Safety Zone; Indian Island, Port Townsend Bay, WA, 17283-17285 [2024-05130]

Download as PDF Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Rules and Regulations Issued in Fort Worth, Texas, on March 6, 2024. Martin A. Skinner, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2024–05077 Filed 3–8–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0154] RIN 1625–AA00 Safety Zone; Indian Island, Port Townsend Bay, WA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters West of Indian Island in Port Townsend Bay, Washington. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a naval exercise. 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 from 7 a.m. on March 12, 2024, through 7 p.m. March 14, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0154 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: If you have questions about this rule, call or email LTJG Kaylee Lord, Sector Puget Sound, Waterways Management Division, U.S. Coast Guard; telephone 206–217–6051, email SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with RULES1 FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port of Sector Puget Sound DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code VerDate Sep<11>2014 16:41 Mar 08, 2024 Jkt 262001 II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule under authority in 5 U.S.C. 553(b)(B). This statutory 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.’’ 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 contrary to the public interest to publish a notice of proposed rulemaking regarding the movement of United States Navy vessels undergoing national security exercises in advance, as some of the movements are classified. It is impracticable for the Coast Guard to publish an NPRM because we must establish this safety zone by March 12, 2024 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Also, 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 potential safety hazards associated with the naval exercise. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Puget Sound (COTP) has determined that potential hazards associated with the naval exercise starting March 12, 2024, will be a safety concern for anyone within a 100-yard radius of the exercise area. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the exercise is being conducted. IV. Discussion of the Rule This rule establishes a safety zone from 7 a.m. on March 12, 2024 through 7 p.m. on March 14, 2024. The safety zone will cover all navigable waters bounded by the following coordinates: commencing west of Indian Island at latitude 48°4′13.3″ N, longitude 122°46′37.5″ W: thence northernly to latitude 48°5′43.6″ N, longitude 122°47′4.1″ W: thence easterly to latitude 48°5′43.6″ N, longitude 122°44′49.3″ W: thence south easterly to latitude 48°5′17.7″ N, longitude 122°44′40.5″ W: thence south westerly PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 17283 to latitude 48°4′51.8″ N, longitude 122°45′19.1″ W: thence south easterly to latitude 48°2′43.8″ N, longitude 122°44′41.6″ W: thence westerly to latitude 48°2′37.1″ N, longitude 122°45′33.5″ W: thence northerly to latitude 48°3′35.6″ N, longitude 122°45′50″ W to the point of beginning. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the exercise is being conducted. 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 section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). 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, and duration of the safety zone. The regulated area consists of all navigable waterways within 100 yards of the established area in Port Townsend Bay, WA as previously listed. The safety zone will be enforced for a maximum of 36 hours total and thus is limited in time and scope. Although persons and vessels will not be able to enter, transit through, anchor in, or remain within the safety zone without authorization from the COTP or a designated representative, vessel traffic will be able to safely transit around this safety zone and the rule will allow vessels to seek permission to transit 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 E:\FR\FM\11MRR1.SGM 11MRR1 17284 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Rules and Regulations 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. ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:41 Mar 08, 2024 Jkt 262001 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 36 hours that will prohibit entry within 100 yards of the designated area around the naval exercise. 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 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. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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, 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.T13–0154 to read as follows: ■ § 165.T13–0154 Safety Zone; Sector Puget Sound Captain of the Port Zone, Indian Island, Port Townsend Bay, Washington. (a) Location. The following area is a safety zone: all navigable waters bounded by the following coordinates: commencing west of Indian Island at latitude 48°4′13.3″ N, longitude 122°46′37.5″ W: thence northernly to latitude 48°5′43.6″ N, longitude 122°47′4.1″ W: thence easterly to latitude 48°5′43.6″ N, longitude 122°44′49.3″ W: thence south easterly to latitude 48°5′17.7″ N, longitude 122°44′40.5″ W: thence south westerly to latitude 48°4′51.8″ N, longitude 122°45′19.1″ W: thence south easterly to latitude 48°2′43.8″ N, longitude 122°44′41.6″ W: thence westerly to latitude 48°2′37.1″ N, longitude 122°45′33.5″ W: thence northerly to latitude 48°3′35.6″ N, longitude 122°45′50″ W to the point of beginning. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including 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. In accordance with the general regulations in 33 CFR part 165, subpart C, no vessel operator may enter, transit, moor, or anchor within this safety zone, except for vessels authorized by the COTP or designated representative. (d) Authorization. In order to transit through this safety zone, authorization must be granted by the COTP or their designated representative. All vessel operators desiring entry into this safety zone shall gain authorization by contacting either the on-scene U.S. Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast Guard Sector Puget Sound Joint Harbor Operations Center (JHOC) via telephone at (206) 217–6002. Requests shall indicate the reason why movement within the safety zone is E:\FR\FM\11MRR1.SGM 11MRR1 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Rules and Regulations necessary and the vessel’s arrival and/ or departure facility name, pier and/or berth. Vessel operators granted permission to enter this safety zone will be escorted by the on-scene patrol until no longer within the safety zone. (e) Enforcement period. This rule will be enforced from 7 a.m. March 12, 2024 through 7 p.m. March 14, 2024. Dated: March 4, 2024. Mark A. McDonnell, Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound. [FR Doc. 2024–05130 Filed 3–8–24; 8:45 am] BILLING CODE 9110–04–P Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures due to COVID–19. FOR FURTHER INFORMATION CONTACT: Patrick Lillis, Air Quality Branch (AQB), Air and Radiation Division (ARD) (Mail Code 5–MI), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109–3912; (617) 918– 1067; lillis.patrick@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. Background and Purpose II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2023–0576; FRL–11679– 02–R1] Air Plan Approval; New Hampshire; Single Source Order for PAK Solutions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision establishes reasonable available control technology (RACT) requirements for PAK Solutions, LLC, located in Lancaster, New Hampshire. This action is being taken under the Clean Air Act. DATES: This rule is effective on April 10, 2024. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2023–0576. All documents in the docket are listed on the https:// www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https:// www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:41 Mar 08, 2024 Jkt 262001 I. Background and Purpose On January 23, 2024 (40 CFR part 52), EPA published a Notice of Proposed Rulemaking (NPRM) for the State of New Hampshire. The NPRM proposed approval of an order establishing reasonably available control technology (RACT) requirements for PAK Solutions, LLC, located in Lancaster, New Hampshire. The RACT requirements are intended to limit emissions of volatile organic chemicals (VOCs) from the facility. The formal SIP revision was submitted by New Hampshire on December 14, 2022. Other specific requirements of New Hampshire’s RACT orders and the rationale for EPA’s proposed action are explained in the NPRM and will not be restated here. No public comments were received on the NPRM. II. Final Action EPA is approving the order establishing RACT requirements for PAK Solutions, LLC as a revision to the New Hampshire SIP. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference RACT Order RO–0007 dated December 14, 2022, issued by the New Hampshire DES to PAK Solutions LLC as discussed in section I of this preamble and described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through https:// www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 17285 preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.1 IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. 1 62 FR 27968 (May 22, 1997). E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Rules and Regulations]
[Pages 17283-17285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05130]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0154]
RIN 1625-AA00


Safety Zone; Indian Island, Port Townsend Bay, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters West of Indian Island in Port Townsend Bay, 
Washington. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards created by a naval 
exercise. 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 from 7 a.m. on March 12, 2024, through 7 
p.m. March 14, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0154 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 about this rule, 
call or email LTJG Kaylee Lord, 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 of Sector Puget Sound
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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' 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 contrary to 
the public interest to publish a notice of proposed rulemaking 
regarding the movement of United States Navy vessels undergoing 
national security exercises in advance, as some of the movements are 
classified. It is impracticable for the Coast Guard to publish an NPRM 
because we must establish this safety zone by March 12, 2024 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    Also, 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 potential safety hazards associated with the naval exercise.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Puget Sound (COTP) has determined 
that potential hazards associated with the naval exercise starting 
March 12, 2024, will be a safety concern for anyone within a 100-yard 
radius of the exercise area. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the exercise is being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on March 12, 2024 
through 7 p.m. on March 14, 2024. The safety zone will cover all 
navigable waters bounded by the following coordinates: commencing west 
of Indian Island at latitude 48[deg]4'13.3'' N, longitude 
122[deg]46'37.5'' W: thence northernly to latitude 48[deg]5'43.6'' N, 
longitude 122[deg]47'4.1'' W: thence easterly to latitude 
48[deg]5'43.6'' N, longitude 122[deg]44'49.3'' W: thence south easterly 
to latitude 48[deg]5'17.7'' N, longitude 122[deg]44'40.5'' W: thence 
south westerly to latitude 48[deg]4'51.8'' N, longitude 
122[deg]45'19.1'' W: thence south easterly to latitude 48[deg]2'43.8'' 
N, longitude 122[deg]44'41.6'' W: thence westerly to latitude 
48[deg]2'37.1'' N, longitude 122[deg]45'33.5'' W: thence northerly to 
latitude 48[deg]3'35.6'' N, longitude 122[deg]45'50'' W to the point of 
beginning.
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters while the exercise 
is being conducted. 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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, and duration of the safety zone. The regulated area consists 
of all navigable waterways within 100 yards of the established area in 
Port Townsend Bay, WA as previously listed. The safety zone will be 
enforced for a maximum of 36 hours total and thus is limited in time 
and scope. Although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the COTP or a designated representative, vessel 
traffic will be able to safely transit around this safety zone and the 
rule will allow vessels to seek permission to transit 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

[[Page 17284]]

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 only 36 hours that will prohibit entry within 100 
yards of the designated area around the naval exercise. 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

    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.T13-0154 to read as follows:


Sec.  165.T13-0154  Safety Zone; Sector Puget Sound Captain of the Port 
Zone, Indian Island, Port Townsend Bay, Washington.

    (a) Location. The following area is a safety zone: all navigable 
waters bounded by the following coordinates: commencing west of Indian 
Island at latitude 48[deg]4'13.3'' N, longitude 122[deg]46'37.5'' W: 
thence northernly to latitude 48[deg]5'43.6'' N, longitude 
122[deg]47'4.1'' W: thence easterly to latitude 48[deg]5'43.6'' N, 
longitude 122[deg]44'49.3'' W: thence south easterly to latitude 
48[deg]5'17.7'' N, longitude 122[deg]44'40.5'' W: thence south westerly 
to latitude 48[deg]4'51.8'' N, longitude 122[deg]45'19.1'' W: thence 
south easterly to latitude 48[deg]2'43.8'' N, longitude 
122[deg]44'41.6'' W: thence westerly to latitude 48[deg]2'37.1'' N, 
longitude 122[deg]45'33.5'' W: thence northerly to latitude 
48[deg]3'35.6'' N, longitude 122[deg]45'50'' W to the point of 
beginning.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including 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. In accordance with the general regulations in 33 
CFR part 165, subpart C, no vessel operator may enter, transit, moor, 
or anchor within this safety zone, except for vessels authorized by the 
COTP or designated representative.
    (d) Authorization. In order to transit through this safety zone, 
authorization must be granted by the COTP or their designated 
representative. All vessel operators desiring entry into this safety 
zone shall gain authorization by contacting either the on-scene U.S. 
Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast Guard Sector 
Puget Sound Joint Harbor Operations Center (JHOC) via telephone at 
(206) 217-6002. Requests shall indicate the reason why movement within 
the safety zone is

[[Page 17285]]

necessary and the vessel's arrival and/or departure facility name, pier 
and/or berth. Vessel operators granted permission to enter this safety 
zone will be escorted by the on-scene patrol until no longer within the 
safety zone.
    (e) Enforcement period. This rule will be enforced from 7 a.m. 
March 12, 2024 through 7 p.m. March 14, 2024.

    Dated: March 4, 2024.
Mark A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound.
[FR Doc. 2024-05130 Filed 3-8-24; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.