82 FR 10313 - Anchorages; Captain of the Port Puget Sound Zone, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range		10313-10316
FR Document		2017-02683
The Coast Guard proposes the creation of several new anchorages and holding areas as well as a non-anchorage area, the expansion of one existing general anchorage, and the establishment of new and clarification of existing regulations governing such anchorages and areas in the Puget Sound area. This action is necessary to provide enhanced safety for maritime traffic in the Puget Sound area. We invite your comments on this proposed rulemaking.
Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Proposed Rules]
[Pages 10313-10316]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02683]


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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.

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SUMMARY: The Coast Guard proposes the creation of several new 
anchorages and holding areas as well as a non-anchorage area, the 
expansion of one existing general anchorage, and the establishment of 
new and clarification of existing regulations governing such anchorages 
and areas in the Puget Sound area. This action is necessary to provide 
enhanced safety for maritime traffic in the Puget Sound area. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 11, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0916 using the Federal eRulemaking 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 
proposed rulemaking, call or email Mr. Laird Hail, U.S. 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Previous rulemakings defined a number of anchorages and one non-
anchorage area throughout the greater Puget Sound area. Since those 
rulemakings, additional informal anchorages, holding areas, and a non-
anchorage area have been utilized to accommodate the wide variety of 
vessels now calling on Puget Sound ports. Coast Guard Vessel Traffic 
Service (VTS) Puget Sound, working with shipping agents, pilots, and 
other stakeholders, identified and started using these anchorages and 
areas to improve the safety of maritime traffic. Because these 
anchorages and areas are not formally established, however, they are 
not included on nautical charts, referenced in the Coast Pilot, or 
subject to regulations. Accordingly, this proposed rule would formally 
designate these anchorages and areas. In addition, it would establish 
new and clarify existing regulations governing the use of all 
anchorages and areas in the Puget Sound area. The purpose of these 
actions is to improve the safety of all Puget Sound waterway users. The 
Coast Guard proposes this rulemaking under the authority established in 
33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1; and Department 
of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    This rulemaking proposes 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. Graphic depictions of the anchorages, holding 
areas, and non-anchorage area are included in the docket. In general, 
they are located in the vicinity of Port Townsend, Commencement Bay, 
Port Angeles, Vendovi Island, Quartermaster Harbor, and Budd Inlet. The 
proposed anchorages and areas have been used for many years informally, 
however, they

[[Page 10314]]

are not included on nautical charts, referenced in the Coast Pilot, or 
subject to anchorage regulations. This rulemaking also proposes new and 
updated regulations governing anchorages and areas in the Puget Sound 
area, as detailed in the proposed regulatory text. In general, they 
clarify the existing regulations establishing rules for the use of 
anchorages and areas generally and create new anchorage regulations 
establishing rules for the use of the new anchorages and areas created 
by this rule. The codification of these anchorages and areas, along 
with the new and updated regulations, would improve the safety of all 
Puget Sound waterway users by having the anchorages and areas included 
on nautical charts, referenced in the Coast Pilot, subject to 
appropriate regulations, and available to VTS Puget Sound whenever 
necessary to manage vessel traffic.

IV. Regulatory Analyses

    We developed this proposed 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.

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This determination is based on the fact that the affected areas of 
the Puget Sound have been used historically as informal anchorages and 
areas in the manner proposed and the new and updated regulations will 
not impose significant limitations on the current use of the existing 
or new anchorages or areas.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some of the maritime users intending to use the affected 
areas of the Puget Sound may be small entities, for the reasons stated 
in section IV.A. above this proposed rule would not have a significant 
economic impact on such entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 Executive Order 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. 
Regardless, the Coast Guard consulted with the Indian Tribal 
Governments having an interest in the affected waters when considering 
this rule. Their primary concerns were related to potential restriction 
of access to Usual & Accustomed fishing grounds, and as such, the Coast 
Guard has included specific provisions in the anchorage regulations 
created by this rule to accommodate those concerns. If you believe this 
proposed rule has implications for federalism or Indian tribes, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves the 
establishment and changing the size of anchorage grounds. Normally such 
actions are categorically excluded from further review under paragraph 
34(f) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and 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 proposed 
rule.

[[Page 10315]]

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
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.
    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, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM 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. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071, 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. In Sec.  110.230--
0
a. Add paragraph (a)(3)(iii),
0
b. Revise paragraphs (a)(13) and (14),
0
c. Add paragraphs (a)(15) through (17),
0
d. Revise paragraph (b), and
0
e. Add paragraph (c).
    The additions and revisions read as follows:


Sec.  110.230  Anchorages, Captain of the Port Puget Sound Zone, WA.

* * * * *
    (a) * * *
    (3) * * *
    (iii) General Anchorage. All waters of Port Townsend shoreward of a 
line starting at latitude 48[deg]06'33'' N., longitude 122[deg]46'00'' 
W.; thence to latitude 48[deg]05'52'' N., longitude 122[deg]45'04'' W.; 
thence to latitude 48[deg]05'22.9'' N., longitude 122[deg]46'00'' W.; 
thence to Kala Pt., latitude 48[deg]03'29'' N., longitude 
122[deg]46'00'' W.
* * * * *
    (13) Commencement Bay Anchorages.
    (i) Commencement Bay General Anchorage. All waters of Commencement 
Bay east of a line starting at latitude 47[deg]16'44'' N., longitude 
122[deg]28'20'' W., thence to latitude 47[deg]18'00'' N., longitude 
122[deg]26'36.5'' W.
    (ii) Ruston General Anchorage. All waters of Commencement Bay 
within an area beginning at latitude 47[deg]18'34.5'' N., longitude 
122[deg]30'22.5'' W.; thence to latitude 47[deg]18'48'' N., longitude 
122[deg]29'48'' W.; thence to latitude 47[deg]18'11.1'' N., longitude 
122[deg]29'03.5'' W.; thence to latitude 47[deg]17'56'' N., longitude 
122[deg]29'37'' W.
    (14) Port Angeles Anchorages.
    (i) Non-anchorage area Port Angeles Harbor. Beginning at a point on 
the shore at latitude 48[deg]07'03.83'' N., longitude 
123[deg]24'20.67'' W.; thence to latitude 48[deg]07'38.43'' N., 
longitude 123[deg]24'04.67'' W.; thence to latitude 48[deg]07'36.03'' 
N., longitude 123[deg]23'50.67'' W.; thence to a point on the shoreline 
at latitude 48[deg]06'56.73'' N., longitude 123[deg]24'08.67'' W.
    (A) No vessel may anchor in this non-anchorage area at any time.
    (B) Dragging, seining, fishing, or other activities which may foul 
underwater installations within this non-anchorage area are prohibited.
    (C) Vessels may transit this non-anchorage area, but must proceed 
by the most direct route and without unnecessary delay.
    (D) The city of Port Angeles will mark this area with signs on the 
shoreline visible (during normal daylight) 1 mile to seaward reading, 
``Do not Anchor in This Area.''
    (ii) Port Angeles General Anchorage. All waters in Port Angeles 
Harbor that lie west of a line drawn from Ediz Hook, latitude 
48[deg]08'23'' N., longitude 123[deg]24'02'' W.; to latitude 
48[deg]08'23'' N., longitude 123[deg]22'07'' W.; thence to latitude 
48[deg]07'42'' N., longitude 123[deg]22'07'' W.; thence to latitude 
48[deg]07'42'' N., longitude 123[deg]24'08'' W.; thence to latitude 
48[deg]07'14.9'' N., longitude 123[deg]24'28.2'' W.
    (iii) Port Angeles Tug and Barge Holding Area West. All waters in 
Port Angeles Harbor that lie west of the line of longitude 
123[deg]27'17'' W.
    (iv) Port Angeles Tug and Barge Holding Area South. All waters in 
Port Angeles Harbor inside the area beginning at latitude 
48[deg]07'42'' N., longitude 123[deg]24'08.0'' W.; thence to latitude 
48[deg]07'16.2'' N., longitude 123[deg]25'37.1'' W.; thence to latitude 
48[deg]07'14.9'' N., longitude 123[deg]24'28.2'' W.; thence back to the 
point of origin.
    (v) Port Angeles Tug and Barge Holding Area East. All waters in 
Port Angeles Harbor inside the area beginning at latitude 
48[deg]07'42'' N., longitude 123[deg]23'45.7'' W.; thence to latitude 
48[deg]07'13.8'' N., longitude 123[deg]23'54.7'' W.; thence to latitude 
48[deg]07'34.4'' N., longitude 123[deg]22'55.8'' W.; thence to latitude 
48[deg]07'42'' N., longitude 123[deg]22'55.8'' W. thence back to the 
point of origin.
    (15) Vendovi Anchorages.
    (i) Vendovi South General Anchorage. All waters shoreward of a line 
beginning at latitude 48[deg]36'40'' N., longitude 122[deg]36'51'' W.; 
thence to latitude 48[deg]35'34'' N., longitude 122[deg]36'51'' W.; 
thence to latitude 48[deg]35'34'' N., longitude 122[deg]35'53.62'' W.; 
thence to latitude 48[deg]36'31.38'' N., longitude 122[deg]35'53.62'' 
W.
    (ii) Vendovi East General Anchorage. All waters in an area 
beginning at latitude 48[deg]37'43'' N., longitude 122[deg]34'45.5'' 
W.; thence to latitude 48[deg]37'43'' N., longitude 122[deg]31'44'' W.; 
thence to latitude 48[deg]35'43'' N., longitude 122[deg]31'44'' W.; 
thence to latitude 48[deg]35'43'' N., longitude 122[deg]34'45.5'' W.; 
thence to point of origin.
    (iii) Jack Island North Tug and Barge Holding Area. All waters 
within a circular area centered at latitude 48[deg]35'22'' N., 
longitude 122[deg]37'20'' W., with a radius of six hundred yards.
    (iv) Jack Island South Tug and Barge Holding Area. All waters 
within a circular area centered at latitude 48[deg]34'24'' N., 
longitude 122[deg]36'13.5'' W., with a radius of six hundred yards.
    (v) William Point Articulated Tug and Barge Anchorage. All waters 
within an area beginning at latitude 48[deg]35'00'' N., longitude 
122[deg]33'07'' W.; thence to latitude 48[deg]35'00'' N., longitude 
122[deg]31'20'' W.; thence to latitude 48[deg]35'28'' N., longitude 
122[deg]31'20'' W., thence to latitude 48[deg]35'28'' N., longitude 
122[deg]33'00'' W., thence to latitude 48[deg]35'15.5'' N., longitude 
122[deg]33'12'' W.
    (16) Quartermaster Harbor General Anchorage. All waters of 
Quartermaster Harbor south of latitude 47[deg]20'54'' N. and north of a 
line beginning at latitude

[[Page 10316]]

47[deg]19'53'' N., longitude 122[deg]29'28'' W. and ending at latitude 
47[deg]20'37'' N., longitude 122[deg]27'18'' W.
    (17) Budd Inlet Anchorages.
    (i) Budd Inlet General Anchorage. All waters of Budd Inlet north of 
latitude 47[deg]06'00'' N., and south of latitude 47[deg]08'00'' N.
    (ii) Budd Inlet North General Anchorage. All waters of Budd Inlet 
within an area beginning at Dofflemyer Point, at latitude 
47[deg]08'25.87'' N., longitude 122[deg]54'26'' W.; thence to latitude 
47[deg]08'25.87'' N., longitude 122[deg]55'34.5'' W.; thence to 
latitude 47[deg]08'51'' N., longitude 122[deg]55'32'' W.; thence to 
latitude 47[deg]09'24'' N., longitude 122[deg]55'32'' W., thence to 
latitude 47[deg]10'00'' N., longitude 122[deg]55'11'' W.; thence to 
latitude 47[deg]10'00'' N., longitude 122[deg]54'00'' W.; thence to 
latitude 47[deg]09'31.1'' N., longitude 122[deg]54'00'' W., thence to 
latitude 47[deg]09'00.8'' N., longitude 122[deg]54'26'' W., thence to 
the point of origin at Dofflemyer Point.
    (b) General regulations. (1) Deep-draft vessels, including 
articulated tug and barge combinations, over 200 feet in length and any 
vessel carrying explosives, operating in the COTP Puget Sound Zone must 
anchor only in a designated anchorage described in paragraph (a) of 
this section except as may be necessary for safety or security reasons. 
Such vessels must obtain permission from the Captain of the Port (COTP) 
Puget Sound to use a designated anchorage and should request permission 
at least 48 hours prior to arrival by contacting Vessel Traffic Service 
(VTS) Puget Sound.
    (2) Any vessel not covered in paragraph (b)(1) of this section may 
anchor and/or operate in a designated anchorage described in paragraph 
(a) of this section at any time so long as such anchorage or operations 
do not interfere with the anchorage or operation of a vessel covered in 
paragraph (b)(1) of this section that is utilizing the designated 
anchorage.
    (3) All vessels anchoring or operating in a designated anchorage 
described in paragraph (a) of this section must follow any lawful 
direction given to them by the COTP Puget Sound or VTS Puget Sound 
regarding the movement, operation, or anchorage of their vessel, to 
include any order to depart the designated anchorage.
    (4) Any vessel in a condition such that it is likely to sink or 
otherwise become a menace or obstruction to the anchorage or operation 
of other vessels is prohibited from anchoring or operating in a 
designated anchorage described in paragraph (a) of this section except 
as may be necessary for safety or security reasons, unless otherwise 
authorized by the COTP Puget Sound.
    (5) Any vessel greater than 1600 gross tons anchored in a 
designated anchorage described in paragraph (a) of this section must 
maintain the capability to get underway within 30 minutes, unless 
otherwise authorized by the COTP Puget Sound.
    (6) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) in a designated anchorage 
described in paragraph (a) of this section, unless otherwise authorized 
by the COTP Puget Sound.
    (7) Within the Anacortes Anchorages described in paragraph (a)(10) 
of this section, lightering operations must only be conducted in the 
Anacortes West and Anacortes Center anchorages, unless otherwise 
authorized by the COTP Puget Sound.
    (8) Tug and barge holding areas are for the use of tug and barge 
combinations and fishing vessels less than 200 feet, for a period not 
to exceed 10 days. Other vessels may anchor or operate in such areas at 
any time so long as such anchorage or operations do not interfere with 
the anchorage or operation of a tug and barge combination or fishing 
vessel less than 200 feet utilizing the area.
    (9) Within the Cap Sante and Hat Island Tug and Barge Anchorages, 
described in paragraphs (a)(11) and (12) of this section, tugs and 
barges are required to ensure their vessels and barges do not project 
beyond the holding area's boundaries, unless otherwise authorized by 
the COTP Puget Sound.
    (10) Within any tug and barge holding area, a tug must be manned, 
remain in attendance with the barge, and maintain a communications 
guard with VTS on an appropriate VTS VHF working frequency as defined 
in 33 CFR 161.12(c) at all times.
    (11) The COTP Puget Sound and VTS Puget Sound will, to the maximum 
extent possible, manage the use of the designated anchorages described 
in paragraph (a) of this section to avoid or minimize any impact of the 
use of such anchorages on Indian tribal fisheries. In so doing, the 
COTP and VTS Puget Sound will maintain close liaison with the Indian 
tribes that could be affected to ensure Coast Guard awareness of such 
fisheries.
    (c) Explosives anchorages. In addition to the general regulations 
in paragraph (b) of this section, the following regulations apply to 
each explosives anchorage described paragraph (a) of this section.
    (1) Explosives anchorages are reserved for vessels carrying 
explosives. Other vessels may anchor or operate in such anchorages only 
when no vessel anchored in the explosive anchorage is displaying by day 
a red flag at least 16 square feet in area at its mast head or at least 
10 feet above the upper deck if the vessel has no mast, and by night a 
red light in the same position specified for the flag, unless otherwise 
authorized by the COTP.
    (2) All vessels carrying explosives in the COTP Puget Sound Zone 
must be within an explosives anchorage when anchored, except as may be 
necessary for safety or security reasons or otherwise authorized by the 
COTP, and must at all time have a competent watchman on board the 
vessel or a tug in attendance.
    (3) Whenever any vessel carrying explosives not fitted with 
mechanical power anchors is anchored in the COTP Puget Sound Zone, the 
COTP may require the attendance of a tug upon such vessel, when, in his 
or her judgment, such action is necessary.
    (4) Any vessel carrying explosives at anchor in an explosives 
anchorage must display by day a red flag at least 16 square feet in 
area at its mast head or at least 10 feet above the upper deck if the 
vessel has no mast, and by night a red light in the same position 
specified for the flag. These signals shall be in addition to day 
signals and lights required to be shown by all vessels when at anchor.
    (5) No explosives handling in any explosives anchorage will be 
undertaken by any vessel unless COTP personnel are on board to 
supervise the handling operations.

    Dated: January 18, 2017.
M.E. Butt,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-02683 Filed 2-9-17; 8:45 am]
 BILLING CODE 9110-04-P
Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules 10313

organisms, thereby reducing burden for Federal Register of November 22, 2016 FOR FURTHER INFORMATION CONTACT: If
regulated entities whose organisms pose (81 FR 83750) you have questions about this proposed
no plant pest or noxious weed risks. rulemaking, call or email Mr. Laird Hail,
Comments on the proposed rule were Lists of Subjects in 14 CFR Part 71
U.S. Coast Guard Sector Puget Sound;
required to be received on or before May Airspace, Incorporation by reference, telephone 206–217–6051, email
19, 2017. We are extending the Navigation (air). SectorPugetSoundWWM@uscg.mil.
comment period on Docket No. APHIS– The Withdrawal SUPPLEMENTARY INFORMATION:
2015–0057 for an additional 30 days.
This action will allow interested Accordingly, pursuant to the I. Table of Abbreviations
persons additional time to prepare and authority delegated to me, the notice of
submit comments. proposed rulemaking, as published in CFR Code of Federal Regulations
the Federal Register on December 12, DHS Department of Homeland Security
Authority: 7 U.S.C. 7701–7772 and 7781– 2016 (81 FR 89399) (FR Doc. 2016– FR Federal Register
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and NPRM Notice of proposed rulemaking
371.3.
29630), is hereby withdrawn.
§ Section
Authority: 49 U.S.C. 106(f), 106(g); 40103, U.S.C. United States Code
Done in Washington, DC, this 6th day of
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
February 2017.
1959–1963 Comp., p. 389. II. Background, Purpose, and Legal
Michael C. Gregoire,
Acting Administrator, Animal and Plant
Issued in College Park, Georgia, on Basis
December 29, 2016.
Health Inspection Service. Previous rulemakings defined a
Debra L. Hogan, number of anchorages and one non-
[FR Doc. 2017–02783 Filed 2–9–17; 8:45 am]
Acting Manager, Operations Support Group, anchorage area throughout the greater
BILLING CODE 3410–34–P
Eastern Service Center, Air Traffic Puget Sound area. Since those
Organization.
rulemakings, additional informal
[FR Doc. 2017–02490 Filed 2–9–17; 8:45 am]
DEPARTMENT OF TRANSPORTATION anchorages, holding areas, and a non-
BILLING CODE 4910–13–P anchorage area have been utilized to
Federal Aviation Administration accommodate the wide variety of
vessels now calling on Puget Sound
14 CFR Part 71 DEPARTMENT OF HOMELAND ports. Coast Guard Vessel Traffic
SECURITY Service (VTS) Puget Sound, working
[Docket No. FAA–2016–9266; Airspace
Docket No. 16–ASO–5]
with shipping agents, pilots, and other
Coast Guard stakeholders, identified and started
Proposed Amendment of Class E using these anchorages and areas to
33 CFR Part 110 improve the safety of maritime traffic.
Airspace; Kill Devil Hills, NC:
Withdrawal [Docket Number USCG–2016–0916] Because these anchorages and areas are
not formally established, however, they
AGENCY: Federal Aviation RIN 1625–AA01
are not included on nautical charts,
Administration (FAA), DOT. referenced in the Coast Pilot, or subject
Anchorages; Captain of the Port Puget
ACTION: Notice of proposed rulemaking to regulations. Accordingly, this
Sound Zone, WA
(NPRM), withdrawal. proposed rule would formally designate
AGENCY: Coast Guard, DHS. these anchorages and areas. In addition,
SUMMARY: A Notice of proposed ACTION: Notice of proposed rulemaking. it would establish new and clarify
rulemaking (NPRM) published in the existing regulations governing the use of
Federal Register on December 12, 2016 SUMMARY: The Coast Guard proposes the all anchorages and areas in the Puget
amending Class E airspace at First Flight creation of several new anchorages and Sound area. The purpose of these
Airport, Kill Devil Hills, NC is being holding areas as well as a non- actions is to improve the safety of all
withdrawn. Upon review, the FAA anchorage area, the expansion of one Puget Sound waterway users. The Coast
found that this is a duplicate of an existing general anchorage, and the Guard proposes this rulemaking under
NPRM published November 22, 2016. establishment of new and clarification the authority established in 33 U.S.C.
DATES: Effective 0901 UTC. As of of existing regulations governing such 471, 1221 through 1236, 2071; 33 CFR
February 10, 2017 the proposed rule anchorages and areas in the Puget 1.05–1; and Department of Homeland
published December 12, 2016, at 81 FR Sound area. This action is necessary to Security Delegation No. 0170.1.
89399, is withdrawn. provide enhanced safety for maritime
FOR FURTHER INFORMATION CONTACT: John traffic in the Puget Sound area. We III. Discussion of Proposed Rule
Fornito, Operations Support Group, invite your comments on this proposed This rulemaking proposes the creation
Eastern Service Center, Federal Aviation rulemaking. of several new anchorages, holding
Administration, P.O. Box 20636, DATES: Comments and related material areas, and a non-anchorage area as well
Atlanta, Georgia 30320; telephone (404) must be received by the Coast Guard on as the expansion of one existing general
305–6364. or before May 11, 2017. anchorage in the Puget Sound area, as
SUPPLEMENTARY INFORMATION: ADDRESSES: You may submit comments detailed in the proposed regulatory text.
identified by docket number USCG– Graphic depictions of the anchorages,
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History 2016–0916 using the Federal holding areas, and non-anchorage area
On December 12, 2016, the FAA eRulemaking Portal at http:// are included in the docket. In general,
published in the Federal Register a www.regulations.gov. See the ‘‘Public they are located in the vicinity of Port
NPRM to establish Class E airspace at Participation and Request for Townsend, Commencement Bay, Port
Devil Hills, NC (81 FR 89399) Docket Comments’’ portion of the Angeles, Vendovi Island, Quartermaster
No. FAA–2016–9266. The document is SUPPLEMENTARY INFORMATION section for Harbor, and Budd Inlet. The proposed
being withdrawn as it was found to be further instructions on submitting anchorages and areas have been used for
a duplicate of one published in the comments. many years informally, however, they

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10314 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules

are not included on nautical charts, operated and are not dominant in their between the Federal Government and
referenced in the Coast Pilot, or subject fields, and governmental jurisdictions Indian tribes, or on the distribution of
to anchorage regulations. This with populations of less than 50,000. power and responsibilities between the
rulemaking also proposes new and The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
updated regulations governing 605(b) that this proposed rule would not Regardless, the Coast Guard consulted
anchorages and areas in the Puget have a significant economic impact on with the Indian Tribal Governments
Sound area, as detailed in the proposed a substantial number of small entities. having an interest in the affected waters
regulatory text. In general, they clarify While some of the maritime users when considering this rule. Their
the existing regulations establishing intending to use the affected areas of the
primary concerns were related to
rules for the use of anchorages and areas Puget Sound may be small entities, for
potential restriction of access to Usual &
generally and create new anchorage the reasons stated in section IV.A. above
this proposed rule would not have a Accustomed fishing grounds, and as
regulations establishing rules for the use
of the new anchorages and areas created significant economic impact on such such, the Coast Guard has included
by this rule. The codification of these entities. specific provisions in the anchorage
anchorages and areas, along with the If you think that your business, regulations created by this rule to
new and updated regulations, would organization, or governmental accommodate those concerns. If you
improve the safety of all Puget Sound jurisdiction qualifies as a small entity believe this proposed rule has
waterway users by having the and that this rule would have a implications for federalism or Indian
anchorages and areas included on significant economic impact on it, tribes, please contact the person listed
nautical charts, referenced in the Coast please submit a comment (see in the FOR FURTHER INFORMATION
Pilot, subject to appropriate regulations, ADDRESSES) explaining why you think it CONTACT section.
and available to VTS Puget Sound qualifies and how and to what degree
this rule would economically affect it. E. Unfunded Mandates Reform Act
whenever necessary to manage vessel
traffic. Under section 213(a) of the Small The Unfunded Mandates Reform Act
Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires
IV. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121),
Federal agencies to assess the effects of
We developed this proposed rule after we want to assist small entities in
their discretionary regulatory actions. In
considering numerous statutes and understanding this proposed rule. If the
particular, the Act addresses actions
Executive Orders related to rulemaking. rule would affect your small business,
Below we summarize our analyses organization, or governmental that may result in the expenditure by a
based on a number of these statutes and jurisdiction and you have questions State, local, or tribal government, in the
Executive Orders. concerning its provisions or options for aggregate, or by the private sector of
compliance, please contact the person $100,000,000 (adjusted for inflation) or
A. Regulatory Planning and Review more in any one year. Though this
listed in the FOR FURTHER INFORMATION
Executive Orders 12866 and 13563 CONTACT section. The Coast Guard will proposed rule would not result in such
direct agencies to assess the costs and not retaliate against small entities that an expenditure, we do discuss the
benefits of available regulatory question or complain about this effects of this rulemaking elsewhere in
alternatives and, if regulation is proposed rule or any policy or action of this preamble.
necessary, to select regulatory the Coast Guard.
approaches that maximize net benefits. F. Environment
Executive Order 13563 emphasizes the C. Collection of Information
We have analyzed this proposed rule
importance of quantifying both costs This proposed rule would not call for under Department of Homeland
and benefits, of reducing costs, of a new collection of information under
Security Management Directive 023–01
harmonizing rules, and of promoting the Paperwork Reduction Act of 1995
and Commandant Instruction
flexibility. This NPRM has not been (44 U.S.C. 3501–3520).
designated a ‘‘significant regulatory M16475.lD, which guide the Coast
D. Federalism and Indian Tribal Guard in complying with the National
action,’’ under Executive Order 12866.
Governments Environmental Policy Act of 1969 (42
Accordingly, the NPRM has not been
reviewed by the Office of Management A rule has implications for federalism U.S.C. 4321–4370f), and have made a
and Budget. under Executive Order 13132, preliminary determination that this
This determination is based on the Federalism, if it has a substantial direct action is one of a category of actions that
fact that the affected areas of the Puget effect on the States, on the relationship do not individually or cumulatively
Sound have been used historically as between the national government and have a significant effect on the human
informal anchorages and areas in the the States, or on the distribution of environment. This proposed rule
manner proposed and the new and power and responsibilities among the involves the establishment and
updated regulations will not impose various levels of government. We have changing the size of anchorage grounds.
significant limitations on the current analyzed this proposed rule under that Normally such actions are categorically
use of the existing or new anchorages or Order and have determined that it is excluded from further review under
areas. consistent with the fundamental paragraph 34(f) of Figure 2–1 of
federalism principles and preemption Commandant Instruction M16475.lD. A
B. Impact on Small Entities requirements described in Executive preliminary environmental analysis
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The Regulatory Flexibility Act of Order 13132. checklist and Categorical Exclusion
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
Determination are available in the
requires Federal agencies to consider tribal implications under Executive
the potential impact of regulations on Order 13175, Consultation and docket where indicated under
ADDRESSES. We seek any comments or
small entities during rulemaking. The Coordination with Indian Tribal
term ‘‘small entities’’ comprises small Governments, because it would not have information that may lead to the
businesses, not-for-profit organizations a substantial direct effect on one or discovery of a significant environmental
that are independently owned and more Indian tribes, on the relationship impact from this proposed rule.

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Document Created: 2017-02-11 18:14:53
Document Modified: 2017-02-11 18:14:53
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 11, 2017.
Contact		If you have questions about this proposed rulemaking, call or email Mr. Laird Hail, U.S. Coast Guard Sector Puget Sound; telephone 206-217-6051, email [email protected]
FR Citation		82 FR 10313
RIN Number		1625-AA01
82 FR 10313 - Anchorages; Captain of the Port Puget Sound Zone, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 27 (February 10, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
