82 FR 9972 - Safety Zone; Operational Equipment Test; Bellingham Bay; Bellingham, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 26 (February 9, 2017)

Page Range		9972-9973
FR Document		2017-02681

The Coast Guard is establishing a 500-yard temporary safety zone around barge Togiak Trader and tug Rosario within the Bellingham Bay Explosive Anchorage. The safety zone is necessary to ensure the safety of the maritime public due to an operational equipment test utilizing compressed air onboard that vessel. 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 his Designated Representative.

Federal Register, Volume 82 Issue 26 (Thursday, February 9, 2017)

[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9972-9973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02681]



[[Page 9972]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0084]
RIN 1625-AA00


Safety Zone; Operational Equipment Test; Bellingham Bay; 
Bellingham, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 500-yard temporary safety 
zone around barge Togiak Trader and tug Rosario within the Bellingham 
Bay Explosive Anchorage. The safety zone is necessary to ensure the 
safety of the maritime public due to an operational equipment test 
utilizing compressed air onboard that vessel. 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 his Designated 
Representative.

DATES: This rule is effective from 5 p.m. on February 8, 2017, to 5 
a.m. on February 10, 2017. It will only be enforced during two periods: 
From 5 p.m. on February 8, 2017, to 5 a.m. on February 9, 2017, and 
from 5 p.m. on February 9, 2017, to 5 a.m. on February 10, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0084 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 MST1 Wayne Lau, Waterways Management Division, U.S. Coast 
Guard; 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
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 from an operational equipment test in Bellingham 
Bay prior to conclusion of a notice and comment period.
    We are issuing this rule, and under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because of the potential 
maritime hazards associated with the operational equipment tests that 
are the subject of this rule will occur from February 8 through 10, 
2017, and this rule must be effective during these tests to protect 
against those hazards.

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 operational equipment tests 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 operational equipment tests in 
Bellingham Bay.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone that will be enforced 
during two 12-hour periods: From 5 p.m. on February 8, 2017, to 5 a.m. 
on February 9, 2017, and on from 5 p.m. on February 9, 2017, to 5 a.m. 
on February 10, 2017. The safety zone will cover all navigable waters 
within 500 yards of the barge Togiak Trader (ON:637310) and tug Rosario 
(ON:585319), located near 48[deg]42'48'' N. 122[deg]33'37'' W., within 
the explosives anchorage in Bellingham Bay.
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters while operational 
equipment testing is being conducted. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative while the zone is subject to 
enforcement. Vessels wishing to enter the safety zone during the two 
enforcement periods 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.

V. Regulatory Analyses

    We developed this 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, and we 
discuss First Amendment rights of protestors.

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. 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. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Bellingham Bay. 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

[[Page 9973]]

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. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    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.T13-0084 to read as follows:


Sec.  165.T13-0084  Safety Zone; Operational Equipment Test; Bellingham 
Bay; Bellingham, WA.

    (a) Location. The following area is designated as a safety zone: 
All waters 500 yards around barge Togiak Trader (ON:637310) and tug 
Rosario (ON:585319), moored in vicinity of 48[deg]42'48'' N., 
122[deg]33'37'' W., within the Bellingham Bay explosives anchorage.
    (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 while it is subject to enforcement as specified in 
paragraph (c) of this section unless authorized by the Captain of the 
Port, Puget Sound or his designated representative. To request 
permission to enter the safety zone, contact the Joint Harbor 
Operations Center at 206-217-6001, or the on-scene patrol craft, if 
any, via VHF-FM Channel 16.
    (c) Enforcement periods. This section will be enforced from from 5 
p.m. on February 8, 2017, to 5 a.m. on February 9, 2017, and from 5 
p.m. on February 9, 2017, to 5 a.m. on February 10, 2017.

    Dated: February 2, 2017.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-02681 Filed 2-8-17; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations 9973

economic impact on any vessel owner contact the person listed in the FOR PART 165—REGULATED NAVIGATION
or operator, because the zone FURTHER INFORMATION CONTACT section AREAS AND LIMITED ACCESS AREAS
established in this rule is limited in above.
nature of size and duration. ■ 1. The authority citation for part 165
Under section 213(a) of the Small E. Unfunded Mandates Reform Act continues to read as follows:
Business Regulatory Enforcement The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
we want to assist small entities in Federal agencies to assess the effects of Department of Homeland Security Delegation
understanding this rule. If the rule their discretionary regulatory actions. In No. 0170.1.
would affect your small business, particular, the Act addresses actions ■ 2. Add § 165.T13–0084 to read as
organization, or governmental that may result in the expenditure by a follows:
jurisdiction and you have questions State, local, or tribal government, in the
concerning its provisions or options for aggregate, or by the private sector of § 165.T13–0084 Safety Zone; Operational
compliance, please contact the person $100,000,000 (adjusted for inflation) or Equipment Test; Bellingham Bay;
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
Bellingham, WA.
CONTACT section. (a) Location. The following area is
will not result in such an expenditure,
Small businesses may send comments designated as a safety zone: All waters
we do discuss the effects of this rule
on the actions of Federal employees 500 yards around barge Togiak Trader
elsewhere in this preamble.
who enforce, or otherwise determine (ON:637310) and tug Rosario
compliance with, Federal regulations to F. Environment (ON:585319), moored in vicinity of
the Small Business and Agriculture 48°42′48″ N., 122°33′37″ W., within the
Regulatory Enforcement Ombudsman We have analyzed this rule under
Bellingham Bay explosives anchorage.
and the Regional Small Business Department of Homeland Security
(b) Regulations. In accordance with
Regulatory Fairness Boards. The Management Directive 023–01 and
the general regulations in subpart C of
Ombudsman evaluates these actions Commandant Instruction M16475.lD,
this part, no person or vessel may enter
annually and rates each agency’s which guide the Coast Guard in
or remain in the safety zone while it is
responsiveness to small business. If you complying with the National
subject to enforcement as specified in
wish to comment on actions by Environmental Policy Act of 1969 (42
paragraph (c) of this section unless
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have
authorized by the Captain of the Port,
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a
Puget Sound or his designated
Coast Guard will not retaliate against category of actions that do not
representative. To request permission to
small entities that question or complain individually or cumulatively have a
enter the safety zone, contact the Joint
about this rule or any policy or action significant effect on the human
Harbor Operations Center at 206–217–
of the Coast Guard. environment. This rule involves a
6001, or the on-scene patrol craft, if any,
temporary safety zone that is limited in
C. Collection of Information via VHF–FM Channel 16.
duration that will prohibit entry within
(c) Enforcement periods. This section
This rule will not call for a new 500 yards of the designated area. It is
will be enforced from from 5 p.m. on
collection of information under the categorically excluded from further
February 8, 2017, to 5 a.m. on February
Paperwork Reduction Act of 1995 (44 review under paragraph 34(g) of Figure
9, 2017, and from 5 p.m. on February 9,
U.S.C. 3501–3520). 2–1 of the Commandant Instruction. An
2017, to 5 a.m. on February 10, 2017.
environmental analysis checklist
D. Federalism and Indian Tribal supporting this determination and a Dated: February 2, 2017.
Governments Categorical Exclusion Determination are M.W. Raymond,
A rule has implications for federalism available in the docket where indicated Captain, U.S. Coast Guard, Captain of the
under E.O. 13132, Federalism, if it has under ADDRESSES. We seek any Port Puget Sound.
a substantial direct effect on the States, comments or information that may lead [FR Doc. 2017–02681 Filed 2–8–17; 8:45 am]
on the relationship between the national to the discovery of a significant BILLING CODE 9110–04–P
government and the States, or on the environmental impact from this rule.
distribution of power and
responsibilities among the various G. Protest Activities
DEPARTMENT OF AGRICULTURE
levels of government. We have analyzed The Coast Guard respects the First
this rule under that Order and have Amendment rights of protesters. Forest Service
determined that it is consistent with the Protesters are asked to contact the
fundamental federalism principles and person listed in the FOR FURTHER 36 CFR Part 294
preemption requirements described in INFORMATION CONTACT section to RIN 0596–AD26
E.O. 13132. coordinate protest activities so that your
Also, this rule does not have tribal message can be received without Roadless Area Conservation; National
implications under E.O. 13175, jeopardizing the safety or security of Forest System Lands in Colorado;
Consultation and Coordination with people, places or vessels. Delay of Effective Date
Indian Tribal Governments, because it
does not have a substantial direct effect List of Subjects in 33 CFR Part 165 AGENCY: Forest Service, USDA.
on one or more Indian tribes, on the ACTION: Final rule; delay of effective
Harbors, Marine safety, Navigation
sradovich on DSK3GMQ082PROD with RULES

relationship between the Federal date.
(water), Reporting and recordkeeping
Government and Indian tribes, or on the
requirements, Security measures,
distribution of power and SUMMARY: This document delays the
Waterways.
responsibilities between the Federal effective date of a final rule titled,
Government and Indian tribes. If you For the reasons discussed in the ‘‘Roadless Area Conservation; National
believe this rule has implications for preamble, the Coast Guard amends 33 Forest System Lands in Colorado,’’ that
federalism or Indian tribes, please CFR part 165 as follows: was published in the Federal Register

VerDate Sep<11>2014 15:44 Feb 08, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM 09FER1

Document Created: 2017-02-09 01:02:52
Document Modified: 2017-02-09 01:02:52

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		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 5 p.m. on February 8, 2017, to 5 a.m. on February 10, 2017. It will only be enforced during two periods: From 5 p.m. on February 8, 2017, to 5 a.m. on February 9, 2017, and from 5 p.m. on February 9, 2017, to 5 a.m. on February 10, 2017.
Contact		If you have questions on this rule, call or email MST1 Wayne Lau, Waterways Management Division, U.S. Coast Guard; telephone 206-217-6051, email [email protected]
FR Citation		82 FR 9972
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 9972 - Safety Zone; Operational Equipment Test; Bellingham Bay; Bellingham, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 26 (February 9, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard