80_FR_65854 80 FR 65647 - Safety Zone; Rich Passage, Manchester, WA

80 FR 65647 - Safety Zone; Rich Passage, Manchester, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 207 (October 27, 2015)

Page Range65647-65649
FR Document2015-27304

The Coast Guard is establishing a temporary safety zone encompassing all navigable waters within a designed area in the vicinity of the Manchester Fuel Piers, Manchester, Washington. This safety zone is necessary to ensure the safety of the waterway users and participants of a maritime training exercise. The temporary safety zone will prohibit any person or vessel not involved in the training exercise from entering or remaining in the safety zone unless authorized by the Captain of the Port, Puget Sound (COTP) or his designated representative.

Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65647-65649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27304]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0943]
RIN 1625-AA00


Safety Zone; Rich Passage, Manchester, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing all navigable waters within a designed area in the 
vicinity of the Manchester Fuel Piers, Manchester, Washington. This 
safety zone is necessary to ensure the safety of the waterway users and 
participants of a maritime training exercise. The temporary safety zone 
will prohibit any person or vessel not involved in the training 
exercise from entering or remaining in the safety zone unless 
authorized by the Captain of the Port, Puget Sound (COTP) or his 
designated representative.

DATES: This rule is effective from 7 a.m. on November 2, 2015 until 6 
p.m. on November 8, 2015. This rule shall be enforced during actual 
training operations occurring within the effective period while 
exercise participants are present in the safety zone.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0943 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 Lieutenant Kate Haseley, Waterways Management Division, 
Coast Guard Sector Puget Sound; 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 (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 publishing an NPRM would be impracticable as 
delayed promulgation may result in injury or damage to the maritime 
public and response vessels prior to conclusion of a notice and comment 
period.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), 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 immediate action is 
needed to minimize the potential impact to the waterway users and 
emergency response personnel involved in the training exercise.

III. Legal Authority and Need for Rule

    The Coast Guard has authority to issue a rule under authority in 33 
U.S.C. 1231. The Captain of the Port, Puget Sound has determined that 
potential hazards associated with the training exercise will be a 
safety concern for anyone transiting through the operational location 
of the exercise. A safety zone is needed to ensure the safety of the 
maritime public and emergency response vessels participating in the 
exercise by preventing collisions between exercising vessels and the 
maritime public, and by keeping the maritime public a safe distance 
away from elements associated with the exercise.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone that will 
encompass all navigable waters within an area established by the 
following points: 47[deg]34'13'' N., 122[deg]32'12'' W., thence 
southeast to 47[deg]33'41'' N., 122[deg]31'07'' W., thence southwest to 
47[deg]33'15'' N., 122[deg]32'04'' W., thence south to 47[deg]31'49 N., 
122[deg]31'47'' W., thence west to 47[deg]31'55'' N., 122[deg]32'28'' 
W., thence north to 47[deg]33'20'' N., 122[deg]32'29'' W., thence 
northeast to

[[Page 65648]]

47[deg]34'08'' N., 122[deg]32'17'' W., located near the Manchester fuel 
piers, Manchester, WA and is effective from 7 a.m. on November 2, 2015 
until 6 p.m. on November 8, 2015 when vessel exercise participants are 
present in the safety zone. 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 Law Enforcement 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 Broadcast Notice to Mariners 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 lasting less than 29 days that 
will prohibit entry into various training exercise operations within 
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.


[[Page 65649]]


    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.T13-300 to read as follows:


Sec.  165.T13-300  Safety Zone; Manchester, WA

    (a) Location. The temporary safety zone established in this rule 
will encompass all navigable waters within an area established by the 
following points: 47[deg]34'13'' N., 122[deg]32'12'' W., thence 
southeast to 47[deg]33'41'' N., 122[deg]31'07'' W., thence southwest to 
47[deg]33'15'' N., 122[deg]32'04'' W., thence south to 47[deg]31'49 N., 
122[deg]31'47'' W., thence west to 47[deg]31'55'' N., 122[deg]32'28'' 
W., thence north to 47[deg]33'20'' N., 122[deg]32'29'' W., thence 
northeast to 47[deg]34'08'' N., 122[deg]32'17'' W., located near the 
Manchester fuel piers, Manchester, WA.
    (b) Regulations. In accordance with the general regulations in 33 
CFR 165, Subpart C, no person or vessel may enter or remain in the 
safety zone 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 Law Enforcement 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 his designated representative.
    (c) Dates. This rule is effective from 7 a.m. on November 2, 2015 
until 6 p.m. on November 8, 2015. This rule shall be enforced during 
actual training operations occurring within the effective period while 
exercise participants are present in the safety zone.

    Dated: October 9, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-27304 Filed 10-26-15; 8:45 am]
BILLING CODE 9110-04-P



                                                             Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations                                       65647

                                            effective. 80 FR 55029 (September 14,                   DEPARTMENT OF HOMELAND                                II. Background Information and
                                            2015).                                                  SECURITY                                              Regulatory History
                                               The Court of Appeals issued the                                                                               The Coast Guard is issuing this
                                                                                                    Coast Guard
                                            mandate directing the district court to                                                                       temporary rule without prior notice and
                                            enter a new judgment in favor of the                                                                          opportunity to comment pursuant to
                                                                                                    33 CFR Part 165
                                            Department on October 13, 2015. The                                                                           authority under section 4(a) of the
                                            Department will therefore not bring                                                                           Administrative Procedure Act (5 U.S.C.
                                                                                                    [Docket Number USCG–2015–0943]                        553(b)). This provision authorizes an
                                            enforcement actions against any
                                            employer for violations of FLSA                                                                               agency to issue a rule without prior
                                            obligations resulting from the amended                  RIN 1625–AA00                                         notice and opportunity to comment
                                            domestic service regulations before                                                                           when the agency for good cause finds
                                                                                                    Safety Zone; Rich Passage,                            that those procedures are
                                            November 12, 2015.
                                                                                                    Manchester, WA                                        ‘‘impracticable, unnecessary, or contrary
                                               This 30-day non-enforcement policy                                                                         to the public interest.’’ Under 5 U.S.C.
                                            does not replace or affect the timeline of              AGENCY:    Coast Guard, DHS.                          553(b)(B), the Coast Guard finds that
                                            the Department’s existing time-limited                  ACTION:   Temporary final rule.                       good cause exists for not publishing a
                                            non-enforcement policy announced in                                                                           notice of proposed rulemaking (NPRM)
                                            October 2014. 79 FR 60974. Therefore,                   SUMMARY:   The Coast Guard is                         with respect to this rule publishing an
                                            from November 12, 2015 through                          establishing a temporary safety zone                  NPRM would be impracticable as
                                            December 31, 2015, the Department will                  encompassing all navigable waters                     delayed promulgation may result in
                                            exercise prosecutorial discretion in                    within a designed area in the vicinity of             injury or damage to the maritime public
                                            determining whether to bring                            the Manchester Fuel Piers, Manchester,                and response vessels prior to conclusion
                                            enforcement actions, with particular                    Washington. This safety zone is                       of a notice and comment period.
                                            consideration given to the extent to                    necessary to ensure the safety of the                    We are issuing this rule, and under 5
                                            which States and other entities have                    waterway users and participants of a                  U.S.C. 553(d)(3), the Coast Guard finds
                                            made good faith efforts to bring their                  maritime training exercise. The                       that good cause exists for making it
                                            home care programs into compliance                      temporary safety zone will prohibit any               effective less than 30 days after
                                            with the FLSA since the promulgation                    person or vessel not involved in the                  publication in the Federal Register.
                                            of the Final Rule. The Department will                  training exercise from entering or                    Delaying the effective date of this rule
                                            also continue to provide intensive                      remaining in the safety zone unless                   would be impracticable because
                                            technical assistance to the regulated                   authorized by the Captain of the Port,                immediate action is needed to minimize
                                                                                                    Puget Sound (COTP) or his designated                  the potential impact to the waterway
                                            community up to and after December
                                                                                                    representative.                                       users and emergency response
                                            31, 2015, as it has since promulgation of
                                            the Final Rule.                                         DATES:  This rule is effective from 7 a.m.            personnel involved in the training
                                                                                                    on November 2, 2015 until 6 p.m. on                   exercise.
                                            II. Regulatory Requirements                             November 8, 2015. This rule shall be                  III. Legal Authority and Need for Rule
                                                                                                    enforced during actual training
                                               This Policy Statement is guidance                                                                             The Coast Guard has authority to
                                                                                                    operations occurring within the
                                            articulating considerations relevant to                                                                       issue a rule under authority in 33 U.S.C.
                                                                                                    effective period while exercise
                                            the Department’s exercise of its                                                                              1231. The Captain of the Port, Puget
                                                                                                    participants are present in the safety
                                            enforcement authority under the FLSA.                   zone.                                                 Sound has determined that potential
                                            It is therefore exempt from the notice-                                                                       hazards associated with the training
                                            and-comment rulemaking requirements                     ADDRESSES:   To view documents                        exercise will be a safety concern for
                                            under the Administrative Procedure Act                  mentioned in this preamble as being                   anyone transiting through the
                                            pursuant to 5 U.S.C. 553(b).                            available in the docket, go to http://                operational location of the exercise. A
                                                                                                    www.regulations.gov, type USCG–2015–                  safety zone is needed to ensure the
                                               Because no notice of proposed
                                                                                                    0943 in the ‘‘SEARCH’’ box and click                  safety of the maritime public and
                                            rulemaking is required, the Regulatory
                                                                                                    ‘‘SEARCH.’’ Click on Open Docket                      emergency response vessels
                                            Flexibility Act does not require an                     Folder on the line associated with this               participating in the exercise by
                                            initial or final regulatory flexibility                 rule.                                                 preventing collisions between
                                            analysis. 5 U.S.C. 603(a), 604(a). The                                                                        exercising vessels and the maritime
                                            Department has determined that this                     FOR FURTHER INFORMATION CONTACT:     If
                                                                                                    you have questions on this rule, call or              public, and by keeping the maritime
                                            guidance does not impose any new or                                                                           public a safe distance away from
                                            revise any existing recordkeeping,                      email Lieutenant Kate Haseley,
                                                                                                    Waterways Management Division, Coast                  elements associated with the exercise.
                                            reporting, or disclosure requirements on
                                                                                                    Guard Sector Puget Sound; telephone                   IV. Discussion of the Rule
                                            covered entities or members of the
                                                                                                    206–217–6051, email
                                            public that would be collections of                                                                             The Coast Guard is establishing a
                                                                                                    SectorPugetSoundWWM@uscg.mil.
                                            information requiring OMB approval                                                                            temporary safety zone that will
                                            under the Paperwork Reduction Act, 44                   SUPPLEMENTARY INFORMATION:                            encompass all navigable waters within
                                            U.S.C. 3501 et seq.                                     I. Table of Abbreviations                             an area established by the following
                                              Dated: October 21, 2015.
                                                                                                                                                          points: 47°34′13″ N., 122°32′12″ W.,
                                                                                                    CFR—Code of Federal Regulations                       thence southeast to 47°33′41″ N.,
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                                            David Weil,                                             DHS—Department of Homeland Security                   122°31′07″ W., thence southwest to
                                            Administrator, Wage and Hour Division.                  E.O.—Executive order
                                                                                                    FR—Federal Register
                                                                                                                                                          47°33′15″ N., 122°32′04″ W., thence
                                            [FR Doc. 2015–27332 Filed 10–26–15; 8:45 am]
                                                                                                    NPRM—Notice of proposed rulemaking                    south to 47°31′49 N., 122°31′47″ W.,
                                            BILLING CODE 4510–27–P                                  Pub. L.—Public Law                                    thence west to 47°31′55″ N., 122°32′28″
                                                                                                    §—Section                                             W., thence north to 47°33′20″ N.,
                                                                                                    U.S.C.—United States Code                             122°32′29″ W., thence northeast to


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                                            65648            Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations

                                            47°34′08″ N., 122°32′17″ W., located                    reasons stated in section V above, this               believe this rule has implications for
                                            near the Manchester fuel piers,                         rule will not have a significant                      federalism or Indian tribes, please
                                            Manchester, WA and is effective from 7                  economic impact on any vessel owner                   contact the person listed in the FOR
                                            a.m. on November 2, 2015 until 6 p.m.                   or operator, because the zone                         FURTHER INFORMATION CONTACT section
                                            on November 8, 2015 when vessel                         established in this rule is limited in                above.
                                            exercise participants are present in the                nature of size and duration.
                                            safety zone. Vessels wishing to enter the                  Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                            safety zone must request permission to                  Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                            do so from the Captain of the Port, Puget               Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                                                                          of 1995 (2 U.S.C. 1531–1538) requires
                                            Sound by contacting the Joint Harbor                    we want to assist small entities in
                                                                                                                                                          Federal agencies to assess the effects of
                                            Operations Center at 206–217–6001 or                    understanding this rule. If the rule
                                                                                                                                                          their discretionary regulatory actions. In
                                            the on-scene Law Enforcement patrol                     would affect your small business,
                                                                                                                                                          particular, the Act addresses actions
                                            craft, if any, via VHF–FM Channel 16.                   organization, or governmental
                                                                                                                                                          that may result in the expenditure by a
                                            If permission for entry is granted,                     jurisdiction and you have questions
                                                                                                                                                          State, local, or tribal government, in the
                                            vessels must proceed at a minimum                       concerning its provisions or options for
                                                                                                                                                          aggregate, or by the private sector of
                                            speed for safe navigation.                              compliance, please contact the person
                                                                                                                                                          $100,000,000 (adjusted for inflation) or
                                                                                                    listed in the FOR FURTHER INFORMATION
                                            V. Regulatory Analyses                                                                                        more in any one year. Though this rule
                                                                                                    CONTACT section.
                                                                                                       Small businesses may send comments                 will not result in such an expenditure,
                                              We developed this rule after
                                                                                                    on the actions of Federal employees                   we do discuss the effects of this rule
                                            considering numerous statutes and
                                                                                                    who enforce, or otherwise determine                   elsewhere in this preamble.
                                            executive orders (E.O.s) related to
                                            rulemaking. Below we summarize our                      compliance with, Federal regulations to               F. Environment
                                            analyses based on a number of these                     the Small Business and Agriculture
                                            statutes and E.O.s, and we discuss First                Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                            Amendment rights of protestors.                         and the Regional Small Business                       Department of Homeland Security
                                                                                                    Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                            A. Regulatory Planning and Review                       Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                               E.O.s 12866 and 13563 direct agencies                annually and rates each agency’s                      which guide the Coast Guard in
                                            to assess the costs and benefits of                     responsiveness to small business. If you              complying with the National
                                            available regulatory alternatives and, if               wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                            regulation is necessary, to select                      employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                            regulatory approaches that maximize                     888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                            net benefits. E.O. 13563 emphasizes the                 Coast Guard will not retaliate against                category of actions that do not
                                            importance of quantifying both costs                    small entities that question or complain              individually or cumulatively have a
                                            and benefits, of reducing costs, of                     about this rule or any policy or action               significant effect on the human
                                            harmonizing rules, and of promoting                     of the Coast Guard.                                   environment. This rule involves a
                                            flexibility. This rule has not been                                                                           temporary safety zone lasting less than
                                            designated a ‘‘significant regulatory                   C. Collection of Information                          29 days that will prohibit entry into
                                            action,’’ under E.O. 12866. Accordingly,                  This rule will not call for a new                   various training exercise operations
                                            it has not been reviewed by the Office                  collection of information under the                   within the designated area. It is
                                            of Management and Budget.                               Paperwork Reduction Act of 1995 (44                   categorically excluded from further
                                               This regulatory action determination                 U.S.C. 3501–3520).                                    review under paragraph 34(g) of Figure
                                            is based on the limited nature of the size                                                                    2–1 of the Commandant Instruction. An
                                                                                                    D. Federalism and Indian Tribal
                                            and duration of the temporary safety                                                                          environmental analysis checklist
                                                                                                    Governments
                                            zone. Moreover, the Coast Guard will                                                                          supporting this determination and a
                                            issue a Broadcast Notice to Mariners via                   A rule has implications for federalism             Categorical Exclusion Determination are
                                            VHF–FM Channel 16 about the safety                      under E.O. 13132, Federalism, if it has               available in the docket where indicated
                                            zone and the rule allows vessels to seek                a substantial direct effect on the States,            under ADDRESSES. We seek any
                                            permission to enter the safety zone.                    on the relationship between the national              comments or information that may lead
                                                                                                    government and the States, or on the                  to the discovery of a significant
                                            B. Impact on Small Entities                             distribution of power and                             environmental impact from this rule.
                                               The Regulatory Flexibility Act of                    responsibilities among the various
                                            1980, 5 U.S.C. 601–612, as amended,                     levels of government. We have analyzed                G. Protest Activities
                                            requires Federal agencies to consider                   this rule under that Order and have
                                            the potential impact of regulations on                  determined that it is consistent with the               The Coast Guard respects the First
                                            small entities during rulemaking. The                   fundamental federalism principles and                 Amendment rights of protesters.
                                            term ‘‘small entities’’ comprises small                 preemption requirements described in                  Protesters are asked to contact the
                                            businesses, not-for-profit organizations                E.O. 13132.                                           person listed in the FOR FURTHER
                                                                                                       Also, this rule does not have tribal               INFORMATION CONTACT section to
                                            that are independently owned and
                                            operated and are not dominant in their                  implications under E.O. 13175,                        coordinate protest activities so that your
                                            fields, and governmental jurisdictions                  Consultation and Coordination with                    message can be received without
                                            with populations of less than 50,000.                   Indian Tribal Governments, because it                 jeopardizing the safety or security of
                                            The Coast Guard certifies under 5 U.S.C.                does not have a substantial direct effect             people, places or vessels.
tkelley on DSK3SPTVN1PROD with RULES




                                            605(b) that this rule will not have a                   on one or more Indian tribes, on the                  List of Subjects in 33 CFR Part 165
                                            significant economic impact on a                        relationship between the Federal
                                            substantial number of small entities.                   Government and Indian tribes, or on the                 Harbors, Marine safety, Navigation
                                               While some owners or operators of                    distribution of power and                             (water), Reporting and recordkeeping
                                            vessels intending to transit the safety                 responsibilities between the Federal                  requirements, Security measures,
                                            zone may be small entities, for the                     Government and Indian tribes. If you                  Waterways.


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                                                             Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations                                         65649

                                              For the reasons discussed in the                      DEPARTMENT OF COMMERCE                                expend to comply with these foreign IP
                                            preamble, the Coast Guard amends 33                                                                           office requirements, and enhance the
                                            CFR part 165 as follows:                                Patent and Trademark Office                           quality of patent examination.
                                                                                                                                                          DATES: Effective Date: The changes in
                                            PART 165—REGULATED NAVIGATION                           37 CFR Part 1                                         this final rule are effective on November
                                            AREAS AND LIMITED ACCESS AREAS                                                                                30, 2015. The revised ADS form (PTO/
                                                                                                    [Docket No.: PTO–P–2014–0012]
                                                                                                                                                          AIA/14) will be posted on the Office’s
                                            ■ 1. The authority citation for part 165                RIN 0651–AC95                                         Web site on or before the effective date.
                                            continues to read as follows:                                                                                    Applicability Date: The changes to 37
                                                                                                    Changes To Facilitate Applicant’s                     CFR 1.14(h) apply to all patent
                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Authorization of Access to
                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     applications filed before November 30,
                                                                                                    Unpublished U.S. Patent Applications                  2015, and to all patent applications filed
                                            Department of Homeland Security Delegation              by Foreign Intellectual Property Offices
                                            No. 0170.1.                                                                                                   on or after November 30, 2015.
                                                                                                    AGENCY:  United States Patent and                     FOR FURTHER INFORMATION CONTACT:
                                            ■ 2. Add § 165.T13–300 to read as                       Trademark Office, Commerce.                           Susy Tsang-Foster, Senior Legal Advisor
                                            follows:                                                ACTION: Final rule.                                   (telephone (571) 272–7711; electronic
                                                                                                                                                          mail message (susy.tsang-foster@
                                            § 165.T13–300     Safety Zone; Manchester,              SUMMARY:    The electronic sharing of                 uspto.gov)) or Joseph F. Weiss, Jr.,
                                            WA                                                      information and documents between                     Senior Legal Advisor (telephone (571)
                                              (a) Location. The temporary safety                    intellectual property (IP) offices is                 272–2259; electronic mail message
                                            zone established in this rule will                      critical for increasing the efficiency and            (joseph.weiss@uspto.gov)), of the Office
                                            encompass all navigable waters within                   quality of patent examination                         of Patent Legal Administration, Office of
                                            an area established by the following                    worldwide. Current examples of this                   the Deputy Commissioner for Patent
                                            points: 47°34′13″ N., 122°32′12″ W.,                    sharing include the priority document                 Examination Policy.
                                            thence southeast to 47°33′41″ N.,                       exchange (PDX) program and the                        SUPPLEMENTARY INFORMATION:
                                            122°31′07″ W., thence southwest to                      program by which U.S. search results                     Executive Summary: Purpose: 37 CFR
                                            47°33′15″ N., 122°32′04″ W., thence                     are delivered to the European Patent                  1.14(h) regulates access by foreign IP
                                            south to 47°31′49 N., 122°31′47″ W.,                    Office (EPO). In support of electronic                offices to U.S. applications. Formerly,
                                            thence west to 47°31′55″ N., 122°32′28″                 file sharing, the United States Patent                37 CFR 1.14(h) contained only a specific
                                            W., thence north to 47°33′20″ N.,                       and Trademark Office (Office) is                      provision by which an applicant could
                                            122°32′29″ W., thence northeast to                      revising its rules of practice to include             authorize the Office to give a foreign IP
                                            47°34′08″ N., 122°32′17″ W., located                    a specific provision by which an                      office participating with the Office in a
                                            near the Manchester fuel piers,                         applicant can authorize the Office to                 bilateral or multilateral priority
                                            Manchester, WA.                                         give a foreign IP office that is a party to           document exchange agreement access to
                                                                                                    an agreement with the Office access to                a U.S. application-as-filed. 37 CFR
                                              (b) Regulations. In accordance with                   all or part of the file contents of an                1.14(h) is now expanded to also include
                                            the general regulations in 33 CFR 165,                  unpublished U.S. patent application in                a specific provision by which, under
                                            Subpart C, no person or vessel may                      order to satisfy a requirement for                    certain circumstances, an applicant can
                                            enter or remain in the safety zone unless               information imposed on a counterpart                  authorize the Office to give a foreign IP
                                            authorized by the Captain of the Port,                  application filed with the foreign IP                 office access to all or part of the file
                                            Puget Sound or his designated                           office. Previously, for unpublished U.S.              contents of a U.S. patent application in
                                            representative. To request permission to                patent applications, applicants followed              order to satisfy the foreign IP office’s
                                            enter the safety zone, contact the Joint                one regulatory provision to provide the               requirement for information.
                                            Harbor Operations Center at 206–217–                    Office with authorization for a foreign IP               Summary of Major Provisions: This
                                            6001, or the on-scene Law Enforcement                   office to access an application-as-filed              final rule primarily provides a specific
                                            patrol craft, if any, via VHF–FM                        and followed another regulatory                       provision by which an applicant can
                                            Channel 16. If permission for entry into                provision to provide the Office with                  authorize the Office to provide a foreign
                                            the safety zone is granted, vessels or                  authorization to share the file contents              IP office access to all or part of the file
                                            persons must proceed at the minimum                     with a foreign IP office. The final rule              contents of a U.S. patent application
                                            speed for safe navigation and in                        changes consolidate the specific                      where the foreign IP office has imposed
                                            compliance with any other directions                    provisions of the regulations by which                a requirement for information on a
                                            given by the Captain of the Port, Puget                 applicants give the Office authority to               counterpart application filed with that
                                            Sound or his designated representative.                 provide a foreign IP office with access               office and is a party to a bilateral or
                                              (c) Dates. This rule is effective from                to an application in order to satisfy a               multilateral agreement with the Office
                                            7 a.m. on November 2, 2015 until 6 p.m.                 requirement for information of the                    to provide the required information
                                            on November 8, 2015. This rule shall be                 foreign IP office. The Office is also                 from the U.S. application.
                                            enforced during actual training                         revising the rules of practice to indicate               This final rule also revises the rules
                                            operations occurring within the                         there is no fee for providing a foreign IP            of practice to indicate that there is no
                                            effective period while exercise                         office with an electronic copy of an                  fee for providing a foreign IP office with
                                            participants are present in the safety                  application-as-filed or an electronic                 an electronic copy of an application-as-
                                            zone.                                                   copy of file contents pursuant to a                   filed or an electronic copy of file
                                                                                                    bilateral or multilateral agreement.                  contents pursuant to a bilateral or
tkelley on DSK3SPTVN1PROD with RULES




                                              Dated: October 9, 2015.
                                                                                                    Additionally, along with changes to the               multilateral agreement. Previously, the
                                            M.W. Raymond,                                           application data sheet (ADS) form, the                regulations only indicated that there
                                            Captain, U.S. Coast Guard, Captain of the               final rule changes simplify the process               was no fee for providing a foreign IP
                                            Port, Puget Sound.                                      for how applicants provide the Office                 office with a copy of an application-as-
                                            [FR Doc. 2015–27304 Filed 10–26–15; 8:45 am]            with the required authorization, thereby              filed pursuant to a priority document
                                            BILLING CODE 9110–04–P                                  reducing the resources applicants must                exchange agreement.


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Document Created: 2015-12-14 15:36:49
Document Modified: 2015-12-14 15:36:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7 a.m. on November 2, 2015 until 6 p.m. on November 8, 2015. This rule shall be enforced during actual training operations occurring within the effective period while exercise participants are present in the safety zone.
ContactIf you have questions on this rule, call or email Lieutenant Kate Haseley, Waterways Management Division, Coast Guard Sector Puget Sound; telephone 206-217-6051, email [email protected]
FR Citation80 FR 65647 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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