Rule2022-21204
Safety Zone; Mutiny Bay, Whidbey Island, WA
Primary source
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Published
September 30, 2022
Effective
September 30, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of Mutiny Bay, Whidbey Island, Washington. The temporary safety zone encompasses all waters within a 1000-yard radius of a barge anchored in Mutiny Bay. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associate with operations to recover a downed aircraft in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Puget Sound (COTP).
Full Text
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<title>Federal Register, Volume 87 Issue 189 (Friday, September 30, 2022)</title>
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[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59302-59304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21204]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0828]
RIN 1625-AA00
Safety Zone; Mutiny Bay, Whidbey Island, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Mutiny Bay, Whidbey Island, Washington. The
temporary safety zone encompasses all waters within a 1000-yard radius
of a barge anchored in Mutiny Bay. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
associate with operations to recover a downed aircraft in this area.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Puget Sound (COTP).
DATES: This rule is effective without actual notice from September 30,
2022 through 10 p.m. October 5, 2022. For the purposes of enforcement,
actual notice will be used from 1 a.m. September 26, 2022 until
September 30, 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-
2022-0828 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 Chief Warrant Officer William E. Martinez, Sector Puget
Sound, Waterways Management Division, U.S. Coast Guard; telephone 206-
217-6051, email <a href="/cdn-cgi/l/email-protection#6a390f091e05183a1f0d0f1e39051f040e3d3d272a1f19090d44070306"><span class="__cf_email__" data-cfemail="51023432253e230124363425023e243f3506061c11242232367f3c383d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Puget Sound
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
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 the Coast Guard was notified of the
planned salvage operation on September 16, 2022 and immediate action is
needed to respond to the potential safety hazards associated with the
recovery of the downed aircraft. It is impracticable to publish an NPRM
because we must establish this safety zone by the start of recovery
operations on September 26, 2022.
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 potential safety hazards associated with the salvage
operations.
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 COTP
[[Page 59303]]
has determined that potential hazards associated with salvage
operations starting September 26, 2022 will be a safety concern for
anyone within a 1000-yard radius of the barge anchored in Mutiny Bay,
Whidbey Island. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
during ongoing salvage operations.
IV. Discussion of the Rule
This rule establishes a safety zone from 1 a.m. on September 26,
2022 until 10 p.m. October 5, 2022. The safety zone will cover all
navigable waters from surface to the bottom within a 1000-yard radius
of the barge anchored in position 47[deg]59'25.994'' N
122[deg]35'06.817'' W in Mutiny Bay, Whidbey Island, Washington. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during salvage operations
of a downed aircraft. 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 the COTP .
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.
This regulatory action determination is based on 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 Mutiny Bay, Whidbey Island for a total of 10
days and operations may be suspended early at the discretion of the
COTP. 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 with a duration of 10 days or until salvage operations are
completed. 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. A Record of Environmental Consideration supporting
this determination will be produced. For instructions on locating the
docket, see the ADDRESSES section of this preamble.
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
[[Page 59304]]
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.T13-0828 to read as follows:
Sec. 165.T13-0828 Safety Zone; Mutiny Bay, Whidbey Island, WA.
(a) Location. The safety zone is located within the Captain of the
Port Puget Sound (COTP) zone (See 33 CFR 3.65-10) and will encompass
all navigable waters, from the surface to the bottom, within a 1000-
yard radius of a barge anchored in position 47[deg]59'25.994'' N
122[deg]35'06.817'' W in Mutiny Bay, Whidbey 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 any Federal, State, and local officers designated by or
assisting the COTP 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. If permission is granted, all persons
and vessels must comply with the instructions of the COTP or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while in the zone.
(d) Enforcement period. This safety zone is in effect from 1 a.m.
on September 26, 2022 through 10 p.m. on October 5, 2022. It will be
subject to enforcement this entire period unless the COTP determines it
is no longer needed, in which case the Coast Guard will inform mariners
via Broadcast Notice to Mariners on VHF-FM marine channel 16.
Dated: September 26, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-21204 Filed 9-29-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 30, 2022.
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