82_FR_18469 82 FR 18395 - Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap, Elwood Point; Bremerton, WA

82 FR 18395 - Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap, Elwood Point; Bremerton, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 74 (April 19, 2017)

Page Range18395-18397
FR Document2017-07883

The Coast Guard is establishing a 500-yard temporary safety zone on in vicinity of Naval Base Kitsap, Elwood Point; Bremerton, WA. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the unexploded ordnance detonation being conducted by the U.S. Navy. The safety zone will prohibit any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or a Designated Representative.

Federal Register, Volume 82 Issue 74 (Wednesday, April 19, 2017)
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18395-18397]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07883]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0313]
RIN 1625-AA00


Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap, 
Elwood Point; Bremerton, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a 500-yard temporary safety 
zone on in vicinity of Naval Base Kitsap, Elwood Point; Bremerton, WA. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the unexploded ordnance 
detonation being conducted by the U.S. Navy. The safety zone will 
prohibit any person or vessel from entering or remaining in the safety 
zone unless authorized by the Captain of the Port or a Designated 
Representative.

DATES: This rule is effective from 8 a.m. on April 19, 2017 to 8 p.m. 
on April 20, 2017. It will only be enforced during two periods: from 8 
a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. to 8 p.m. on April 
20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0313 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 CWO Jeffrey Zappen, Waterways Management Division, U.S. 
Coast Guard; telephone 206-217-6051, email 
SectorPugetSoundWWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
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 (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because publishing an NPRM would be 
impracticable as delayed promulgation may result in injury or damage to 
the maritime public as a result of the detonation of ordnance. The 
Captain of the Port, Sector Puget Sound received notice of the date of 
the planned detonation on April 12, 2017.
    Under 5 U.S.C. 553(b)(B), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because the danger associated with 
detonating ordnance will occur on April 19, 2017, and this rule must be 
effective to protect against those hazards on that date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port, Puget Sound has determined that 
potential hazards associated with the detonation will be a safety 
concern for anyone transiting through the location of the operation. 
This rule is needed to ensure the safety of the maritime public from 
hazards associated with the unexploded ordnance detonation in the 
vicinity of Naval Base Kitsap, Elwood Point, Bremerton, WA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. on April 
19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced during 
two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. 
to 8 p.m. on April 20, 2017. The safety zone will cover all navigable 
waters within 500 yards of 47[deg]35'30.8'' N. 122[deg]41'11.1'' W., 
which is located at Point Elwood on Naval Base Kitsap, located in 
Ostrich Bay, southern end of Dyes Inlet. The duration of the zone is 
intended to protect personnel,

[[Page 18396]]

vessels, and the marine environment from potential hazards created by 
the unexploded ordnance detonation being conducted by the U.S. Navy. 
The Captain of the Port may use Broadcast Notice to Mariners to grant 
general permission to enter the zone within the effective period of 
this rule once the detonation is complete and the zone is no longer 
needed.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. 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 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 Special Marine Information Broadcast via VHF-
FM Channel 16 about the safety zone and the rule allows vessels to seek 
permission to enter the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section V 
above, this rule will not have a significant economic impact on any 
vessel owner or operator, because the zone established in this rule is 
limited in nature of size and duration.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a temporary safety zone that is limited in duration that 
will prohibit entry within 500 yards of the designated area. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. 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

[[Page 18397]]

requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T13-0313 to read as follows:


Sec.  165.T13-0313  Safety Zone; Unexploded Ordnance Detonation; Naval 
Base Kitsap; Elwood Point; Bremerton, WA.

    (a) Location. The following area is designated as a safety zone: 
all waters within 500-yard radius of the unexploded ordnance 
detonation, Naval Base Kitsap, Elwood Point (47[deg]35'30.8'' N, 
122[deg]41'11.1'' W); Bremerton, WA.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part no person or vessel may enter or remain in the 
safety zone unless authorized by the Captain of the Port, Puget Sound 
or a designated representative. To request permission to enter the 
safety zone, contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene patrol craft, if any, via VHF-FM Channel 16. 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 a designated representative.
    (c) Effective period. This section is effective from 8 a.m. on 
April 19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced 
during two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8 
a.m. to 8 p.m. on April 20, 2017.

    Dated: April 13, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-07883 Filed 4-18-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations                                        18395

                                                List of Subjects in 33 CFR Part 100                       Dated: April 13, 2017.                              U.S.C.    United States Code
                                                                                                        M. B. Zamperini,                                      II. Background Information and
                                                  Marine safety, Navigation (water),
                                                Reporting and recordkeeping                             Captain, U.S. Coast Guard, Captain of the             Regulatory History
                                                                                                        Port Ohio Valley.
                                                requirements, Waterways.                                                                                         The Coast Guard is issuing this
                                                                                                        [FR Doc. 2017–07882 Filed 4–18–17; 8:45 am]
                                                  For the reasons discussed in the                                                                            temporary rule without prior notice and
                                                                                                        BILLING CODE 9110–04–P
                                                preamble, the Coast Guard amends 33                                                                           opportunity to comment pursuant to
                                                CFR part 100 as follows:                                                                                      authority under section 4(a) of the
                                                                                                        DEPARTMENT OF HOMELAND                                Administrative Procedure Act (APA) (5
                                                PART 100—SAFETY OF LIFE ON                                                                                    U.S.C. 553(b)). This provision
                                                                                                        SECURITY
                                                NAVIGABLE WATERS                                                                                              authorizes an agency to issue a rule
                                                                                                        Coast Guard                                           without prior notice and opportunity to
                                                ■ 1. The authority citation for part 100                                                                      comment when the agency for good
                                                continues to read as follows:                           33 CFR Part 165                                       cause finds that those procedures are
                                                    Authority: 33 U.S.C. 1233.                                                                                ‘‘impracticable, unnecessary, or contrary
                                                                                                        [Docket Number USCG–2017–0313]                        to the public interest.’’ Under 5 U.S.C.
                                                ■ 2. Add § 100.T08–0238 to read as
                                                follows:                                                RIN 1625–AA00                                         553(b)(B), the Coast Guard finds that
                                                                                                                                                              good cause exists for not publishing a
                                                § 100.T08–0238 Special Local Regulation;                Safety Zone; Unexploded Ordnance                      notice of proposed rulemaking (NPRM)
                                                Ohio River MM 598.0–602.7, Louisville, KY.              Detonation; Naval Base Kitsap, Elwood                 with respect to this rule because
                                                  (a) Special local regulated area. The                 Point; Bremerton, WA                                  publishing an NPRM would be
                                                following area is a temporary special                                                                         impracticable as delayed promulgation
                                                                                                        AGENCY:    Coast Guard, DHS.
                                                local regulation for all navigable waters                                                                     may result in injury or damage to the
                                                of the Ohio River between mile 598.0                    ACTION:   Temporary final rule.                       maritime public as a result of the
                                                and mile 602.7 Louisville, KY,                          SUMMARY:   The Coast Guard is                         detonation of ordnance. The Captain of
                                                extending the entire width of the Ohio                  establishing a 500-yard temporary safety              the Port, Sector Puget Sound received
                                                River.                                                  zone on in vicinity of Naval Base Kitsap,             notice of the date of the planned
                                                   (b) Effective dates. This special local              Elwood Point; Bremerton, WA. The                      detonation on April 12, 2017.
                                                regulation is effective from 11 a.m. on                                                                          Under 5 U.S.C. 553(b)(B), the Coast
                                                                                                        safety zone is needed to protect
                                                April 22, 2017 through 2 a.m. on April                                                                        Guard also finds that good cause exists
                                                                                                        personnel, vessels, and the marine
                                                23, 2017.                                                                                                     for making this rule effective less than
                                                                                                        environment from potential hazards
                                                   (c) Special local regulations. (1)                                                                         30 days after publication in the Federal
                                                                                                        created by the unexploded ordnance
                                                Vessels transiting the regulated area                                                                         Register. Delaying the effective date of
                                                                                                        detonation being conducted by the U.S.
                                                from mm 598–602.7 must do so at the                                                                           this rule would be impracticable
                                                                                                        Navy. The safety zone will prohibit any
                                                slowest safe speed creating minimum                                                                           because the danger associated with
                                                                                                        person or vessel from entering or
                                                wake.                                                                                                         detonating ordnance will occur on April
                                                                                                        remaining in the safety zone unless
                                                   (2) Vessels are not permitted to                                                                           19, 2017, and this rule must be effective
                                                                                                        authorized by the Captain of the Port or
                                                anchor within the navigation channel or                                                                       to protect against those hazards on that
                                                                                                        a Designated Representative.
                                                along the left descending bank between                                                                        date.
                                                                                                        DATES: This rule is effective from 8 a.m.
                                                mile 600 and mile 602.7.                                on April 19, 2017 to 8 p.m. on April 20,              III. Legal Authority and Need for Rule
                                                   (3) The Coast Guard will patrol the                  2017. It will only be enforced during                    The Coast Guard is issuing this rule
                                                regulated area under the direction of a                 two periods: from 8 a.m. to 8 p.m. on                 under authority in 33 U.S.C. 1231. The
                                                designated Coast Guard Patrol                           April 19, 2017, and from 8 a.m. to 8                  Captain of the Port, Puget Sound has
                                                Commander. The Patrol Commander                         p.m. on April 20, 2017.                               determined that potential hazards
                                                may be contacted via VHF–FM radio                                                                             associated with the detonation will be a
                                                                                                        ADDRESSES: To view documents
                                                channel 16 or by phone at 502–587–                                                                            safety concern for anyone transiting
                                                                                                        mentioned in this preamble as being
                                                8633.                                                                                                         through the location of the operation.
                                                                                                        available in the docket, go to http://
                                                   (4) The Patrol Commander may forbid                  www.regulations.gov, type USCG–2017–                  This rule is needed to ensure the safety
                                                and control the movement of all vessels                 0313 in the ‘‘SEARCH’’ box and click                  of the maritime public from hazards
                                                in the regulated area. When hailed or                   ‘‘SEARCH.’’ Click on Open Docket                      associated with the unexploded
                                                signaled by an official patrol vessel, a                Folder on the line associated with this               ordnance detonation in the vicinity of
                                                vessel shall come to an immediate stop                  rule.                                                 Naval Base Kitsap, Elwood Point,
                                                and comply with the directions given.                                                                         Bremerton, WA.
                                                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                Failure to do so may result in expulsion
                                                from the area, citation for failure to                  you have questions on this rule, call or              IV. Discussion of the Rule
                                                comply, or both.                                        email CWO Jeffrey Zappen, Waterways
                                                                                                                                                                This rule establishes a temporary
                                                   (5) The Patrol Commander may                         Management Division, U.S. Coast
                                                                                                                                                              safety zone from 8 a.m. on April 19,
                                                terminate the event or the operation of                 Guard; telephone 206–217–6051, email
                                                                                                                                                              2017 to 8 p.m. on April 20, 2017. It will
                                                any vessel at any time it is deemed                     SectorPugetSoundWWM@uscg.mil.
                                                                                                                                                              only be enforced during two periods:
                                                necessary for the protection of life or                 SUPPLEMENTARY INFORMATION:                            From 8 a.m. to 8 p.m. on April 19, 2017,
                                                property.                                               I. Table of Abbreviations                             and from 8 a.m. to 8 p.m. on April 20,
jstallworth on DSK7TPTVN1PROD with RULES




                                                   (d) Informational broadcasts. The                                                                          2017. The safety zone will cover all
                                                COTP Ohio Valley or a designated                        CFR Code of Federal Regulations                       navigable waters within 500 yards of
                                                                                                        DHS Department of Homeland Security
                                                representative will inform the public                   E.O. Executive order
                                                                                                                                                              47°35′30.8″ N. 122°41′11.1″ W., which is
                                                through broadcast notices to mariners of                FR Federal Register                                   located at Point Elwood on Naval Base
                                                the enforcement period for the regulated                NPRM Notice of proposed rulemaking                    Kitsap, located in Ostrich Bay, southern
                                                area as well as any changes in the                      Pub. L. Public Law                                    end of Dyes Inlet. The duration of the
                                                planned schedule.                                       § Section                                             zone is intended to protect personnel,


                                           VerDate Sep<11>2014   12:38 Apr 18, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\19APR1.SGM   19APR1


                                                18396            Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations

                                                vessels, and the marine environment                     with populations of less than 50,000.                 Indian Tribal Governments, because it
                                                from potential hazards created by the                   The Coast Guard certifies under 5 U.S.C.              does not have a substantial direct effect
                                                unexploded ordnance detonation being                    605(b) that this rule will not have a                 on one or more Indian tribes, on the
                                                conducted by the U.S. Navy. The                         significant economic impact on a                      relationship between the Federal
                                                Captain of the Port may use Broadcast                   substantial number of small entities.                 Government and Indian tribes, or on the
                                                Notice to Mariners to grant general                        While some owners or operators of                  distribution of power and
                                                permission to enter the zone within the                 vessels intending to transit the safety               responsibilities between the Federal
                                                effective period of this rule once the                  zone may be small entities, for the                   Government and Indian tribes. If you
                                                detonation is complete and the zone is                  reasons stated in section V above, this               believe this rule has implications for
                                                no longer needed.                                       rule will not have a significant                      federalism or Indian tribes, please
                                                   No vessel or person will be permitted                economic impact on any vessel owner                   contact the person listed in the FOR
                                                to enter the safety zone without                        or operator, because the zone                         FURTHER INFORMATION CONTACT section
                                                obtaining permission from the COTP or                   established in this rule is limited in                above.
                                                a designated representative. Vessels                    nature of size and duration.
                                                wishing to enter the safety zone must                      Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                request permission to do so from the                    Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                Captain of the Port, Puget Sound by                     Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                contacting the Joint Harbor Operations                  we want to assist small entities in                   Federal agencies to assess the effects of
                                                Center at 206–217–6001 or the on-scene                  understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                patrol craft, if any, via VHF–FM                        would affect your small business,                     particular, the Act addresses actions
                                                Channel 16. If permission for entry is                  organization, or governmental                         that may result in the expenditure by a
                                                granted, vessels must proceed at a                      jurisdiction and you have questions                   State, local, or tribal government, in the
                                                minimum speed for safe navigation.                      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
                                                V. Regulatory Analyses                                  listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                  We developed this rule after                          CONTACT section.                                      will not result in such an expenditure,
                                                considering numerous statutes and                          Small businesses may send comments                 we do discuss the effects of this rule
                                                executive orders (E.O.s) related to                     on the actions of Federal employees                   elsewhere in this preamble.
                                                rulemaking. Below we summarize our                      who enforce, or otherwise determine
                                                analyses based on a number of these                     compliance with, Federal regulations to               F. Environment
                                                statutes and E.O.s, and we discuss First                the Small Business and Agriculture                      We have analyzed this rule under
                                                Amendment rights of protestors.                         Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                                                                        and the Regional Small Business                       Management Directive 023–01 and
                                                A. Regulatory Planning and Review
                                                                                                        Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                   E.O.s 12866 and 13563 direct agencies                Ombudsman evaluates these actions
                                                to assess the costs and benefits of                                                                           which guide the Coast Guard in
                                                                                                        annually and rates each agency’s                      complying with the National
                                                available regulatory alternatives and, if               responsiveness to small business. If you
                                                regulation is necessary, to select                                                                            Environmental Policy Act of 1969 (42
                                                                                                        wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                regulatory approaches that maximize                     employees of the Coast Guard, call 1–
                                                net benefits. E.O. 13563 emphasizes the                                                                       determined that this action is one of a
                                                                                                        888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                importance of quantifying both costs                    Coast Guard will not retaliate against
                                                and benefits, of reducing costs, of                                                                           individually or cumulatively have a
                                                                                                        small entities that question or complain              significant effect on the human
                                                harmonizing rules, and of promoting                     about this rule or any policy or action
                                                flexibility. This rule has not been                                                                           environment. This rule involves a
                                                                                                        of the Coast Guard.                                   temporary safety zone that is limited in
                                                designated a ‘‘significant regulatory
                                                action,’’ under E.O. 12866. Accordingly,                C. Collection of Information                          duration that will prohibit entry within
                                                it has not been reviewed by the Office                    This rule will not call for a new                   500 yards of the designated area. It is
                                                of Management and Budget.                               collection of information under the                   categorically excluded from further
                                                   This regulatory action determination                 Paperwork Reduction Act of 1995 (44                   review under paragraph 34(g) of Figure
                                                is based on the limited nature of the size              U.S.C. 3501–3520).                                    2–1 of the Commandant Instruction. We
                                                and duration of the temporary safety                                                                          seek any comments or information that
                                                zone. Moreover, the Coast Guard will                    D. Federalism and Indian Tribal                       may lead to the discovery of a
                                                issue a Special Marine Information                      Governments                                           significant environmental impact from
                                                Broadcast via VHF–FM Channel 16                            A rule has implications for federalism             this rule.
                                                about the safety zone and the rule                      under E.O. 13132, Federalism, if it has               G. Protest Activities
                                                allows vessels to seek permission to                    a substantial direct effect on the States,
                                                enter the safety zone.                                  on the relationship between the national                The Coast Guard respects the First
                                                                                                        government and the States, or on the                  Amendment rights of protesters.
                                                B. Impact on Small Entities                             distribution of power and                             Protesters are asked to contact the
                                                   The Regulatory Flexibility Act of                    responsibilities among the various                    person listed in the FOR FURTHER
                                                1980, 5 U.S.C. 601–612, as amended,                     levels of government. We have analyzed                INFORMATION CONTACT section to
                                                requires Federal agencies to consider                   this rule under that Order and have                   coordinate protest activities so that your
jstallworth on DSK7TPTVN1PROD with RULES




                                                the potential impact of regulations on                  determined that it is consistent with the             message can be received without
                                                small entities during rulemaking. The                   fundamental federalism principles and                 jeopardizing the safety or security of
                                                term ‘‘small entities’’ comprises small                 preemption requirements described in                  people, places or vessels.
                                                businesses, not-for-profit organizations                E.O. 13132.                                           List of Subjects in 33 CFR Part 165
                                                that are independently owned and                           Also, this rule does not have tribal
                                                operated and are not dominant in their                  implications under E.O. 13175,                          Harbors, Marine safety, Navigation
                                                fields, and governmental jurisdictions                  Consultation and Coordination with                    (water), Reporting and recordkeeping


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                                                                 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations                                             18397

                                                requirements, Security measures,                        DEPARTMENT OF TRANSPORTATION                            I. Executive Order 13609 and International
                                                Waterways.                                                                                                         Trade Analysis
                                                                                                        Pipeline and Hazardous Materials                        J. Privacy Act
                                                  For the reasons discussed in the                      Safety Administration                                   K. Regulation Identifier Number (RIN)
                                                preamble, the Coast Guard amends 33                                                                           List of Subjects
                                                CFR part 165 as follows:                                49 CFR Parts 107 and 171                              I. Civil Penalty Amendments
                                                PART 165—REGULATED NAVIGATION                           [Docket No. PHMSA–2016–0041 (HM–258D)]                   Section 701 of the Federal Civil
                                                AREAS AND LIMITED ACCESS AREAS                          RIN 2137–AF23                                         Penalties Inflation Adjustment Act
                                                                                                                                                              Improvements Act of 2015 (the 2015
                                                ■ 1. The authority citation for part 165                Hazardous Materials: Revision of                      Act), Public Law 114–74, which
                                                continues to read as follows:                           Maximum and Minimum Civil Penalties                   amended the Federal Civil Penalties
                                                                                                                                                              Inflation Adjustment Act of 1990 (the
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             AGENCY:  Pipeline and Hazardous                       Inflation Adjustment Act), Public Law
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Materials Safety Administration                       101–410, required that the Agency make
                                                Department of Homeland Security Delegation              (PHMSA), DOT.
                                                No. 0170.1.
                                                                                                                                                              an initial catch-up adjustment with
                                                                                                        ACTION: Final rule.                                   subsequent annual adjustments to the
                                                ■ 2. Add § 165.T13–0313 to read as                                                                            maximum and minimum civil penalties
                                                                                                        SUMMARY:    PHMSA is revising the
                                                follows:                                                                                                      set forth in 49 U.S.C. 5123(a) for a
                                                                                                        maximum and minimum civil penalties
                                                                                                                                                              knowing violation of the Federal
                                                § 165.T13–0313 Safety Zone; Unexploded                  for a knowing violation of the Federal
                                                                                                                                                              hazardous material transportation law
                                                Ordnance Detonation; Naval Base Kitsap;                 hazardous material transportation law
                                                                                                                                                              or a regulation, order, special permit, or
                                                Elwood Point; Bremerton, WA.                            or a regulation, order, special permit, or
                                                                                                                                                              approval issued under that law. These
                                                                                                        approval issued under that law. The
                                                  (a) Location. The following area is                                                                         changes to the maximum and minimum
                                                                                                        Federal Civil Penalties Inflation
                                                designated as a safety zone: all waters                                                                       civil penalty amounts apply to
                                                                                                        Adjustment Act Improvements Act of
                                                within 500-yard radius of the                                                                                 violations assessed on or after the
                                                                                                        2015, which amended the Federal Civil
                                                unexploded ordnance detonation, Naval                                                                         effective date of August 1, 2016. The
                                                                                                        Penalties Inflation Adjustment Act of
                                                Base Kitsap, Elwood Point (47°35′30.8″                                                                        2015 Act also requires that the Agency
                                                                                                        1990, required Agencies to update their
                                                N, 122°41′11.1″ W); Bremerton, WA.                                                                            make subsequent annual adjustments
                                                                                                        civil monetary penalties in August 2016
                                                                                                                                                              for inflation beginning in 2017, which
                                                  (b) Regulations. In accordance with                   through an interim final rulemaking.
                                                                                                                                                              are to be published no later than January
                                                the general regulations in subpart C of                 PHMSA has elected to do the 2017
                                                                                                                                                              15th of each subsequent year.
                                                this part no person or vessel may enter                 update in a final rulemaking. Per this
                                                                                                        final rule, the maximum civil penalty                    The Office of Management and
                                                or remain in the safety zone unless
                                                                                                        for a knowing violation is now $78,376,               Budget’s (OMB) ‘‘Memorandum for the
                                                authorized by the Captain of the Port,                                                                        Heads of Executive Departments and
                                                Puget Sound or a designated                             except for violations that result in death,
                                                                                                        serious illness, or severe injury to any              Agencies, Implementation of the Federal
                                                representative. To request permission to                                                                      Civil Penalties Inflation Adjustment Act
                                                enter the safety zone, contact the Joint                person or substantial destruction of
                                                                                                        property, for which the maximum civil                 Improvements Act of 2015,’’ M–17–11,
                                                Harbor Operations Center at 206–217–                                                                          provides guidance on how to update
                                                                                                        penalty is $182,877. In addition, the
                                                6001, or the on-scene patrol craft, if any,                                                                   agencies’ civil penalties pursuant to the
                                                                                                        minimum civil penalty amount for a
                                                via VHF–FM Channel 16. If permission                    violation relating to training is now                 2015 Act. In order to complete the 2017
                                                for entry into the safety zone is granted,              $471.                                                 annual adjustment, agencies should
                                                vessels or persons must proceed at the                                                                        multiply each applicable penalty by the
                                                minimum speed for safe navigation and                   DATES:    Effective Date: April 19, 2017.             multiplier (1.01636) and round to the
                                                in compliance with any other directions                 FOR FURTHER INFORMATION CONTACT:                      nearest dollar. The multiplier should be
                                                given by the Captain of the Port, Puget                 Shawn Wolsey, Office of Chief Counsel,                applied to the most recent penalty
                                                Sound or a designated representative.                   (202) 366–4400, Pipeline and Hazardous                amount, i.e., the one that includes the
                                                                                                        Materials Safety Administration, U.S.                 catch-up adjustment that the 2015 Act
                                                   (c) Effective period. This section is                Department of Transportation, 1200
                                                effective from 8 a.m. on April 19, 2017                                                                       required agencies to issue no later than
                                                                                                        New Jersey Avenue SE., Washington,                    July 1, 2016.
                                                to 8 p.m. on April 20, 2017. It will only               DC 20590–0001.
                                                be enforced during two periods: From 8                                                                           Accordingly, PHMSA is revising the
                                                                                                        SUPPLEMENTARY INFORMATION:                            references to the maximum and
                                                a.m. to 8 p.m. on April 19, 2017, and
                                                from 8 a.m. to 8 p.m. on April 20, 2017.                Table of Contents:                                    minimum civil penalty amounts in 49
                                                                                                                                                              CFR 107.329, appendix A to subpart D
                                                  Dated: April 13, 2017.                                I. Civil Penalty Amendments                           of 49 CFR part 107, and 49 CFR 171.1
                                                L.A. Sturgis,                                           II. Justification for Final Rule                      to reflect the changes required by the
                                                                                                        III. Rulemaking Analyses and Notices
                                                Captain, U.S. Coast Guard, Captain of the                  A. Statutory/Legal Authority for This
                                                                                                                                                              2015 Act:
                                                Port Puget Sound.                                             Rulemaking                                         • Revising the maximum civil penalty
                                                [FR Doc. 2017–07883 Filed 4–18–17; 8:45 am]                B. Executive Order 12866, Executive Order          from $77,114 to $78,376 for a person who
                                                BILLING CODE 9110–04–P                                        13563, and DOT Regulatory Policies and          knowingly violates the Federal hazardous
                                                                                                              Procedures                                      material transportation law or a regulation,
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                           C. Executive Order 13132                           order, special permit, or approval issued
                                                                                                           D. Executive Order 13175                           under that law.
                                                                                                           E. Regulatory Flexibility Act, Executive              • Revising the maximum civil penalty
                                                                                                              Order 13272, and DOT Procedures and             from $179,933 to $182,877 for a person who
                                                                                                              Policies                                        knowingly violates the Federal hazardous
                                                                                                           F. Paperwork Reduction Act                         material transportation law or a regulation,
                                                                                                           G. Unfunded Mandates Reform Act of 1995            order, special permit, or approval issued
                                                                                                           H. Environmental Assessment                        under that law that results in death, serious



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Document Created: 2018-11-14 09:44:19
Document Modified: 2018-11-14 09:44:19
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 8 a.m. on April 19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced during two periods: from 8 a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. to 8 p.m. on April 20, 2017.
ContactIf you have questions on this rule, call or email CWO Jeffrey Zappen, Waterways Management Division, U.S. Coast Guard; telephone 206-217-6051, email [email protected]
FR Citation82 FR 18395 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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