[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Rules and Regulations]
[Pages 10064-10066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03264]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0039]
RIN 1625-AA00


Safety Zone; Vigor Industrial Roll-Out, West Duwamish Waterway, 
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
West Duwamish Waterway in Seattle, Washington for a vessel roll-out at 
Vigor Industrial. The safety zone is necessary to ensure the safety of 
the maritime public and workers involved in the roll-out. 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 on February 28, 2013 from 2:00 a.m. until 
10:00 a.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0039]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ensign Nathaniel P. Clinger, Waterways Management 
Division, Coast Guard Sector Puget Sound, Coast Guard; telephone 206-
217-6045, email SectorPugetSoundWWM@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 it would be impracticable to do so. 
Delaying promulgation may result in injury or damage to persons and 
vessels since the roll-out event is scheduled to occur before a comment 
period would end and a Final Rule could be published.
    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 until 
30 days after publication would be impracticable, as this delay would 
eliminate the safety zones' effectiveness and usefulness in protecting 
persons, property, and the safe navigation of maritime traffic during 
the 30-day period.

B. Basis and Purpose

    Vigor Industrial is conducting a vessel roll-out in the West 
Duwamish Waterway in Seattle, Washington on February 28, 2013. Due to 
the dangers involved with a large slow moving dry dock that will be 
maneuvering close to the shore, the Coast Guard is establishing a 
temporary safety zone to ensure the safety of the workers involved as 
well as the maritime public.

C. Discussion of the Final Rule

    The safety zone helps ensure the public's safety during a vessel 
roll-out that will take place on February 28, 2013 in the waters of the 
West Duwamish Waterway. The safety zone created by this rule 
encompasses all waters of the West Duwamish Waterway in Seattle, 
Washington within the area created by connecting the following points: 
47[deg]35'04'' N, 122[deg]21'30'' W thence westerly to 47[deg]35'04'' 
N, 122[deg]21'50'' W thence northerly to 47[deg]35'19'' N, 
122[deg]21'50'' W thence easterly to 47[deg]35'19'' N, 122[deg]21'30'' 
W

[[Page 10065]]

thence southerly to 47[deg]35'04'' N, 122[deg]21'30'' W. 
Geographically, the safety zone is adjacent to the northern tip of 
Harbor Island in Seattle, WA.
    All persons and vessels will be prohibited from entering or 
remaining in the safety zone. The safety zone will be effective on 
February 28, 2013 from 2:00 a.m. to 10:00 a.m. unless cancelled sooner 
by the Captain of the Port or a Designated Representative. The safety 
zone will be enforced by the U.S. Coast Guard. The Captain of the Port 
may also be assisted in the enforcement of this safety zone by other 
federal, state, or local agencies.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard has made 
this finding based on the fact that the safety zone is limited in 
duration, and maritime traffic may be able to transit through the 
safety zone with permission of the Captain of the Port or a Designated 
Representative.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit through the safety zone created by this rule. This 
rule will not have a significant economic impact on a substantial 
number of small entities, although the safety zone will apply to the 
entire width of the waterway, the zone will be enforced for a limited 
period of time, and vessel traffic will be allowed to pass through the 
safety zone with the permission of the Captain of the Port or a 
Designated Representative.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 10066]]

14. 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 (NEPA) (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 the establishment of a temporary safety 
zone. This rule 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.

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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1


0
2. Add Sec.  165.T13-241 to read as follows:


Sec.  165.T13-241  Safety Zone; Vigor Industrial Vessel Roll-Out, West 
Duwamish Waterway, Seattle, WA.

    (a) Location. The following area is a safety zone: All waters of 
the West Duwamish Waterway in Seattle, WA encompassed within the area 
created by connecting the following points: 47[deg]35'04'' N, 
122[deg]21'30'' W thence westerly to 47[deg]35'04'' N, 122[deg]21'50'' 
W thence northerly to 47[deg]35'19'' N, 122[deg]21'50'' W thence 
easterly to 47[deg]35'19'' N, 122[deg]21'30'' W thence southerly to 
47[deg]35'04'' N, 122[deg]21'30'' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person may enter or remain in the safety 
zone created in this rule unless authorized by the Captain of the Port 
or a Designated Representative. See 33 CFR Part 165, Subpart C, for 
additional information and requirements. Vessel operators wishing to 
enter the zone during the enforcement period must request permission 
for entry by contacting Vessel Traffic Service Puget Sound on VHF 
channel 14, or the Sector Puget Sound Joint Harbor Operations Center at 
(206) 217-6001.
    (c) Enforcement Period. The safety zone created in this rule is 
enforced from 2:00 a.m. to 10:00 a.m. on February 28, 2013 unless 
cancelled sooner by the Captain of the Port.

    Dated: February 1, 2013.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-03264 Filed 2-12-13; 8:45 am]
BILLING CODE 9110-04-P