Rule2022-18999
Safety Zone; Sunset Point, San Juan Island, WA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2022
Effective
September 2, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is extending the duration of a temporary safety zone for navigable waters within a 1000-yard radius of Sunset Point on San Juan Island, WA. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the emergency response efforts and the recovery of a sunken vessel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound.
Full Text
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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Rules and Regulations]
[Pages 54154-54156]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18999]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0744]
RIN 1625-AA00
Safety Zone; Sunset Point, San Juan Island, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the duration of a temporary
safety zone for navigable waters within a 1000-yard radius of Sunset
Point on San Juan Island, WA. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
associated with the emergency response efforts and the recovery of a
sunken vessel. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Puget
Sound.
DATES: This rule is effective without actual notice from September 2,
2022 through September 12, 2022 at 10 p.m. For the purposes of
enforcement, actual notice will be used from August 29, 2022 at 10
p.m., until September 2, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0744 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Samud I. Looney, Sector Puget Sound,
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6051, email <a href="/cdn-cgi/l/email-protection#4b182e283f24391b3e2c2e3f18243e252f1c1c060b3e38282c65262227"><span class="__cf_email__" data-cfemail="11427472657e634164767465427e647f7546465c51646272763f7c787d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On August 16, 2022, the Coast Guard issued a rulemaking that
created a temporary safety zone. The safety zone was effective August
16, 2022 to August 18, 2022. A copy of the rulemaking that ended on
August 18, 2022 is available in the docket USCG-2022-0600. On August
18, 2022, the Coast Guard issued a temporary final rule establishing a
temporary safety zone in effect through August 29, 2022 (87 FR 51909).
However, additional time is needed to maintain safe navigation around
response equipment and responders while additional damage assessments
and salvage operations occur, and, as a result, the Coast Guard is
establishing through temporary regulations a safety zone that will be
in effect through September 12, 2022. 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 immediate action is needed to respond to the safety
hazards associated with the emergency response measures in product
recovery of a sunken vessel. It is impracticable to publish an NPRM and
hold a reasonable comment period for this rulemaking due to the
emergent nature of the ongoing response and recovery operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard 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 immediate action is needed to
respond to the safety hazards associated with the emergency response
and salvage operations.
[[Page 54155]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Puget
Sound (COTP) has determined that potential hazards associated with the
emergency response and recovery operations will be a safety concern for
anyone within a 1000-yard radius of Sunset Point, San Juan Island, WA.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
emergency response is ongoing and during the recovery of the sunken
vessel.
IV. Discussion of the Rule
This rule extends the effective dates of the established temporary
safety zone (87 FR 51909). The extended temporary safety zone will be
enforced from August 29, 2022 at 10 p.m. through September 12, 2022 at
10 p.m. The safety zone will cover all navigable waters within 1000-
yard radius of Sunset Point, San Juan Island, WA. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the emergency response of
the sunken vessel are ongoing. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The safety zone may be suspended early at
the discretion of COTP Sector Puget Sound.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which would
impact a small designated area of Sunset Point on San Juan Island for a
total of 14 days and operations may be suspended early at the
discretion of the COTP Sector Puget Sound. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the 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.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email 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 Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
safety zone lasting 14 days that will prohibit entry within 1000 yards
of Sunset Point while vessels, equipment, and personnel are being used
in the emergency response and removal of a sunken vessel. It is
categorically excluded from further review under paragraph L60[d] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
[[Page 54156]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0744 to read as follows:
Sec. 165.T13-0744 Safety Zone; Sunset Point, San Juan Island, WA.
(a) Location. The following area is a safety zones: all navigable
waters within a 1000 yard radius of the sunken vessel located at
48[deg]33'16.1'' N, 123[deg]10'28.9'' W off of Sunset Point, San Juan
Island, WA. These coordinates are based 1984 World Geodetic System (WGS
84).
(b) Definitions. As used in this section, a designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the COTP Sector Puget Sound in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement period. This section will be enforced from August
29, 2022 at 10 p.m. through September 12, 2022 at 10 p.m. unless an
earlier end is announced by Broadcast Notice to Mariners on VHF-FM
marine channel 16.
Dated: August 29, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2022-18999 Filed 9-1-22; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.