[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Rules and Regulations]
[Pages 10064-10066]
From the Federal Register Online via the Government Publishing 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 [email protected]. 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]
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