[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Proposed Rules]
[Page 54307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24942]



[[Page 54307]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0916]
RIN 1625-AA01


Anchorages; Captain of the Port Puget Sound Zone, WA

AGENCY: Coast Guard, DHS.

ACTION: Notification of intent to withdraw proposed rule; request for 
comments.

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SUMMARY: The Coast Guard intends to withdraw the proposed anchorage 
rule entitled ``Anchorages; Captain of the Port Puget Sound Zone, WA'' 
that we published on February 10, 2017. The Coast Guard does not 
currently plan to pursue this rulemaking and consequently does not 
intend to schedule tribal consultation on the proposed rule. Given the 
Coast Guard's intent to withdraw, in this request for comment, the 
Coast Guard is asking if withdrawal is appropriate and if tribal 
consultation specific to this rulemaking is still appropriate.

DATES: Your comments and related material must reach the Coast Guard on 
or before January 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0916 using the Federal portal at http://www.regulations.gov. See 
the ``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notification of intent, call or email LCDR Christina Sullivan, U.S. 
Coast Guard Sector Puget Sound; telephone 206-217-6042, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

FR Federal Register
NPRM Notice of Proposed Rulemaking

II. Background and Purpose

    We published a notice of proposed rulemaking (NPRM) in the Federal 
Register on February 10, 2017 (82 FR 10313), entitled ``Anchorages; 
Captain of the Port Puget Sound Zone, WA.'' In the NPRM, we proposed 
the creation of several new anchorages, holding areas, and a non-
anchorage area as well as the expansion of one existing general 
anchorage in the Puget Sound area, as detailed in the proposed 
regulatory text. The Coast Guard received input from a number of tribes 
expressing concern about the current rulemaking and based on that 
input, we intend to withdraw the proposed anchorage rule.
    Four months after publishing the NPRM, the Coast Guard provided 
notice of its intent to conduct a government to government consultation 
with the tribes on the proposed rulemaking. In that published 
notification of tribal consultation (82 FR 25207, June 1, 2017), the 
Coast Guard stated that it would post a written summary of the 
government to government tribal consultation to the docket, and that 
members of the public would have time to submit further comments 
between the posting of the summary of the tribal consultation and the 
closing of the comment period. The tribal consultation was postponed at 
the request of the participants, and has not been rescheduled.
    Because the Coast Guard published a notice of formal tribal 
government to government consultation on this proposed rule, the Coast 
Guard wants to ensure that tribal governments have an opportunity to 
indicate whether they believe tribal consultation is necessary in light 
of our intent to withdraw the proposed rule. Tribal governments that 
believe consultation on this proposed rule is necessary should comment 
in the docket, and may also contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.
    Canceling tribal consultation on this specific proposed rule does 
not prevent other consultation from occurring. The Coast Guard supports 
a separate government to government consultation with the tribes 
regarding tribal treaty rights and broader issues of waterways usage 
outside of the rulemaking process. Accordingly, the Coast Guard will 
conduct outreach regarding the scope of a potential separate government 
to government consultation independently of this notification of intent 
and request for comment.
    If the Coast Guard decides to withdraw the proposed rule, we will 
issue a notification of withdrawal.

III. Information Requested

    We are requesting comment from interested persons, particularly 
from tribal officials, tribal governments, tribal organizations, and 
tribal members on whether withdrawal is appropriate, and whether a 
government to government consultation on this anchorages rulemaking is 
desired in light of the Coast Guard's intent to withdraw from the 
rulemaking. Because the Coast Guard intends to withdraw from this 
rulemaking, the Coast Guard believes that tribal government to 
government consultation on this proposed anchorages rulemaking is no 
longer necessary.

IV. Public Participation and Request for Comments

    We encourage you to submit comments through the Federal portal at 
http://www.regulations.gov. If your material cannot be submitted using 
http://www.regulations.gov, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions. In your submission, please include the docket number for 
this notification of intent and provide a reason for each suggestion or 
recommendation.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this notification of intent as being 
available in the docket, and all public comments, will be in our online 
docket at http://www.regulations.gov and can be viewed by following 
that Web site's instructions.
    This document is issued under authority of 5 U.S.C. 552(a).

    Dated: November 9, 2017.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-24942 Filed 11-16-17; 8:45 am]
 BILLING CODE 9110-04-P


