexploded ordnance detonation being
conducted by the U.S. Navy. The
Captain of the Port may use Broadcast
Notice to Mariners to grant general
permission to enter the zone within the
effective period of this rule once the
detonation is complete and the zone is
no longer needed.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. 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
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.
jstallworth on DSK7TPTVN1PROD 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 Special Marine Information
Broadcast 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
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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
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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 that is limited in
duration that will prohibit entry within
500 yards of the designated area. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. 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
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations
requirements, Security measures,
Waterways.
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
18397
I. Executive Order 13609 and International
Trade Analysis
J. Privacy Act
K. Regulation Identifier Number (RIN)
List of Subjects
49 CFR Parts 107 and 171
I. Civil Penalty Amendments
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. PHMSA–2016–0041 (HM–258D)]
■
1. The authority citation for part 165
continues to read as follows:
Hazardous Materials: Revision of
Maximum and Minimum Civil Penalties
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.
AGENCY:
Section 701 of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), Public Law 114–74, which
amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (the
Inflation Adjustment Act), Public Law
101–410, required that the Agency make
an initial catch-up adjustment with
subsequent annual adjustments to the
maximum and minimum civil penalties
set forth in 49 U.S.C. 5123(a) for a
knowing violation of the Federal
hazardous material transportation law
or a regulation, order, special permit, or
approval issued under that law. These
changes to the maximum and minimum
civil penalty amounts apply to
violations assessed on or after the
effective date of August 1, 2016. The
2015 Act also requires that the Agency
make subsequent annual adjustments
for inflation beginning in 2017, which
are to be published no later than January
15th of each subsequent year.
The Office of Management and
Budget’s (OMB) ‘‘Memorandum for the
Heads of Executive Departments and
Agencies, Implementation of the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015,’’ M–17–11,
provides guidance on how to update
agencies’ civil penalties pursuant to the
2015 Act. In order to complete the 2017
annual adjustment, agencies should
multiply each applicable penalty by the
multiplier (1.01636) and round to the
nearest dollar. The multiplier should be
applied to the most recent penalty
amount, i.e., the one that includes the
catch-up adjustment that the 2015 Act
required agencies to issue no later than
July 1, 2016.
Accordingly, PHMSA is revising the
references to the maximum and
minimum civil penalty amounts in 49
CFR 107.329, appendix A to subpart D
of 49 CFR part 107, and 49 CFR 171.1
to reflect the changes required by the
2015 Act:
2. Add § 165.T13–0313 to read as
follows:
■
(a) Location. The following area is
designated as a safety zone: all waters
within 500-yard radius of the
unexploded ordnance detonation, Naval
Base Kitsap, Elwood Point (47°35′30.8″
N, 122°41′11.1″ W); Bremerton, WA.
(b) Regulations. In accordance with
the general regulations in subpart C of
this part no person or vessel may enter
or remain in the safety zone unless
authorized by the Captain of the Port,
Puget Sound or a designated
representative. To request permission to
enter the safety zone, contact the Joint
Harbor Operations Center at 206–217–
6001, or the on-scene 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 a designated representative.
(c) Effective period. This section is
effective from 8 a.m. on April 19, 2017
to 8 p.m. on April 20, 2017. It will only
be enforced during two periods: From 8
a.m. to 8 p.m. on April 19, 2017, and
from 8 a.m. to 8 p.m. on April 20, 2017.
[FR Doc. 2017–07883 Filed 4–18–17; 8:45 am]
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BILLING CODE 9110–04–P
VerDate Sep<11>2014
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Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
PHMSA is revising the
maximum and minimum civil penalties
for a knowing violation of the Federal
hazardous material transportation law
or a regulation, order, special permit, or
approval issued under that law. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which amended the Federal Civil
Penalties Inflation Adjustment Act of
1990, required Agencies to update their
civil monetary penalties in August 2016
through an interim final rulemaking.
PHMSA has elected to do the 2017
update in a final rulemaking. Per this
final rule, the maximum civil penalty
for a knowing violation is now $78,376,
except for violations that result in death,
serious illness, or severe injury to any
person or substantial destruction of
property, for which the maximum civil
penalty is $182,877. In addition, the
minimum civil penalty amount for a
violation relating to training is now
$471.
SUMMARY:
§ 165.T13–0313 Safety Zone; Unexploded
Ordnance Detonation; Naval Base Kitsap;
Elwood Point; Bremerton, WA.
Dated: April 13, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
RIN 2137–AF23
DATES:
Effective Date: April 19, 2017.
FOR FURTHER INFORMATION CONTACT:
Shawn Wolsey, Office of Chief Counsel,
(202) 366–4400, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Civil Penalty Amendments
II. Justification for Final Rule
III. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
B. Executive Order 12866, Executive Order
13563, and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Environmental Assessment
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• Revising the maximum civil penalty
from $77,114 to $78,376 for a person who
knowingly violates the Federal hazardous
material transportation law or a regulation,
order, special permit, or approval issued
under that law.
• Revising the maximum civil penalty
from $179,933 to $182,877 for a person who
knowingly violates the Federal hazardous
material transportation law or a regulation,
order, special permit, or approval issued
under that law that results in death, serious
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]]>Agencies
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18395-18397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07883]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0313]
RIN 1625-AA00
Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap,
Elwood Point; Bremerton, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 500-yard temporary safety
zone on in vicinity of Naval Base Kitsap, Elwood Point; Bremerton, WA.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the unexploded ordnance
detonation being conducted by the U.S. Navy. The safety zone will
prohibit any person or vessel from entering or remaining in the safety
zone unless authorized by the Captain of the Port or a Designated
Representative.
DATES: This rule is effective from 8 a.m. on April 19, 2017 to 8 p.m.
on April 20, 2017. It will only be enforced during two periods: from 8
a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. to 8 p.m. on April
20, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0313 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 CWO Jeffrey Zappen, Waterways Management Division, U.S.
Coast Guard; 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 (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 as a result of the detonation of ordnance. The
Captain of the Port, Sector Puget Sound received notice of the date of
the planned detonation on April 12, 2017.
Under 5 U.S.C. 553(b)(B), the Coast Guard also finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the danger associated with
detonating ordnance will occur on April 19, 2017, and this rule must be
effective to protect against those hazards on that date.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Puget Sound has determined that
potential hazards associated with the detonation will be a safety
concern for anyone transiting through the location of the operation.
This rule is needed to ensure the safety of the maritime public from
hazards associated with the unexploded ordnance detonation in the
vicinity of Naval Base Kitsap, Elwood Point, Bremerton, WA.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. on April
19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced during
two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8 a.m.
to 8 p.m. on April 20, 2017. The safety zone will cover all navigable
waters within 500 yards of 47[deg]35'30.8'' N. 122[deg]41'11.1'' W.,
which is located at Point Elwood on Naval Base Kitsap, located in
Ostrich Bay, southern end of Dyes Inlet. The duration of the zone is
intended to protect personnel,
[[Page 18396]]
vessels, and the marine environment from potential hazards created by
the unexploded ordnance detonation being conducted by the U.S. Navy.
The Captain of the Port may use Broadcast Notice to Mariners to grant
general permission to enter the zone within the effective period of
this rule once the detonation is complete and the zone is no longer
needed.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. 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 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 Special Marine Information Broadcast 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 that is limited in duration that
will prohibit entry within 500 yards of the designated area. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. 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
[[Page 18397]]
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.T13-0313 to read as follows:
Sec. 165.T13-0313 Safety Zone; Unexploded Ordnance Detonation; Naval
Base Kitsap; Elwood Point; Bremerton, WA.
(a) Location. The following area is designated as a safety zone:
all waters within 500-yard radius of the unexploded ordnance
detonation, Naval Base Kitsap, Elwood Point (47[deg]35'30.8'' N,
122[deg]41'11.1'' W); Bremerton, WA.
(b) Regulations. In accordance with the general regulations in
subpart C of this part no person or vessel may enter or remain in the
safety zone unless authorized by the Captain of the Port, Puget Sound
or a designated representative. To request permission to enter the
safety zone, contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene 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 a designated representative.
(c) Effective period. This section is effective from 8 a.m. on
April 19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced
during two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8
a.m. to 8 p.m. on April 20, 2017.
Dated: April 13, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-07883 Filed 4-18-17; 8:45 am]
BILLING CODE 9110-04-P
