[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Page 18491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08871]



[[Page 18491]]

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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: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking entitled ``Anchorages; Captain of the Port Puget Sound Zone, 
WA'' that we published on February 10, 2017. The Coast Guard is 
withdrawing this rulemaking in response to public comments and to 
better analyze potential impacts to tribal treaty rights, especially 
treaty fishing rights.

DATES: The notice of proposed rulemaking is withdrawn on April 27, 
2018.

ADDRESSES: The docket for this withdrawn rulemaking is available by 
searching docket number USCG-2016-0916 using the Federal portal at 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of inquiry, 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

    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 feedback from concerned 
citizens, commercial entities, environmental groups, and from Indian 
Tribal Governments and tribal officials regarding the proposed 
rulemaking. These comments were made available in the docket. Based on 
the information received from the tribes in the docket, the Coast Guard 
is withdrawing the proposed rulemaking at this time so as to better 
analyze tribal impacts before conducting further rulemaking on 
anchorages in Puget Sound. The Coast Guard actively exercises its 
authority to manage vessel traffic in the Puget Sound in a safe and 
effective manner, both historically and at present. The Coast Guard is 
committed to improving the navigational safety of all Puget Sound 
waterway users, and is continually engaged in efforts to improve safety 
through coordination with waterways users.
    The Coast Guard provided notice of its intent to withdraw the 
rulemaking and also its intent not to schedule consultation with the 
tribes on the proposed rulemaking in light of the withdrawal. In that 
published notification (82 FR 54307, November 17, 2017), the Coast 
Guard requested comment on whether or not withdrawal is appropriate, 
and also if tribal consultation was still necessary in light of the 
Coast Guard's stated intent to withdraw the proposed rule.

III. Discussion of Comments

    The Coast Guard received nine written submissions in response to 
its request for comment on its intent to withdraw the proposed rule; 
six concerned citizens, two on behalf of coalitions of environmental 
groups, and one from a federally recognized tribe. Of the nine 
commenters, one commenter supported the withdrawal, three commenters 
indicated that withdrawal is not supported without an environmental 
impact statement being done, one commenter supported continuing with 
the rule so long as an environmental impact study is conducted, and 
four commenters made no affirmative or negative comment on withdrawal 
of the proposed rule, but requested an environmental impact statement. 
The Coast Guard is withdrawing its proposed rulemaking based on the 
comments received and in order to better analyze the impacts to tribal 
treaty rights, especially treaty fishing rights.
    All commenters requested or emphasized the importance of an 
environmental impact statement. The Coast Guard will follow all 
applicable laws and regulations, including the National Environmental 
Policy Act, with respect to any anchorages rulemaking in the Puget 
Sound that may be conducted in the future.
    Two commenters requested the Coast Guard conduct an environmental 
impact statement on the use of uncodified anchorages before withdrawing 
the current proposed rule. The Coast Guard's withdrawal of the proposed 
anchorage rule is not a government action for which an environmental 
impact statement on the uncodified anchorages is required.
    Two commenters indicated that tribal consultation is appropriate 
within the proposal area with respect to the proposed rule, two 
commenters deferred to tribal governments on the issue of whether 
tribal consultation on this rule is appropriate, and one tribe 
commented that it had previously engaged with the Coast Guard on a 
government-to-government basis and submitted comments on the proposed 
rule. The Coast Guard is committed to upholding its responsibilities as 
the federal trustee of the tribes' interests, and will conduct formal 
government-to-government consultation when required under Executive 
Order 13175. The Coast Guard is withdrawing the current proposed 
rulemaking and has engaged with the tribes to address broader treaty 
rights issues in processes outside this rulemaking. As a result of the 
above actions, the Coast Guard will not conduct consultation on this 
specific rulemaking.

IV. Withdrawal

    The Coast Guard has determined that withdrawing the proposed rule 
is appropriate based on the new information received from the tribes in 
the docket. Accordingly, the Coast Guard is withdrawing the 
``Anchorages; Captain of the Port Puget Sound Zone, WA'' proposed 
rulemaking announced in an NPRM published February 10, 2017 (82 FR 
10313). As noted, the Coast Guard has the authority and ability to 
manage vessel traffic in the Puget Sound in a safe and effective 
manner. We are committed to improving the navigational safety of all 
Puget Sound waterway users, and will continually consider ways to do so 
in an effective and least burdensome manner consistent with tribal 
treaty fishing rights.

    Dated: April 23, 2018.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-08871 Filed 4-26-18; 8:45 am]
 BILLING CODE 9110-04-P


