Safety Zone; Sunset Point, San Juan Island, WA, 54154-54156 [2022-18999]
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54154
Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Rules and Regulations
pursuant to Executive order.
Application of exemption (k)(1) for such
records may be necessary because
access to and amendment of the records,
or release of the accounting of
disclosures for such records, could
reveal classified information. Disclosure
of classified records to an individual
may cause damage to national security.
Accordingly, application of exemption
(k)(1) may be necessary.
(B) Subsections (d)(3) and (4).
Subsections (d)(3) and (4) are
inapplicable to the extent an exemption
is claimed from subsection (d)(2).
(C) Subsection (e)(1). Records within
this system may be properly classified
pursuant to Executive order. In the
collection of information for historical
activities, it is not always possible to
conclusively determine the relevance
and necessity of particular information
in the early stages of these types of
activities. Additionally, disclosure of
classified records to an individual may
cause damage to national security.
Accordingly, application of exemption
(k)(1) may be necessary.
(D) Subsections (e)(4)(G) and (H) and
subsection (f). Subsections (e)(4)(G) and
(H) and subsection (f) are inapplicable
to the extent exemption is claimed from
the access and amendment provisions of
subsection (d). Because portions of this
system are exempt from the individual
access and amendment provisions of
subsection (d) for the reasons noted in
the preceding sentence, DoD is not
required to establish requirements,
rules, or procedures with respect to
such access or amendment provisions.
Providing notice to individuals with
respect to the existence of records
pertaining to them in the system of
records or otherwise setting up
procedures pursuant to which
individuals may access, view, and seek
to amend records pertaining to
themselves in the system would
potentially undermine national security
and the confidentiality of classified
information. Accordingly, application of
exemption (k)(1) may be necessary.
(E) Subsection (e)(4)(I). To the extent
that subsection (e)(4)(I) is construed to
require more detailed disclosure than
the broad information currently
published in the system notice
concerning categories of sources of
records in the system, an exemption
from subsection (e)(4)(I) is necessary to
protect national security and the
confidentiality of sources and methods,
and other classified information.
(iv) Exempt records from other
systems. In the course of carrying out
the overall purpose for this system,
exempt records from other systems of
records may in turn become part of the
VerDate Sep<11>2014
15:55 Sep 01, 2022
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records maintained in this system. To
the extent that copies of exempt records
from those other systems of records are
maintained in this system, the DoD
claims the same exemptions for the
records from those other systems that
are entered into this system, as claimed
for the prior system(s) of which they are
a part, provided the reason for the
exemption remains valid and necessary.
Dated: August 29, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2022–18985 Filed 9–1–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0744]
RIN 1625–AA00
Safety Zone; Sunset Point, San Juan
Island, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is extending
the duration of a temporary safety zone
for navigable waters within a 1000-yard
radius of Sunset Point on San Juan
Island, WA. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards associated with the emergency
response efforts and the recovery of a
sunken vessel. 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 September 2, 2022
through September 12, 2022 at 10 p.m.
For the purposes of enforcement, actual
notice will be used from August 29,
2022 at 10 p.m., until September 2,
2022.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0744 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Commander Samud I.
Looney, Sector Puget Sound, Waterways
Management Division, U.S. Coast
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On August 16, 2022, the Coast Guard
issued a rulemaking that created a
temporary safety zone. The safety zone
was effective August 16, 2022 to August
18, 2022. A copy of the rulemaking that
ended on August 18, 2022 is available
in the docket USCG–2022–0600. On
August 18, 2022, the Coast Guard issued
a temporary final rule establishing a
temporary safety zone in effect through
August 29, 2022 (87 FR 51909).
However, additional time is needed to
maintain safe navigation around
response equipment and responders
while additional damage assessments
and salvage operations occur, and, as a
result, the Coast Guard is establishing
through temporary regulations a safety
zone that will be in effect through
September 12, 2022. The Coast Guard is
issuing this temporary rule without
prior notice and opportunity to
comment pursuant to authority under
section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)).
This provision authorizes an agency to
issue a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule because immediate action is needed
to respond to the safety hazards
associated with the emergency response
measures in product recovery of a
sunken vessel. It is impracticable to
publish an NPRM and hold a reasonable
comment period for this rulemaking due
to the emergent nature of the ongoing
response and recovery operations.
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
respond to the safety hazards associated
with the emergency response and
salvage operations.
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Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Rules and Regulations
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 Puget Sound
(COTP) has determined that potential
hazards associated with the emergency
response and recovery operations will
be a safety concern for anyone within a
1000-yard radius of Sunset Point, San
Juan Island, WA. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
emergency response is ongoing and
during the recovery of the sunken
vessel.
IV. Discussion of the Rule
This rule extends the effective dates
of the established temporary safety zone
(87 FR 51909). The extended temporary
safety zone will be enforced from
August 29, 2022 at 10 p.m. through
September 12, 2022 at 10 p.m. The
safety zone will cover all navigable
waters within 1000-yard radius of
Sunset Point, San Juan Island, WA. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the emergency response of
the sunken vessel are ongoing. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. The safety
zone may be suspended early at the
discretion of COTP Sector Puget Sound.
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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 size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
would impact a small designated area of
Sunset Point on San Juan Island for a
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15:55 Sep 01, 2022
Jkt 256001
total of 14 days and operations may be
suspended early at the discretion of the
COTP Sector Puget Sound. Moreover,
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 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).
PO 00000
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Fmt 4700
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54155
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 lasting 14 days that will prohibit
entry within 1000 yards of Sunset Point
while vessels, equipment, and
personnel are being used in the
emergency response and removal of a
sunken vessel. It is categorically
excluded from further review under
paragraph L60[d] of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1.
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54156
Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Rules and Regulations
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
[Docket Number USCG–2022–0650]
RIN 1625–AA00
1. The authority citation for part 165
continues to read as follows:
Safety Zone; Swim for Alligator
Lighthouse, Islamorada, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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. 00170.1, Revision No. 01.2.
2. Add § 165.T13–0744 to read as
follows:
■
§ 165.T13–0744 Safety Zone; Sunset Point,
San Juan Island, WA.
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BILLING CODE 9110–04–P
33 CFR Part 165
■
(a) Location. The following area is a
safety zones: all navigable waters within
a 1000 yard radius of the sunken vessel
located at 48°33′16.1″ N, 123°10′28.9″ W
off of Sunset Point, San Juan Island,
WA. These coordinates are based 1984
World Geodetic System (WGS 84).
(b) Definitions. As used in this
section, a 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 COTP
Sector Puget Sound 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 section
will be enforced from August 29, 2022
at 10 p.m. through September 12, 2022
at 10 p.m. unless an earlier end is
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[FR Doc. 2022–18999 Filed 9–1–22; 8:45 am]
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
15:55 Sep 01, 2022
Dated: August 29, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
DEPARTMENT OF HOMELAND
SECURITY
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:
VerDate Sep<11>2014
announced by Broadcast Notice to
Mariners on VHF–FM marine channel
16.
ACTION:
The Coast Guard is
establishing a temporary safety zone on
certain navigable waters of the Atlantic
Ocean near Islamorada, Florida during
the Swim for Alligator Lighthouse, open
water swim event. A safety zone for
recurring marine events exists; however,
for this year’s event the date has
changed. The safety zone is necessary to
ensure the safety of event participants
and spectators. Persons and nonparticipant vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the safety zone
unless authorized by the Captain of the
Port (COTP) Key West or a designated
representative.
DATES: This rule is effective from 7:30
a.m. until 4:00 p.m., on September 10,
2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0650 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email Lieutenant junior grade Hailye
Reynolds, Chief, Waterways
Management Division, Sector Key West,
FL U.S. Coast Guard; telephone 305–
292–8768, email skwwaterways@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 because it is
impracticable and contrary to the public
interest. The Coast Guard did not
receive necessary information from the
event sponsor for this year’s event until
shortly before the event was supposed
to be held. The Coast Guard has an
existing safety zone for this recurring
marine event at 33 CFR 165.786, Table
to § 165.786, Item No. 9.1; however, the
existing regulation only covers the event
when it is scheduled on the third
Saturday of September. The primary
justification for this action is that the
Coast Guard received final details of the
event shortly before it was supposed to
occur. Therefore, the Coast Guard lacks
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
It would be impracticable and contrary
to the public interest to delay
promulgating this rule, as it is necessary
to protect the safety of participants,
spectators, the public, and vessels
transiting in the area.
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 the event is taking place on
September 10, 2022, and immediate
action is needed to respond to the
potential safety hazards associated with
this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 46 U.S.C. 70034.
The Captain of the Port Key West
(COTP) has determined that potential
hazards associated with this open water
swim event will be a safety concern for
persons and vessels in the safety zone.
This rule is needed to ensure the safety
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]]>Agencies
[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Rules and Regulations]
[Pages 54154-54156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18999]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0744]
RIN 1625-AA00
Safety Zone; Sunset Point, San Juan Island, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the duration of a temporary
safety zone for navigable waters within a 1000-yard radius of Sunset
Point on San Juan Island, WA. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
associated with the emergency response efforts and the recovery of a
sunken vessel. 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 September 2,
2022 through September 12, 2022 at 10 p.m. For the purposes of
enforcement, actual notice will be used from August 29, 2022 at 10
p.m., until September 2, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0744 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Samud I. Looney, Sector Puget Sound,
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6051, 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
On August 16, 2022, the Coast Guard issued a rulemaking that
created a temporary safety zone. The safety zone was effective August
16, 2022 to August 18, 2022. A copy of the rulemaking that ended on
August 18, 2022 is available in the docket USCG-2022-0600. On August
18, 2022, the Coast Guard issued a temporary final rule establishing a
temporary safety zone in effect through August 29, 2022 (87 FR 51909).
However, additional time is needed to maintain safe navigation around
response equipment and responders while additional damage assessments
and salvage operations occur, and, as a result, the Coast Guard is
establishing through temporary regulations a safety zone that will be
in effect through September 12, 2022. The Coast Guard is issuing this
temporary rule without prior notice and opportunity to comment pursuant
to authority under section 4(a) of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a
rule without prior notice and opportunity to comment when the agency
for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because immediate action is needed to respond to the safety
hazards associated with the emergency response measures in product
recovery of a sunken vessel. It is impracticable to publish an NPRM and
hold a reasonable comment period for this rulemaking due to the
emergent nature of the ongoing response and recovery operations.
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
respond to the safety hazards associated with the emergency response
and salvage operations.
[[Page 54155]]
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 Puget
Sound (COTP) has determined that potential hazards associated with the
emergency response and recovery operations will be a safety concern for
anyone within a 1000-yard radius of Sunset Point, San Juan Island, WA.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
emergency response is ongoing and during the recovery of the sunken
vessel.
IV. Discussion of the Rule
This rule extends the effective dates of the established temporary
safety zone (87 FR 51909). The extended temporary safety zone will be
enforced from August 29, 2022 at 10 p.m. through September 12, 2022 at
10 p.m. The safety zone will cover all navigable waters within 1000-
yard radius of Sunset Point, San Juan Island, WA. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the emergency response of
the sunken vessel are ongoing. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The safety zone may be suspended early at
the discretion of COTP Sector Puget Sound.
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 size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which would
impact a small designated area of Sunset Point on San Juan Island for a
total of 14 days and operations may be suspended early at the
discretion of the COTP Sector Puget Sound. Moreover, 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 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.
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 14 days that will prohibit entry within 1000 yards
of Sunset Point while vessels, equipment, and personnel are being used
in the emergency response and removal of a sunken vessel. It is
categorically excluded from further review under paragraph L60[d] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
[[Page 54156]]
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0744 to read as follows:
Sec. 165.T13-0744 Safety Zone; Sunset Point, San Juan Island, WA.
(a) Location. The following area is a safety zones: all navigable
waters within a 1000 yard radius of the sunken vessel located at
48[deg]33'16.1'' N, 123[deg]10'28.9'' W off of Sunset Point, San Juan
Island, WA. These coordinates are based 1984 World Geodetic System (WGS
84).
(b) Definitions. As used in this section, a 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 COTP Sector Puget Sound 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 section will be enforced from August
29, 2022 at 10 p.m. through September 12, 2022 at 10 p.m. unless an
earlier end is announced by Broadcast Notice to Mariners on VHF-FM
marine channel 16.
Dated: August 29, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2022-18999 Filed 9-1-22; 8:45 am]
BILLING CODE 9110-04-P
