Safety Zone; Haro Strait, San Juan County, WA, 68407-68409 [2021-26157]
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
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).
lotter on DSK11XQN23PROD with RULES1
D. Federalism and Indian Tribal
Governments
16:00 Dec 01, 2021
Jkt 256001
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 only 1.5 hours that will
prohibit entry within 600 feet of a
fireworks display. 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. 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
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.
VerDate Sep<11>2014
E. Unfunded Mandates Reform Act
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.
68407
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, Revision No. 01.2.
2. Add § 165.T13–0875 to read as
follows:
■
§ 165.T13–0875 Safety Zone; Fireworks
Display, Columbia River, Richland, WA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Columbia River, surface to bottom, 600
feet from the fireworks display site at
approximately 46°16′29″ N; 119°16′10″
W. These coordinates are based on the
pier located on the Columbia River near
Howard Amon Park Waterfront on 80
Lee Boulevard, Richland, WA 99352.
(b) Definitions. As used in this
section, a designated representative
means a designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
the U.S. Coast Guard Sector Columbia
River.
(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 Captain
of the Port Sector Columbia River
(COTP) or the COTP’s designated
representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. 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 period. This section
will be enforced from 7:30 p.m. through
9 p.m. on December 3, 2021, and from
7:30 p.m. through 9 p.m. on December
4, 2021.
Dated: November 23, 2021.
M.S. Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2021–26158 Filed 12–1–21; 8:45 am]
BILLING CODE 9110–04–P
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 is amending
33 CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
RIN 1625–AA00
1. The authority citation for part 165
continues to read as follows:
■
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0891]
Safety Zone; Haro Strait, San Juan
County, WA
AGENCY:
E:\FR\FM\02DER1.SGM
Coast Guard, DHS.
02DER1
68408
ACTION:
Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
Temporary final rule.
The Coast Guard is
establishing a temporary moving safety
zone for navigable waters within a 500yard radius around the ZIM KINGSTON.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from the potential hazards
associated with the vessel transit. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Puget Sound.
DATES: This rule is effective without
actual notice from December 2, 2021
through 9 a.m. on December 6, 2021. For
purposes of enforcement, actual notice
will be used from 10 a.m. on November
24, 2021 until December 2, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0891 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Peter McAndrew,
Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6045, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
lotter on DSK11XQN23PROD with RULES1
CFR Code of Federal Regulations
COTP Captain of the Port
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
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, as the Coast
Guard received initial notification on
October 31, 2021 of an anticipated
vessel transit from Victoria, BC to
Vancouver, BC through US Waters by
the ZIM KINGSTON. On or around
VerDate Sep<11>2014
16:00 Dec 01, 2021
Jkt 256001
October 21, 2021, the ZIM KINGSTON
lost containers overboard and two
containers subsequently caught on fire
and may contain toxic flammable gas or
other hazardous materials. Immediate
action is needed to respond to the
potential safety hazards associated with
the ZIM KINGSTON’s transit. It is
impracticable to publish an NPRM for
this temporary rule because the safety
zone must be established by November
24, 2021 to protect waterway users.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
protect personnel, vessels, and the
marine environment from the potential
hazards associated with the vessel
transit of the ZIM KINGSTON.
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 (COTP) Puget Sound
has determined that potential hazards
associated with the transit of the ZIM
KINGSTON will be a safety concern for
anyone within a 500-yard radius of the
vessel. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone during the
transit.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10 a.m. November 24, 2021
through 9 a.m. December 6, 2021. The
safety zone will cover all navigable
waters within 500 yards of the ZIM
KINGSTON. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters while the vessel is in
transit. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
approaches that maximize net benefits.
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).
This regulatory action determination
is based on the fact that the safety zone
created by this rule is limited in size
and duration. Vessel traffic would be
able to safely transit around this safety
zone. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter 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 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
E:\FR\FM\02DER1.SGM
02DER1
Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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 for navigable waters within a 500yard radius around the ZIM KINGSTON
between 10 a.m. November 24, 2021
VerDate Sep<11>2014
16:00 Dec 01, 2021
Jkt 256001
68409
through 9 a.m. December 6, 2021. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from the potential hazards
associated with the vessel transit. It is
categorically excluded from further
review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
Dated: November 24, 2021.
C.R. Cederholm,
Captain, U.S. Coast Guard, Acting, Captain
of the Port Puget Sound.
G. Protest Activities
[FR Doc. 2021–26157 Filed 12–1–21; 8:45 am]
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.
BILLING CODE 9110–04–P
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.T13–0891 to read as
follows:
■
§ 165.T13–0891 Safety Zone; Haro Strait,
San Juan County, WA.
(a) Location. The following area is a
moving safety zone: All navigable
waters within a 500-yard radius around
the ZIM KINGSTON.
(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 Puget Sound (COTP) in the
enforcement of the safety zone.
(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.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the safety zone must comply
with all lawful orders or directions
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period. This rule will
be enforced from 10 a.m. November 24,
2021, through 9 a.m. December 6, 2021.
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AR40
Awards Under the Nehmer Court
Orders for Disability or Death Caused
by a Condition Presumptively
Associated With Herbicide Exposure;
Implementing Court Order.
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is issuing this final rule to
amend its regulation regarding the
process for identifying and paying
appropriate payees entitled to
retroactive benefits. This amendment is
necessary to implement a federal district
court order directing the VA to remove
certain regulatory text concerning
subsequent release of compensation to a
payee when the full amount of unpaid
benefits has previously been released.
DATES:
Effective date: This final rule is
effective December 2, 2021.
Applicability date: The provisions of
this final rule shall apply to
circumstances in which VA has
received information about a newly
identified and eligible payee (hereafter
‘‘new payee’’) who has yet to receive the
Nehmer-related benefits to which the
new payee is entitled.
FOR FURTHER INFORMATION CONTACT:
Christopher O. Adeloye, Staff Attorney,
Benefits Law Group, Office of General
Counsel (022), 810 Vermont Avenue
NW, Washington, DC 20420, (202) 461–
7662. (This is not a toll-free telephone
number.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background and Basis for Revision of
Regulation
In 1991, as part of the Nehmer
litigation (Nehmer v. U.S. Department of
Veterans Affairs, 712 F.Supp. 1404
(N.D. Cal. May 3, 1989)) before the U.S.
District Court for the Northern District
of California, the parties entered into a
E:\FR\FM\02DER1.SGM
02DER1
]]>Agencies
[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68407-68409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26157]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0891]
RIN 1625-AA00
Safety Zone; Haro Strait, San Juan County, WA
AGENCY: Coast Guard, DHS.
[[Page 68408]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for navigable waters within a 500-yard radius around the ZIM KINGSTON.
The safety zone is needed to protect personnel, vessels, and the marine
environment from the potential hazards associated with the vessel
transit. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Puget
Sound.
DATES: This rule is effective without actual notice from December 2,
2021 through 9 a.m. on December 6, 2021. For purposes of enforcement,
actual notice will be used from 10 a.m. on November 24, 2021 until
December 2, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0891 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Peter McAndrew, Sector Puget Sound Waterways
Management Division, U.S. Coast Guard; telephone 206-217-6045, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
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, as the Coast Guard received initial
notification on October 31, 2021 of an anticipated vessel transit from
Victoria, BC to Vancouver, BC through US Waters by the ZIM KINGSTON. On
or around October 21, 2021, the ZIM KINGSTON lost containers overboard
and two containers subsequently caught on fire and may contain toxic
flammable gas or other hazardous materials. Immediate action is needed
to respond to the potential safety hazards associated with the ZIM
KINGSTON's transit. It is impracticable to publish an NPRM for this
temporary rule because the safety zone must be established by November
24, 2021 to protect waterway users.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
protect personnel, vessels, and the marine environment from the
potential hazards associated with the vessel transit of the ZIM
KINGSTON.
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 (COTP) Puget
Sound has determined that potential hazards associated with the transit
of the ZIM KINGSTON will be a safety concern for anyone within a 500-
yard radius of the vessel. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone during the transit.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. November 24, 2021
through 9 a.m. December 6, 2021. The safety zone will cover all
navigable waters within 500 yards of the ZIM KINGSTON. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the vessel is in transit.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
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. 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).
This regulatory action determination is based on the fact that the
safety zone created by this rule is limited in size and duration.
Vessel traffic would be able to safely transit around this safety zone.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter 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 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
[[Page 68409]]
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.
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 for navigable waters within a 500-yard radius around the
ZIM KINGSTON between 10 a.m. November 24, 2021 through 9 a.m. December
6, 2021. The safety zone is needed to protect personnel, vessels, and
the marine environment from the potential hazards associated with the
vessel transit. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.
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.T13-0891 to read as follows:
Sec. 165.T13-0891 Safety Zone; Haro Strait, San Juan County, WA.
(a) Location. The following area is a moving safety zone: All
navigable waters within a 500-yard radius around the ZIM KINGSTON.
(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 Puget Sound (COTP) in the enforcement of the safety
zone.
(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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. 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 period. This rule will be enforced from 10 a.m.
November 24, 2021, through 9 a.m. December 6, 2021.
Dated: November 24, 2021.
C.R. Cederholm,
Captain, U.S. Coast Guard, Acting, Captain of the Port Puget Sound.
[FR Doc. 2021-26157 Filed 12-1-21; 8:45 am]
BILLING CODE 9110-04-P
