Regulated Navigation Area; Thea Foss, Middle Waterway, and Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement Bay, Tacoma, WA, 212-214 [2019-27980]
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
on a Coast Guard vessel, or a Federal,
State, or local officer designated by or
assisting the Captain of the Port San
Francisco (COTP) in the enforcement of
the safety zones.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B, you
may not enter the safety zones described
in paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) The safety zones are closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zones must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zones must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zones on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from 8:30 p.m. until 10
p.m. on December 31, 2019.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which these zones will
be enforced in accordance with § 165.7.
Dated: December 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2019–28191 Filed 12–30–19; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0970]
RIN 1625–AA11
Regulated Navigation Area; Thea Foss,
Middle Waterway, and WheelerOsgood Waterways EPA Superfund
Cleanup Site, Commencement Bay,
Tacoma, WA
Coast Guard, DHS.
Final rule.
jbell on DSKJLSW7X2PROD with RULES
AGENCY:
ACTION:
The Coast Guard is amending
the Thea Foss and Wheeler-Osgood
Regulated Navigation Area (RNA) for
Commencement Bay to establish a
permanent regulated navigation area
SUMMARY:
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16:16 Jan 02, 2020
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within the Middle Waterway. This
action is necessary to protect sediment
cap areas in the U.S. Environmental
Protection Agency’s Commencement
Bay Nearshore-Tideflats Superfund
Cleanup Site within the Middle
Waterway. This RNA would prohibit
certain activities that could disrupt the
integrity of the engineered sediment
caps placed within the Middle
Waterway.
DATES:
This rule is effective February 3,
2020.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0970 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 Petty Officer Zachary Spence,
Sector Puget Sound Waterways
Management Branch, U.S. Coast Guard;
telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
On April 5, 2005, the Middle
Waterway Action Committee requested
the establishment of a regulated
navigation area to prohibit activities that
could compromise the integrity of the
sediment caps placed over the
contaminated sites within the Middle
Waterway. In 2006 and 2015, the Coast
Guard issued NPRMs related to this
issued but never finalized the rule. On
March 6, 2019, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Regulated
Navigation Area; Thea Foss and
Wheeler-Osgood Waterways EPA
Superfund Cleanup Site,
Commencement Bay, Tacoma, WA 84
FR 8051. There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this regulated
navigation area. During the comment
period that ended April 6, 2019, we
received two comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
(previously 33 U.S.C. 1231). The Coast
Guard District Thirteen Commander has
determined that there are potential
hazards associated with the five
Environmental Protection Agency’s
Superfund Cleanup Sites located within
the Middle Waterway. The purpose of
this rule is to ensure safety of persons
and environment within the navigable
waters of the Middle Waterway by
prohibiting activities that could
compromise the integrity of the
engineered sediment caps.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
comments on our NPRM published
March 6, 2019. One comment we
received was in support of the rule.
The second comment discussed
current marine operations prohibited by
this rule, these operations include
marine piling construction, anchoring
system for a dry-dock, and other
mooring systems. The commenter
discussed these operations occur within
the proposed regulated navigation area
but outside of the five separate
contaminated sites contained within the
Middle Waterway Regulated Navigation
Area. Additionally, the comment
discussed concerns over the ingress and
egress of tugboats within the designated
area.
The Coast Guard is aware marine
operations occur within the regulated
navigation area that do disturb the
seabed outside of the contaminated
Superfund cleanup sites. In the initial
request for a regulated navigation area
submitted by the Middle Waterway
Action Committee, April 5, 2005, we
were informed of the dry-dock anchored
outside one of the sediment caps within
the waterway. The COTP, upon written
request, may authorize a waiver from
this regulation. The COTP will consult
with the Environmental Protection
Agency in making this determination
when necessary and practicable.
The vessel traffic navigating within
the regulated navigation area is not
prohibited by this regulation and
therefore falls outside the scope of this
rulemaking.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
This rule amends the Thea Foss and
Wheeler Osgood Waterway by
establishing a permanent regulated
navigation area for the Middle
Waterway. The purpose of this rule is to
prevent the disturbance of the five
sediment caps established within the
Middle Waterway Problem Area of the
Superfund Cleanup Site that are not
geographically encompassed by the
E:\FR\FM\03JAR1.SGM
03JAR1
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
Thea Foss and Wheeler-Osgood
Waterways RNA. Disrupting the
integrity of the caps in this area may
result in a hazardous condition harming
the marine environment and the public.
Therefore, this proposed RNA
expansion is necessary to protect the
integrity of the caps and will do so by
prohibiting maritime activities that
could cause disturbance or damage.
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.
jbell on DSKJLSW7X2PROD with RULES
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 small geographic area
encompassed by the RNA, and the
limited amount of commercial and
recreational traffic passing through the
area. Additionally, prohibited activities
are not routine in the designated area.
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 regulated
navigation area may be small entities,
for the reasons stated in section V.A
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16:16 Jan 02, 2020
Jkt 250001
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 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 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.
In preparation for this rulemaking, we
identified the area encompassed by the
proposed rule overlaps with the usual
and accustomed fishing grounds for the
Puyallup and Muckleshoot tribes. We
informed both tribes of the proposed
rulemaking, but only received a
response from the Muckleshoot tribe.
We conducted a meeting with the
Muckleshoot tribe’s Fish Commission
on September 12, 2018. During this
meeting, the Muckleshoot Fish
Commission and the Coast Guard
discussed potential impacts of the
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
213
proposed rulemaking on the
Muckleshoot tribe. Following the
meeting, the Coast Guard concluded
that this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, as it would 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.
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 and Commandant
Instruction M16475.1D, 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
amending a regulated navigation area
that would prohibit activities that could
disturb the engineered sediment caps on
the seabed. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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
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214
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
Dated: September 26, 2019.
A.J. Vogt,
RADM, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
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.
[FR Doc. 2019–27980 Filed 1–2–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 165 as follows:
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket Number USCG–2019–0837]
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. In § 165.1329, revise the section
heading, add paragraph (a)(4), and
revise paragraphs (b)(1) and (2) to read
as follows:
■
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§ 165.1329 Regulated Navigation Area;
Thea Foss, Middle Waterway, and WheelerOsgood Waterways EPA Superfund
Cleanup Site, Commencement Bay,
Tacoma, WA.
(a) * * *
(4) All waters of the Middle Waterway
south of a line connecting a point of the
shore at 47°15′51″ N, 122°25′53″ W;
thence southwest to 47°15′48.6858″ N,
122°26′02.2374″ W; thence south to
47°15′46.7316″ N, 122°26′01.1214″ W
[Datum: NAD 1983].
(b) * * *
(1) All vessels and persons are
prohibited from activities that would
disturb the seabed, such as anchoring,
dragging, spudding, or other activities
that involve disrupting the integrity of
the sediment caps installed in the
designated regulated navigation area,
pursuant to the remediation efforts of
the U.S. Environmental Protection
Agency (EPA) and others in the Thea
Foss, Middle Waterway, and WheelerOsgood Waterways EPA superfund
cleanup site. Vessels may otherwise
transit or navigate within this area
without reservation.
(2) The prohibition described in
paragraph (b)(1) of this section does not
apply to vessels or persons engaged in
activities associated with remediation
efforts in the Thea Foss, Middle
Waterway, or Wheeler-Osgood
Waterways superfund sites, provided
that the Captain of the Port, Puget
Sound (COTP), is given advance notice
of those activities by the EPA.
*
*
*
*
*
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16:16 Jan 02, 2020
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33 CFR Part 165
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Mile Markers 229.5 to 230.5 Baton
Rouge, LA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Lower
Mississippi River from mile marker
(MM) 229.5 to MM 230.5, above Head of
Passes. The safety zone is needed to
protect personnel, vessels, and the
marine environment on these navigable
waters near Baton Rouge, LA, during a
New Year’s Eve fireworks display. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector New Orleans.
SUMMARY:
This rule is effective from 11:30
p.m. on December 31, 2019 through
12:30 a.m. on January 1, 2020.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0837 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Justin Maio, Marine
Safety Unit Baton Rouge, U.S. Coast
Guard; telephone 225–298–5400 ext.
230, email Justin.P.Maio@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AHP Above Head of Passes
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
II. Background Information and
Regulatory History
On September 25, 2019, the Baton
Rouge Office of Mayor President
notified the Coast Guard that from 11:30
p.m. on December 31, 2019 to 12:30 a.m.
on January 1, 2020, it will be conducting
a fireworks display launched from the
levee at approximate mile marker (MM)
230 on the lower Mississippi River,
above Head of Passes (AHP) in Baton
Rouge, Louisiana. In response, on
November 21, 2019, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled New Year’s
Eve Celebration 84 FR 65049. There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended December 11, 2019,
we received one comment.
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 contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
fireworks display.
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
Captain of the Port Sector New Orleans
(COTP) has determined that potential
hazards associated with the New Year’s
Eve fireworks display will be a safety
concern for anyone within
approximately one mile of the launch
site. The launch site will be located on
the top of the levee of the Lower
Mississippi River at approximate MM
230, Baton Rouge, LA. Hazards from the
fireworks display include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. This rule is necessary to
protect persons, vessels, and the marine
environment before, during, and after
the scheduled fireworks display.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
November 21, 2019. The comment was
in support of establishing a temporary
safety zone for the proposed fireworks
display. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a temporary
safety zone from 11:30 p.m. on
December 31, 2019 through 12:30 a.m.
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 212-214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27980]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0970]
RIN 1625-AA11
Regulated Navigation Area; Thea Foss, Middle Waterway, and
Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement Bay,
Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the Thea Foss and Wheeler-Osgood
Regulated Navigation Area (RNA) for Commencement Bay to establish a
permanent regulated navigation area within the Middle Waterway. This
action is necessary to protect sediment cap areas in the U.S.
Environmental Protection Agency's Commencement Bay Nearshore-Tideflats
Superfund Cleanup Site within the Middle Waterway. This RNA would
prohibit certain activities that could disrupt the integrity of the
engineered sediment caps placed within the Middle Waterway.
DATES: This rule is effective February 3, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0970 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 Petty Officer Zachary Spence, Sector Puget Sound
Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
On April 5, 2005, the Middle Waterway Action Committee requested
the establishment of a regulated navigation area to prohibit activities
that could compromise the integrity of the sediment caps placed over
the contaminated sites within the Middle Waterway. In 2006 and 2015,
the Coast Guard issued NPRMs related to this issued but never finalized
the rule. On March 6, 2019, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Regulated Navigation Area; Thea Foss
and Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement
Bay, Tacoma, WA 84 FR 8051. There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
regulated navigation area. During the comment period that ended April
6, 2019, we received two comments.
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 Coast Guard District Thirteen
Commander has determined that there are potential hazards associated
with the five Environmental Protection Agency's Superfund Cleanup Sites
located within the Middle Waterway. The purpose of this rule is to
ensure safety of persons and environment within the navigable waters of
the Middle Waterway by prohibiting activities that could compromise the
integrity of the engineered sediment caps.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published
March 6, 2019. One comment we received was in support of the rule.
The second comment discussed current marine operations prohibited
by this rule, these operations include marine piling construction,
anchoring system for a dry-dock, and other mooring systems. The
commenter discussed these operations occur within the proposed
regulated navigation area but outside of the five separate contaminated
sites contained within the Middle Waterway Regulated Navigation Area.
Additionally, the comment discussed concerns over the ingress and
egress of tugboats within the designated area.
The Coast Guard is aware marine operations occur within the
regulated navigation area that do disturb the seabed outside of the
contaminated Superfund cleanup sites. In the initial request for a
regulated navigation area submitted by the Middle Waterway Action
Committee, April 5, 2005, we were informed of the dry-dock anchored
outside one of the sediment caps within the waterway. The COTP, upon
written request, may authorize a waiver from this regulation. The COTP
will consult with the Environmental Protection Agency in making this
determination when necessary and practicable.
The vessel traffic navigating within the regulated navigation area
is not prohibited by this regulation and therefore falls outside the
scope of this rulemaking.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule amends the Thea Foss and Wheeler Osgood Waterway by
establishing a permanent regulated navigation area for the Middle
Waterway. The purpose of this rule is to prevent the disturbance of the
five sediment caps established within the Middle Waterway Problem Area
of the Superfund Cleanup Site that are not geographically encompassed
by the
[[Page 213]]
Thea Foss and Wheeler-Osgood Waterways RNA. Disrupting the integrity of
the caps in this area may result in a hazardous condition harming the
marine environment and the public. Therefore, this proposed RNA
expansion is necessary to protect the integrity of the caps and will do
so by prohibiting maritime activities that could cause disturbance or
damage.
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 small
geographic area encompassed by the RNA, and the limited amount of
commercial and recreational traffic passing through the area.
Additionally, prohibited activities are not routine in the designated
area.
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
regulated navigation area 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
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 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.
In preparation for this rulemaking, we identified the area
encompassed by the proposed rule overlaps with the usual and accustomed
fishing grounds for the Puyallup and Muckleshoot tribes. We informed
both tribes of the proposed rulemaking, but only received a response
from the Muckleshoot tribe. We conducted a meeting with the Muckleshoot
tribe's Fish Commission on September 12, 2018. During this meeting, the
Muckleshoot Fish Commission and the Coast Guard discussed potential
impacts of the proposed rulemaking on the Muckleshoot tribe. Following
the meeting, the Coast Guard concluded that this proposed rule does not
have tribal implications under Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments, as it would 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.
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 and Commandant Instruction M16475.1D, 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
amending a regulated navigation area that would prohibit activities
that could disturb the engineered sediment caps on the seabed. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
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
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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 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. In Sec. 165.1329, revise the section heading, add paragraph (a)(4),
and revise paragraphs (b)(1) and (2) to read as follows:
Sec. 165.1329 Regulated Navigation Area; Thea Foss, Middle Waterway,
and Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement
Bay, Tacoma, WA.
(a) * * *
(4) All waters of the Middle Waterway south of a line connecting a
point of the shore at 47[deg]15'51'' N, 122[deg]25'53'' W; thence
southwest to 47[deg]15'48.6858'' N, 122[deg]26'02.2374'' W; thence
south to 47[deg]15'46.7316'' N, 122[deg]26'01.1214'' W [Datum: NAD
1983].
(b) * * *
(1) All vessels and persons are prohibited from activities that
would disturb the seabed, such as anchoring, dragging, spudding, or
other activities that involve disrupting the integrity of the sediment
caps installed in the designated regulated navigation area, pursuant to
the remediation efforts of the U.S. Environmental Protection Agency
(EPA) and others in the Thea Foss, Middle Waterway, and Wheeler-Osgood
Waterways EPA superfund cleanup site. Vessels may otherwise transit or
navigate within this area without reservation.
(2) The prohibition described in paragraph (b)(1) of this section
does not apply to vessels or persons engaged in activities associated
with remediation efforts in the Thea Foss, Middle Waterway, or Wheeler-
Osgood Waterways superfund sites, provided that the Captain of the
Port, Puget Sound (COTP), is given advance notice of those activities
by the EPA.
* * * * *
Dated: September 26, 2019.
A.J. Vogt,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2019-27980 Filed 1-2-20; 8:45 am]
BILLING CODE 9110-04-P
