[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18395-18397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07883]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0313]
RIN 1625-AA00
Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap,
Elwood Point; Bremerton, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 500-yard temporary safety
zone on in vicinity of Naval Base Kitsap, Elwood Point; Bremerton, WA.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the unexploded ordnance
detonation being conducted by the U.S. Navy. The safety zone will
prohibit any person or vessel from entering or remaining in the safety
zone unless authorized by the Captain of the Port or a Designated
Representative.
DATES: This rule is effective from 8 a.m. on April 19, 2017 to 8 p.m.
on April 20, 2017. It will only be enforced during two periods: from 8
a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. to 8 p.m. on April
20, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0313 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO Jeffrey Zappen, 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
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable as delayed promulgation may result in injury or damage to
the maritime public as a result of the detonation of ordnance. The
Captain of the Port, Sector Puget Sound received notice of the date of
the planned detonation on April 12, 2017.
Under 5 U.S.C. 553(b)(B), the Coast Guard also 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 danger associated with
detonating ordnance will occur on April 19, 2017, and this rule must be
effective to protect against those hazards on that date.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Puget Sound has determined that
potential hazards associated with the detonation will be a safety
concern for anyone transiting through the location of the operation.
This rule is needed to ensure the safety of the maritime public from
hazards associated with the unexploded ordnance detonation in the
vicinity of Naval Base Kitsap, Elwood Point, Bremerton, WA.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. on April
19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced during
two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8 a.m.
to 8 p.m. on April 20, 2017. The safety zone will cover all navigable
waters within 500 yards of 47[deg]35'30.8'' N. 122[deg]41'11.1'' W.,
which is located at Point Elwood on Naval Base Kitsap, located in
Ostrich Bay, southern end of Dyes Inlet. The duration of the zone is
intended to protect personnel,
[[Page 18396]]
vessels, and the marine environment from potential hazards created by
the unexploded ordnance detonation being conducted by the U.S. Navy.
The Captain of the Port may use Broadcast Notice to Mariners to grant
general permission to enter the zone within the effective period of
this rule once the detonation is complete and the zone is no longer
needed.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. Vessels wishing to enter the safety zone must request
permission to do so from the Captain of the Port, Puget Sound by
contacting the Joint Harbor Operations Center at 206-217-6001 or the
on-scene patrol craft, if any, via VHF-FM Channel 16. If permission for
entry is granted, vessels must proceed at a minimum speed for safe
navigation.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the limited nature
of the size and duration of the temporary safety zone. Moreover, the
Coast Guard will issue a Special Marine Information Broadcast via VHF-
FM Channel 16 about the safety zone and the rule allows vessels to seek
permission to enter the safety 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
above, this rule will not have a significant economic impact on any
vessel owner or operator, because the zone established in this rule is
limited in nature of size and duration.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 temporary safety zone that is limited in duration that
will prohibit entry within 500 yards of the designated area. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without 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
[[Page 18397]]
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T13-0313 to read as follows:
Sec. 165.T13-0313 Safety Zone; Unexploded Ordnance Detonation; Naval
Base Kitsap; Elwood Point; Bremerton, WA.
(a) Location. The following area is designated as a safety zone:
all waters within 500-yard radius of the unexploded ordnance
detonation, Naval Base Kitsap, Elwood Point (47[deg]35'30.8'' N,
122[deg]41'11.1'' W); Bremerton, WA.
(b) Regulations. In accordance with the general regulations in
subpart C of this part no person or vessel may enter or remain in the
safety zone unless authorized by the Captain of the Port, Puget Sound
or a designated representative. To request permission to enter the
safety zone, contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene patrol craft, if any, via VHF-FM Channel 16. If
permission for entry into the safety zone is granted, vessels or
persons must proceed at the minimum speed for safe navigation and in
compliance with any other directions given by the Captain of the Port,
Puget Sound or a designated representative.
(c) Effective period. This section is effective from 8 a.m. on
April 19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced
during two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8
a.m. to 8 p.m. on April 20, 2017.
Dated: April 13, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-07883 Filed 4-18-17; 8:45 am]
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