83 FR 18491 - Anchorages; Captain of the Port Puget Sound Zone, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range		18491-18491
FR Document		2018-08871

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

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Page 18491]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08871]



[[Page 18491]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0916]
RIN 1625-AA01


Anchorages; Captain of the Port Puget Sound Zone, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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

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

DATES: The notice of proposed rulemaking is withdrawn on April 27, 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

ADDRESSES: The docket for this withdrawn rulemaking is available by 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

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of inquiry, call or email LCDR Christina Sullivan, U.S. Coast 
Guard Sector Puget Sound; telephone 206-217-6042, email 
SectorPugetSoundWWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

FR Federal Register
NPRM Notice of Proposed Rulemaking

II. Background

    We published a notice of proposed rulemaking (NPRM) in the Federal 
Register on February 10, 2017 (82 FR 10313), entitled ``Anchorages; 
Captain of the Port Puget Sound Zone, WA.'' In the NPRM, we proposed 
the creation of several new anchorages, holding areas, and a non-
anchorage area as well as the expansion of one existing general 
anchorage in the Puget Sound area, as detailed in the proposed 
regulatory text. The Coast Guard received feedback from concerned 
citizens, commercial entities, environmental groups, and from Indian 
Tribal Governments and tribal officials regarding the proposed 
rulemaking. These comments were made available in the docket. Based on 
the information received from the tribes in the docket, the Coast Guard 
is withdrawing the proposed rulemaking at this time so as to better 
analyze tribal impacts before conducting further rulemaking on 
anchorages in Puget Sound. The Coast Guard actively exercises its 
authority to manage vessel traffic in the Puget Sound in a safe and 
effective manner, both historically and at present. The Coast Guard is 
committed to improving the navigational safety of all Puget Sound 
waterway users, and is continually engaged in efforts to improve safety 
through coordination with waterways users.
    The Coast Guard provided notice of its intent to withdraw the 
rulemaking and also its intent not to schedule consultation with the 
tribes on the proposed rulemaking in light of the withdrawal. In that 
published notification (82 FR 54307, November 17, 2017), the Coast 
Guard requested comment on whether or not withdrawal is appropriate, 
and also if tribal consultation was still necessary in light of the 
Coast Guard's stated intent to withdraw the proposed rule.

III. Discussion of Comments

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

IV. Withdrawal

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

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

Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules 18491

DEPARTMENT OF HOMELAND to better analyze tribal impacts before action for which an environmental
SECURITY conducting further rulemaking on impact statement on the uncodified
anchorages in Puget Sound. The Coast anchorages is required.
Coast Guard Guard actively exercises its authority to Two commenters indicated that tribal
manage vessel traffic in the Puget Sound consultation is appropriate within the
33 CFR Part 110 in a safe and effective manner, both proposal area with respect to the
[Docket Number USCG–2016–0916]
historically and at present. The Coast proposed rule, two commenters deferred
Guard is committed to improving the to tribal governments on the issue of
RIN 1625–AA01 navigational safety of all Puget Sound whether tribal consultation on this rule
waterway users, and is continually is appropriate, and one tribe commented
Anchorages; Captain of the Port Puget engaged in efforts to improve safety that it had previously engaged with the
Sound Zone, WA through coordination with waterways Coast Guard on a government-to-
AGENCY: Coast Guard, DHS. users. government basis and submitted
ACTION:Notice of proposed rulemaking; The Coast Guard provided notice of comments on the proposed rule. The
withdrawal. its intent to withdraw the rulemaking Coast Guard is committed to upholding
and also its intent not to schedule its responsibilities as the federal trustee
SUMMARY: The Coast Guard is consultation with the tribes on the of the tribes’ interests, and will conduct
withdrawing its notice of proposed proposed rulemaking in light of the formal government-to-government
rulemaking entitled ‘‘Anchorages; withdrawal. In that published consultation when required under
Captain of the Port Puget Sound Zone, notification (82 FR 54307, November 17, Executive Order 13175. The Coast
WA’’ that we published on February 10, 2017), the Coast Guard requested Guard is withdrawing the current
2017. The Coast Guard is withdrawing comment on whether or not withdrawal proposed rulemaking and has engaged
this rulemaking in response to public is appropriate, and also if tribal with the tribes to address broader treaty
comments and to better analyze consultation was still necessary in light rights issues in processes outside this
potential impacts to tribal treaty rights, of the Coast Guard’s stated intent to rulemaking. As a result of the above
especially treaty fishing rights. withdraw the proposed rule. actions, the Coast Guard will not
DATES: The notice of proposed III. Discussion of Comments conduct consultation on this specific
rulemaking is withdrawn on April 27, rulemaking.
The Coast Guard received nine
2018.
written submissions in response to its IV. Withdrawal
ADDRESSES: The docket for this request for comment on its intent to
withdrawn rulemaking is available by The Coast Guard has determined that
withdraw the proposed rule; six withdrawing the proposed rule is
searching docket number USCG–2016– concerned citizens, two on behalf of
0916 using the Federal portal at http:// appropriate based on the new
coalitions of environmental groups, and information received from the tribes in
www.regulations.gov. one from a federally recognized tribe. Of
the docket. Accordingly, the Coast
FOR FURTHER INFORMATION CONTACT: If the nine commenters, one commenter
Guard is withdrawing the ‘‘Anchorages;
you have questions about this notice of supported the withdrawal, three
Captain of the Port Puget Sound Zone,
inquiry, call or email LCDR Christina commenters indicated that withdrawal
WA’’ proposed rulemaking announced
Sullivan, U.S. Coast Guard Sector Puget is not supported without an
in an NPRM published February 10,
Sound; telephone 206–217–6042, email environmental impact statement being
2017 (82 FR 10313). As noted, the Coast
SectorPugetSoundWWM@uscg.mil. done, one commenter supported
Guard has the authority and ability to
SUPPLEMENTARY INFORMATION: continuing with the rule so long as an
manage vessel traffic in the Puget Sound
environmental impact study is
I. Table of Abbreviations in a safe and effective manner. We are
conducted, and four commenters made
committed to improving the
FR Federal Register no affirmative or negative comment on
navigational safety of all Puget Sound
NPRM Notice of Proposed Rulemaking withdrawal of the proposed rule, but
waterway users, and will continually
requested an environmental impact
II. Background consider ways to do so in an effective
statement. The Coast Guard is
We published a notice of proposed and least burdensome manner
withdrawing its proposed rulemaking
rulemaking (NPRM) in the Federal consistent with tribal treaty fishing
based on the comments received and in
Register on February 10, 2017 (82 FR rights.
order to better analyze the impacts to
10313), entitled ‘‘Anchorages; Captain tribal treaty rights, especially treaty Dated: April 23, 2018.
of the Port Puget Sound Zone, WA.’’ In fishing rights. David G. Throop,
the NPRM, we proposed the creation of All commenters requested or Rear Admiral, U.S. Coast Guard, Commander,
several new anchorages, holding areas, emphasized the importance of an Thirteenth Coast Guard District.
and a non-anchorage area as well as the environmental impact statement. The [FR Doc. 2018–08871 Filed 4–26–18; 8:45 am]
expansion of one existing general Coast Guard will follow all applicable BILLING CODE 9110–04–P
anchorage in the Puget Sound area, as laws and regulations, including the
detailed in the proposed regulatory text. National Environmental Policy Act,
The Coast Guard received feedback from with respect to any anchorages DEPARTMENT OF VETERANS
concerned citizens, commercial entities, rulemaking in the Puget Sound that may
jstallworth on DSKBBY8HB2PROD with PROPOSALS

AFFAIRS
environmental groups, and from Indian be conducted in the future.
Tribal Governments and tribal officials Two commenters requested the Coast 38 CFR Part 9
regarding the proposed rulemaking. Guard conduct an environmental impact
These comments were made available in statement on the use of uncodified RIN 2900–AQ12
the docket. Based on the information anchorages before withdrawing the Veterans’ Group Life Insurance
received from the tribes in the docket, current proposed rule. The Coast Increased Coverage
the Coast Guard is withdrawing the Guard’s withdrawal of the proposed
proposed rulemaking at this time so as anchorage rule is not a government AGENCY: Department of Veterans Affairs.

VerDate Sep<11>2014 14:38 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1

Document Created: 2018-04-27 01:46:18
Document Modified: 2018-04-27 01:46:18

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; withdrawal.
Dates		The notice of proposed rulemaking is withdrawn on April 27, 2018.
Contact		If you have questions about this notice of inquiry, call or email LCDR Christina Sullivan, U.S. Coast Guard Sector Puget Sound; telephone 206-217-6042, email [email protected]
FR Citation		83 FR 18491
RIN Number		1625-AA01

83 FR 18491 - Anchorages; Captain of the Port Puget Sound Zone, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 82 (April 27, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard