
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9972-9973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02681]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0084]
RIN 1625-AA00


Safety Zone; Operational Equipment Test; Bellingham Bay; 
Bellingham, 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 around barge Togiak Trader and tug Rosario within the Bellingham 
Bay Explosive Anchorage. The safety zone is necessary to ensure the 
safety of the maritime public due to an operational equipment test 
utilizing compressed air onboard that vessel. 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 his Designated 
Representative.

DATES: This rule is effective from 5 p.m. on February 8, 2017, to 5 
a.m. on February 10, 2017. It will only be enforced during two periods: 
From 5 p.m. on February 8, 2017, to 5 a.m. on February 9, 2017, and 
from 5 p.m. on February 9, 2017, to 5 a.m. on February 10, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0084 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 MST1 Wayne Lau, Waterways Management Division, U.S. Coast 
Guard; telephone 206-217-6051, email SectorPugetSoundWWM@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
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 from an operational equipment test in Bellingham 
Bay prior to conclusion of a notice and comment period.
    We are issuing this rule, and under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because of the potential 
maritime hazards associated with the operational equipment tests that 
are the subject of this rule will occur from February 8 through 10, 
2017, and this rule must be effective during these tests to protect 
against those hazards.

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 operational equipment tests 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 operational equipment tests in 
Bellingham Bay.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone that will be enforced 
during two 12-hour periods: From 5 p.m. on February 8, 2017, to 5 a.m. 
on February 9, 2017, and on from 5 p.m. on February 9, 2017, to 5 a.m. 
on February 10, 2017. The safety zone will cover all navigable waters 
within 500 yards of the barge Togiak Trader (ON:637310) and tug Rosario 
(ON:585319), located near 48[deg]42'48'' N. 122[deg]33'37'' W., within 
the explosives anchorage in Bellingham Bay.
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters while operational 
equipment testing 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 while the zone is subject to 
enforcement. Vessels wishing to enter the safety zone during the two 
enforcement periods 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.

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. 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. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Bellingham Bay. 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

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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. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. 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 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.T13-0084 to read as follows:


Sec.  165.T13-0084  Safety Zone; Operational Equipment Test; Bellingham 
Bay; Bellingham, WA.

    (a) Location. The following area is designated as a safety zone: 
All waters 500 yards around barge Togiak Trader (ON:637310) and tug 
Rosario (ON:585319), moored in vicinity of 48[deg]42'48'' N., 
122[deg]33'37'' W., within the Bellingham Bay explosives anchorage.
    (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 while it is subject to enforcement as specified in 
paragraph (c) of this section unless authorized by the Captain of the 
Port, Puget Sound or his 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.
    (c) Enforcement periods. This section will be enforced from from 5 
p.m. on February 8, 2017, to 5 a.m. on February 9, 2017, and from 5 
p.m. on February 9, 2017, to 5 a.m. on February 10, 2017.

    Dated: February 2, 2017.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-02681 Filed 2-8-17; 8:45 am]
BILLING CODE 9110-04-P


