Safety Zone; Hylebos Waterway, Tacoma, WA, 24113-24115 [2023-08387]
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Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Rules and Regulations
(2) The individual must have:
(i) An acute injury to the brain such
as, but not limited to, a concussion,
penetrating injury, or as the
consequence of an event that leads to
permanent alterations in brain function
as demonstrated by confirming
correlative findings on imaging studies
(to include computed tomography scan
(CT), or magnetic resonance imaging
scan (MRI)), or electroencephalogram
(EEG); or
(ii) A medical diagnosis of a traumatic
brain injury (TBI) that required active
medical treatment for 12 months or
more; or
(iii) Acute onset of new persistent,
disabling neurologic symptoms as
demonstrated by confirming correlative
findings on imaging studies (to include
CT or MRI), or EEG, or physical exam,
or other appropriate testing, and that
required active medical treatment for 12
months or more.
(f) Other incident. A new onset of
physical manifestations that cannot
otherwise be readily explained.
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§ 3.3 Eligibility for payments by the
Department of Commerce.
(a) The Department of Commerce may
provide a payment to covered
individuals, as defined this section, if
the qualifying injury to the brain was
assessed and diagnosed in person by a
currently board-certified physician from
the American Board of Psychiatry and
Neurology (ABPN), the American
Osteopathic Board of Neurology and
Psychiatry (AOBNP), the American
Board of Physical Medicine and
Rehabilitation (ABPMR), or the
American Board of Physical Medicine
and Rehabilitation (AOBPMR); and
occurred on or after January 1, 2016,
and while the individual was a covered
employee of the Department of
Commerce.
(b) The Department of Commerce may
provide a payment to covered
employees, as defined in this section, if
the qualifying injury to the brain was
assessed and diagnosed in person by a
currently board-certified physician from
ABPN, AOBNP, ABPMR, or AOBPMR;
and occurred on or after January 1,
2016, and while the employee was a
covered employee of the Department.
(c) The Department of Commerce may
provide a payment to a covered
dependent, if the qualifying injury to
the brain was assessed and diagnosed in
person by a currently board-certified
physician from the ABPN, AOBNP,
ABPMR, or AOBMR; and occurred on or
after January 1, 2016, and while the
dependent’s sponsor was a covered
employee of the Department.
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15:44 Apr 18, 2023
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(d) Payment for a qualifying injury to
the brain will be a non-taxable, one-time
lump sum payment.
(e) The Department will determine the
amount paid to each eligible person
based on the following factors:
(1) The responses on Form CD–350,
‘‘Eligibility Questionnaire for HAVANA
Act Payments’’; and
(2) Whether the Department of Labor
has determined that the requestor has
no reemployment potential, or the
Social Security Administration has
approved the requestor for Social
Security Disability Insurance or
Supplemental Security Insurance (SSI)
benefits; or the requestor’s ABPN,
AOBPN, ABPMR, or AOBPMR-certified
physician has certified that the
individual requires a full-time caregiver
for activities of daily living, as defined
by the Katz Index of Independence of
Daily Living.
(3) The award thresholds are based on
the Level III of the Executive Schedule:
Base payment will be 75 percent of
Level III pay, and Base Plus payment
will be 100 percent of Level III pay. If
the requestor meets any of the criteria
listed in paragraph (e)(2) of this section,
the requestor will be eligible to receive
a Base Plus payment. Requestors who
are otherwise eligible for payment for a
qualifying injury to the brain (defined in
§ 3.2(e)) but do not meet any of the
criteria listed in paragraph (e)(2) of this
section will be eligible to receive a Base
payment. If a requestor who received a
Base payment later meets any of the
criteria listed in paragraph (e)(2) of this
section, the requestor may apply for an
additional payment that will be the
difference between the Base and Base
Plus payment.
(f) The Director, Office of Human
Resources Management may approve
payments under this section. The Office
of Human Resources Management will
notify individuals of the decision in
writing.
(g) An appeal of a decision made by
the Director, Office of Human Resources
Management may be directed to the
Deputy Assistant Secretary for
Administration in writing. The Deputy
Assistant Secretary for Administration
is the final appeal authority. The Office
of Human Resources Management will
notify individuals of the decision in
writing.
§ 3.4
Consultation with other agencies.
The Department may consult with the
appropriate officials in other Federal
agencies to identify their current and
former covered employees, and current
and former dependents who reported an
anomalous health incident. The
Department will not process payment
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24113
for employees, former employees, or
dependents of current or former
employees of other agencies.
Dated: April 14, 2023.
Jeremy Pelter,
Acting Chief Financial Officer and Assistant
Secretary of Commerce for Administration,
U.S. Department of Commerce.
[FR Doc. 2023–08284 Filed 4–18–23; 8:45 am]
BILLING CODE 3510–17–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0341]
RIN 1625–AA00
Safety Zone; Hylebos Waterway,
Tacoma, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Hylebos
Waterway in Tacoma, Washington. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by a firefighting efforts onboard
the F/V KODIAK ENTERPRISE by
emergency response personnel. 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 April 19, 2023
through 6 p.m. April 21, 2023. For the
purposes of enforcement, actual notice
will be used from April 14, 2023 until
April 19, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0341 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 MST1 Steve Barnett, Sector Puget
Sound, Waterways Management
Division, U.S. Coast Guard; telephone
206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget
Sound
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24114
Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Rules and Regulations
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with firefighting efforts
onboard F/V KODIAK ENTERPRISE.
II. Background Information and
Regulatory History
On April 9, 2023, the Coast Guard
issued a rulemaking creating a
temporary safety zone on the navigable
waters of the Hylebos Waterway in
Tacoma, Washington to protect persons
and vessels and the marine environment
from potential hazards created by a
firefighting efforts onboard the F/V
KODIAK ENTERPRISE by emergency
response personnel. The safety zone was
effective from 6 p.m. April 9, 2023
through 6 p.m. April 14, 2023. A copy
of the rulemaking that ended on April
14, 2023 is available in the docket
USCG–2022–0341, which can be found
using instructions in the ADDRESSES
section. However, additional time is
needed to maintain safe navigation
around response equipment and
responders while additional firefighting
and damage assessment operations
occur, and, as a result, the Coast Guard
is establishing through temporary
regulations a safety zone that will be in
effect through April 21, 2023. 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 due to the fire onboard F/V
KODIAK. Firefighting efforts are still
ongoing, and several dangerous
conditions exist because of those
firefighting response efforts and the
state of the vessel. The vessel is
currently listing with diesel fuel and
other pollution hazards onboard. The
Coast Guard must take continued action
to respond to a potential threat to public
safety in the Hylebos Waterway,
Tacoma, WA. The Coast Guard was
unable to publish an NPRM and hold a
reasonable comment period for this
rulemaking due to the emergent nature
to continue response 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
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15:44 Apr 18, 2023
Jkt 259001
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 Puget Sound (COTP)
has determined that potential safety
hazards exist while ongoing firefighting
is taking place onboard the F/V
KODIAK ENTERPRISE in the Hylebos
Waterway. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while response
actions are taking place.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 6 p.m. on April 14,
2023 until 6 p.m. on April 21, 2023. The
safety zone will cover all navigable
waters within the Hylebos Waterway in
Tacoma, WA. The duration of the zone
is intended to protect personnel,
vessels, and the marine environment in
these navigable waters while firefighting
operations onboard the F/V KODIAK
ENTERPRISE are ongoing. 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. Critical vessel traffic will
be able to safely transit through this
safety zone with permission from the
COTP or designee. Moreover, the Coast
Guard would issue a Broadcast Notice to
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Fmt 4700
Sfmt 4700
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
E:\FR\FM\19APR1.SGM
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Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Rules and Regulations
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.
person listed in the FOR FURTHER
INFORMATION CONTACT section to
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 only as long as necessary
for response operations that will
prohibit entry or departure from the
Hylebos Waterway, Tacoma, WA. 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. A
Record of Environmental Consideration
supporting this determination will be
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
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15:44 Apr 18, 2023
Jkt 259001
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
24115
Dated: April 14, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Puget Sound.
[FR Doc. 2023–08387 Filed 4–18–23; 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 amends 33
CFR part 165 as follows:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 18
[Docket No. FWS–R7–ES–2022–0025;
FXES111607MRG01–212–FF07CAMM00]
RIN 1018–BG05
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T13–0341 to read as
follows:
■
§ 165.T13–0341 Safety Zone; Hylebos
Waterway, Tacoma, WA.
(a) Location. The following area is a
safety zone: from the entrance to the
Hylebos Waterway to the Turning Basin
in Tacoma, WA.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Puget Sound in the
enforcement of the safety zone.
(c) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart C, no persons or vessels
may enter or remain in the safety zone
created in this unless authorized by the
Captain of the Port or their designated
representative. For permission to enter
the safety zone, contact the on-scene
designated representative or Joint
Harbor Operations Center via VHF CH16
or at 206–217–6002. Those in the safety
zone must comply with all lawful orders
or directions given to them by the
Captain of the Port or their designated
representative.
(d) Enforcement period. This section
will be enforced from 6 p.m. April 14,
2023 until 6 p.m. on April 21, 2023,
unless an earlier end is announced via
Broadcast Notice to Mariners on VHF–
FM marine channel 16.
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Marine Mammals; Incidental Take of
Northern Sea Otters During Specified
Activities; the Gulf of Alaska
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
In accordance with the
Marine Mammal Protection Act of 1972,
as amended, and its implementing
regulations, we, the U.S. Fish and
Wildlife Service, finalize incidental take
regulations that facilitate the
authorization of nonlethal, incidental,
unintentional take by harassment of
small numbers of northern sea otters
during marine construction and pile
driving in the Gulf of Alaska coastal
waters. Take may result from marine
construction and pile-driving activities.
This rule is effective for 5 years from the
date of issuance.
DATES: This rule is effective May 19,
2023, through May 19, 2028.
ADDRESSES: You may view this rule, the
associated final environmental
assessment, finding of no significant
impact (FONSI), comments received,
and other supporting material at https://
www.regulations.gov under Docket No.
FWS–R7–ES–2022–0025, or these
documents may be requested as
described under FOR FURTHER
INFORMATION CONTACT.
Information Collection Requirements:
This final rule is effective on the date
set forth in DATES. We will, however,
accept and consider all public
comments concerning the information
collection requirements received in
response to this final rule. Written
comments and suggestions on the
information collection requirements
may be submitted at any time to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, by email to info_coll@
fws.gov; or by mail to 5275 Leesburg
Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041–3803. Please reference ‘‘OMB
SUMMARY:
E:\FR\FM\19APR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Rules and Regulations]
[Pages 24113-24115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08387]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0341]
RIN 1625-AA00
Safety Zone; Hylebos Waterway, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Hylebos Waterway in Tacoma, Washington. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a firefighting efforts
onboard the F/V KODIAK ENTERPRISE by emergency response personnel.
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 April 19, 2023
through 6 p.m. April 21, 2023. For the purposes of enforcement, actual
notice will be used from April 14, 2023 until April 19, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0341 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 MST1 Steve Barnett, 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 Sector Puget Sound
[[Page 24114]]
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 9, 2023, the Coast Guard issued a rulemaking creating a
temporary safety zone on the navigable waters of the Hylebos Waterway
in Tacoma, Washington to protect persons and vessels and the marine
environment from potential hazards created by a firefighting efforts
onboard the F/V KODIAK ENTERPRISE by emergency response personnel. The
safety zone was effective from 6 p.m. April 9, 2023 through 6 p.m.
April 14, 2023. A copy of the rulemaking that ended on April 14, 2023
is available in the docket USCG-2022-0341, which can be found using
instructions in the ADDRESSES section. However, additional time is
needed to maintain safe navigation around response equipment and
responders while additional firefighting and damage assessment
operations occur, and, as a result, the Coast Guard is establishing
through temporary regulations a safety zone that will be in effect
through April 21, 2023. 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 due to the fire
onboard F/V KODIAK. Firefighting efforts are still ongoing, and several
dangerous conditions exist because of those firefighting response
efforts and the state of the vessel. The vessel is currently listing
with diesel fuel and other pollution hazards onboard. The Coast Guard
must take continued action to respond to a potential threat to public
safety in the Hylebos Waterway, Tacoma, WA. The Coast Guard was unable
to publish an NPRM and hold a reasonable comment period for this
rulemaking due to the emergent nature to continue response 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 potential safety hazards associated with firefighting
efforts onboard F/V KODIAK ENTERPRISE.
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 Puget Sound
(COTP) has determined that potential safety hazards exist while ongoing
firefighting is taking place onboard the F/V KODIAK ENTERPRISE in the
Hylebos Waterway. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while response actions are taking place.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 6 p.m. on April
14, 2023 until 6 p.m. on April 21, 2023. The safety zone will cover all
navigable waters within the Hylebos Waterway in Tacoma, WA. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while firefighting
operations onboard the F/V KODIAK ENTERPRISE are ongoing. 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.
Critical vessel traffic will be able to safely transit through this
safety zone with permission from the COTP or designee. Moreover, the
Coast Guard would 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
[[Page 24115]]
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 only as long as necessary for response operations
that will prohibit entry or departure from the Hylebos Waterway,
Tacoma, WA. 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. A Record of Environmental Consideration supporting
this determination will be available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0341 to read as follows:
Sec. 165.T13-0341 Safety Zone; Hylebos Waterway, Tacoma, WA.
(a) Location. The following area is a safety zone: from the
entrance to the Hylebos Waterway to the Turning Basin in Tacoma, WA.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Puget Sound in the enforcement of the safety
zone.
(c) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no persons or vessels may enter or remain in
the safety zone created in this unless authorized by the Captain of the
Port or their designated representative. For permission to enter the
safety zone, contact the on-scene designated representative or Joint
Harbor Operations Center via VHF CH16 or at 206-217-6002. Those in the
safety zone must comply with all lawful orders or directions given to
them by the Captain of the Port or their designated representative.
(d) Enforcement period. This section will be enforced from 6 p.m.
April 14, 2023 until 6 p.m. on April 21, 2023, unless an earlier end is
announced via Broadcast Notice to Mariners on VHF-FM marine channel 16.
Dated: April 14, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Puget
Sound.
[FR Doc. 2023-08387 Filed 4-18-23; 8:45 am]
BILLING CODE 9110-04-P
