Temporary Safety Zone for Explosive Dredging; Tongass Narrows, Ketchikan, AK, 69328-69330 [2019-27195]
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
§ 165.T11–013 Security Zone; San Diego
Bay; San Diego, CA.
(a) Location. The following area is a
security zone: All navigable waters of
San Diego Bay within a 100-yards radius
around the military vessel moored at
berth four of the 10th Avenue Marine
Terminal located at 32°41′56.6″ N and
117°9′31.9″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector San Diego (COTP) in the
enforcement of the security zone.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter the security
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Chnnel 16. Those
in the security zone must comply with
all lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement. This section will be
enforced from 7 a.m. until noon on
December 18, 2019.
[FR Doc. 2019–27353 Filed 12–17–19; 8:45 am]
khammond on DSKJM1Z7X2PROD with RULES
BILLING CODE 9110–04–P
[Docket Number USCG–2019–0838]
RIN 1625–AA00
Temporary Safety Zone for Explosive
Dredging; Tongass Narrows,
Ketchikan, AK
2. Add § 165.T11–013 to read as
follows:
■
Dated: December 12, 2019.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
33 CFR Part 165
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Tongass Narrows.
This action is necessary to provide for
the safety of life on all navigable waters
of the Tongass Narrows, from shoreline
to shoreline, within a 500-yard radius of
the Pinnacle Rock before, during, and
after the scheduled operation between
December 16, 2019 and January 31,
2020. This temporary final rule
prohibits persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Southeast Alaska or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from December 18, 2019
through January 31, 2020. For the
purposes of enforcement, actual notice
will be used from December 16, 2019
through December 18, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0838 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 LT Jesse Collins, Sector Juneau
Waterways Management Division, U.S.
Coast Guard; telephone 907–463–2846,
email Jesse.O.Collins@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Southeast Alaska
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
Contract Drilling & Blasting LLC
notified the Coast Guard that it will be
conducting explosive dredging from 30
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15:51 Dec 17, 2019
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minutes after sunrise to one hour before
sunset between December 16, 2019 and
January 31, 2020. The operation will
take place approximately 300 yards
southwest of Berth II in Ketchikan, AK.
Hazards from explosive dredging
include concussive forces. The COTP
has determined that potential hazards
associated with the explosives to be
used in this operation would be a safety
concern for anyone above the water’s
surface within a 500-yard radius of
Pinnacle Rock (located at approximately
latitude 55°20′37″ N, longitude
131°38′96″ W).
In response, on November 22, 2019,
the Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Temporary Safety Zone for Explosive
Dredging, Tongass Narrows, Ketchikan,
AK’’ (84 FR 64445). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this safety zone. During
the comment period that ended
December 9, 2019, we received eight
comments.
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. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
protect the public from the potential
safety hazards associated with the
explosive dredging operation, which is
scheduled to begin on December 16,
2019.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that potential hazards
associated with the explosives to be
used in this operation would be a safety
concern for anyone above the water’s
surface within a 500-yard radius of
Pinnacle Rock (located at approximately
latitude 55°20′37″ N, longitude
131°38′96″ W). The purpose of this
rulemaking is to ensure the safety of
vessels and the navigable waters of the
Tongass Narrows, from shoreline to
shoreline, within a 500-yard radius of
Pinnacle Rock before, during, and after
the scheduled operation December 16,
2019 and January 31, 2020.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received eight
comments on our NPRM published on
November 22, 2019. Five comments
were supportive. Three comments
raised concerns regarding the
operation’s affect on marine wildlife.
We considered these comments and
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
believe the City of Ketchikan has a
sufficient and comprehensive plan to
protect marine wildlife from harm; the
city will employ mitigation measures to
include having three dedicated, fulltime Protected Species Observers to
monitor the area and will have
designated shut down zones where
operations will cease if Alaskan marine
mammals are observed. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a safety zone
from 30 minutes after sunrise to one
hour before sunset between December
16, 2019 and January 31, 2020. The
safety zone would cover all navigable
waters within 500 yards of Pinnacle
Rock during explosive dredging
operations in the Tongass Narrows
located approximately 300 yards
southwest of Berth II in Ketchikan, AK.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the daily 35-minute period of
explosive dredging. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. The regulatory text
appears at the end of this document.
khammond on DSKJM1Z7X2PROD with RULES
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
time-of-day and time-of-year of the
safety zone. Vessel traffic would be able
to safely transit around this safety zone,
south of Pennock Island, which would
impact a small designated area of the
Tongass Narrows for less than one hour
VerDate Sep<11>2014
15:51 Dec 17, 2019
Jkt 250001
per day when Contract Drilling &
Blasting LLC would decide to detonate
the explosives. The Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
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 received no comments
from the Small Business Administration
on this rulemaking. 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.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 call or email 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).
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69329
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 safety
zone lasting less than an hour daily for
47 days that would prohibit entry
within 500 yards of an explosive
dredging operation in the Tongass
Narrows. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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.T17–0838 to read as
follows:
■
khammond on DSKJM1Z7X2PROD with RULES
§ 165.T17–0838 Safety Zone for Explosive
Dredging Operations; Tongass Narrows,
Ketchikan, AK.
(a) Location. The following area is a
safety zone: All navigable waters of the
Tongass Narrows, from shoreline to
shoreline, within a 500-yard radius of
Pinnacle Rock (located at approximately
latitude 55°20′37″ N, longitude
131°38′96″ W) before, during, and after
the scheduled operation between
December 16, 2019 and January 31,
2020.
(b) Definitions. As used in this
section:
(1) Captain of the Port (COTP) means
the Commander, U.S. Coast Guard
Sector Juneau.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Southeast Alaska to assist in enforcing
the safety zone described in paragraph
(a) of this section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
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15:51 Dec 17, 2019
Jkt 250001
section unless authorized by the COTP
or the COTP’s designated representative.
All vessels underway within this safety
zone at the time it is activated are to
depart the zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
designated representative by telephone
at 907–463–2980 or on Marine Band
Radio VHF–FM channel 16 (156.8
MHz). The Coast Guard vessels
enforcing this section can be contacted
on Marine Band Radio VHF–FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement. This safety zone may
be enforced during the period described
in paragraph (f) of this section. Contract
Drilling & Blasting LLC will have two
safety vessels on-scene near the location
described in paragraph (a) of this
section.
(f) Enforcement period. This section
may be enforced from 30 minutes after
sunrise to one hour before sunset
between December 16, 2019, and
January 31, 2020, during explosive
dredging operations by Contract Drilling
& Blasting LLC.
Dated: December 10, 2019.
Stephen R. White,
Captain, U.S. Coast Guard, Captain of the
Port Southeast Alaska.
[FR Doc. 2019–27195 Filed 12–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. PTO–T–2017–0004]
RIN 0651–AD15
Changes to the Trademark Rules of
Practice To Mandate Electronic Filing
Patent and Trademark Office,
Commerce.
ACTION: Final rule; delay of effective
date.
AGENCY:
On July 31, 2019, the United
States Patent and Trademark Office
published in the Federal Register a final
rule amending the regulations to
mandate electronic filing of trademark
applications and all submissions
associated with trademark applications
SUMMARY:
PO 00000
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and registrations, and to require the
designation of an email address for
receiving USPTO correspondence, with
limited exceptions. That final rule had
an effective date of October 5, 2019,
which was subsequently delayed until
December 21, 2019. A correction to the
July 31, 2019 rule was published on
December 13, 2019 and is also effective
on December 21, 2019. This action
further delays the effective date of the
both the July 31, 2019 final rule, and the
December 13, 2019 correction, until
February 15, 2020.
The effective date of the final
rule published on July 31, 2019 (84 FR
37081), delayed on October 2, 2019 (84
FR 52363), is further delayed from
December 21, 2019 to February 15,
2020. The correction published on
December 13, 2019 (84 FR 68045), is
delayed from December 21, 2019 to
February 15, 2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, TMFRNotices@
uspto.gov, (571) 272–8946.
On July
31, 2019, the United States Patent and
Trademark Office (USPTO) published in
the Federal Register (84 FR 37081, July
31, 2019) a final rule amending the
regulations to mandate electronic filing
of trademark applications and all
submissions associated with trademark
applications and registrations, and to
require the designation of an email
address for receiving USPTO
correspondence, with limited
exceptions. The effective date of the July
31, 2019 rule was delayed from October
5, 2019 until December 21, 2019 (84 FR
52363, October 2, 2019). A correction to
the July 31, 2019 rule was published on
December 13, 2019 (84 FR 68045) and
is also effective on December 21, 2019.
In response to recent feedback
received from external stakeholders
regarding their need to more fully
comprehend the nature of, and prepare
to comply with, the new requirements
before they become effective, the
effective date of both the July 31, 2019
final rule and the December 13, 2019
correction is being delayed until
February 15, 2020. This final rule will
also allow the USPTO additional time to
ensure that internal implementation of
the requirements associated with the
mandate that applicants and registrants
electronically file their trademark
applications and all submissions
associated with trademark applications
and registrations, and that they
designate an email address for receiving
USPTO correspondence, is in place.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\18DER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Rules and Regulations]
[Pages 69328-69330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27195]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0838]
RIN 1625-AA00
Temporary Safety Zone for Explosive Dredging; Tongass Narrows,
Ketchikan, AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Tongass Narrows. This action is necessary to
provide for the safety of life on all navigable waters of the Tongass
Narrows, from shoreline to shoreline, within a 500-yard radius of the
Pinnacle Rock before, during, and after the scheduled operation between
December 16, 2019 and January 31, 2020. This temporary final rule
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Southeast Alaska or a designated
representative.
DATES: This rule is effective without actual notice from December 18,
2019 through January 31, 2020. For the purposes of enforcement, actual
notice will be used from December 16, 2019 through December 18, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0838 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 LT Jesse Collins, Sector Juneau Waterways Management
Division, U.S. Coast Guard; telephone 907-463-2846, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Southeast Alaska
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Contract Drilling & Blasting LLC notified the Coast Guard that it
will be conducting explosive dredging from 30 minutes after sunrise to
one hour before sunset between December 16, 2019 and January 31, 2020.
The operation will take place approximately 300 yards southwest of
Berth II in Ketchikan, AK. Hazards from explosive dredging include
concussive forces. The COTP has determined that potential hazards
associated with the explosives to be used in this operation would be a
safety concern for anyone above the water's surface within a 500-yard
radius of Pinnacle Rock (located at approximately latitude
55[deg]20'37'' N, longitude 131[deg]38'96'' W).
In response, on November 22, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Temporary Safety Zone for
Explosive Dredging, Tongass Narrows, Ketchikan, AK'' (84 FR 64445).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this safety zone. During the
comment period that ended December 9, 2019, we received eight comments.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
protect the public from the potential safety hazards associated with
the explosive dredging operation, which is scheduled to begin on
December 16, 2019.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the explosives to be used in this
operation would be a safety concern for anyone above the water's
surface within a 500-yard radius of Pinnacle Rock (located at
approximately latitude 55[deg]20'37'' N, longitude 131[deg]38'96'' W).
The purpose of this rulemaking is to ensure the safety of vessels and
the navigable waters of the Tongass Narrows, from shoreline to
shoreline, within a 500-yard radius of Pinnacle Rock before, during,
and after the scheduled operation December 16, 2019 and January 31,
2020.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received eight comments on our NPRM published on
November 22, 2019. Five comments were supportive. Three comments raised
concerns regarding the operation's affect on marine wildlife. We
considered these comments and
[[Page 69329]]
believe the City of Ketchikan has a sufficient and comprehensive plan
to protect marine wildlife from harm; the city will employ mitigation
measures to include having three dedicated, full-time Protected Species
Observers to monitor the area and will have designated shut down zones
where operations will cease if Alaskan marine mammals are observed.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone from 30 minutes after sunrise
to one hour before sunset between December 16, 2019 and January 31,
2020. The safety zone would cover all navigable waters within 500 yards
of Pinnacle Rock during explosive dredging operations in the Tongass
Narrows located approximately 300 yards southwest of Berth II in
Ketchikan, AK. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the daily 35-minute period of explosive dredging. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, time-of-day and time-of-year of the safety zone.
Vessel traffic would be able to safely transit around this safety zone,
south of Pennock Island, which would impact a small designated area of
the Tongass Narrows for less than one hour per day when Contract
Drilling & Blasting LLC would decide to detonate the explosives. The
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the 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 received no comments from the Small Business
Administration on this rulemaking. 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.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email 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 Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
safety zone lasting less than an hour daily for 47 days that would
prohibit entry within 500 yards of an explosive dredging operation in
the Tongass Narrows. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS
[[Page 69330]]
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051; 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.T17-0838 to read as follows:
Sec. 165.T17-0838 Safety Zone for Explosive Dredging Operations;
Tongass Narrows, Ketchikan, AK.
(a) Location. The following area is a safety zone: All navigable
waters of the Tongass Narrows, from shoreline to shoreline, within a
500-yard radius of Pinnacle Rock (located at approximately latitude
55[deg]20'37'' N, longitude 131[deg]38'96'' W) before, during, and
after the scheduled operation between December 16, 2019 and January 31,
2020.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Juneau.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Southeast Alaska to assist in enforcing the safety zone described
in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at 907-463-2980 or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. This safety zone may be enforced during the period
described in paragraph (f) of this section. Contract Drilling &
Blasting LLC will have two safety vessels on-scene near the location
described in paragraph (a) of this section.
(f) Enforcement period. This section may be enforced from 30
minutes after sunrise to one hour before sunset between December 16,
2019, and January 31, 2020, during explosive dredging operations by
Contract Drilling & Blasting LLC.
Dated: December 10, 2019.
Stephen R. White,
Captain, U.S. Coast Guard, Captain of the Port Southeast Alaska.
[FR Doc. 2019-27195 Filed 12-17-19; 8:45 am]
BILLING CODE 9110-04-P
