[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Rules and Regulations]
[Pages 41689-41691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16615]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0449]
RIN 1625-AA00
Safety Zone; Skagit River Bridge, Skagit River, Mount Vernon, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone around the
Skagit River Bridge located in Mount Vernon, WA. This action is
necessary to protect vessels and persons from dangers associated with
the collapse of the Interstate 5 Skagit River Bridge and to ensure the
safety of the emergency response, salvage, and construction crews on
scene. 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 his Designated Representative.
DATES: This rule will be enforced with actual notice from 12 a.m. on
June 25, 2013, until July 11, 2013. This rule is effective in the Code
of Federal Regulations from July 11, 2013, until 11:59 p.m. on November
10, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0449]. 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 LTJG Nathaniel 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 Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
[[Page 41690]]
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 is impracticable to do so. This
safety zone is being issued in response to an emergency bridge
collapse. Delayed promulgation may result in injury or damage to
persons and vessels on the Skagit River, Mount Vernon, WA from the
hazards created by the collapse of the bridge, including potential
debris and ongoing emergency response operations.
Under 5 U.S.C. 553(d)(3), for the same reasons previously
mentioned, 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 and contrary to the public interest, as it would
eliminate the safety zone's effectiveness and usefulness in protecting
persons, property, and the safe navigation of maritime traffic during
the 30-day period.
B. Basis and Purpose
On May 23, 2013, at approximately 7 p.m. the Interstate 5 Skagit
River Bridge collapsed. When Skagit County and Snohomish County
responders arrived on scene they witnessed three partially submerged
automobiles and floating bridge debris in the Skagit River. Following
the initial response and assessment of the bridge collapse, it was
determined that the time to repair the bridge would exceed the timeline
of the previously established safety zone. Due to ongoing salvage and
restoration operations, which may include cranes and vessels utilizing
dive teams, the Coast Guard will establish a safety zone to prevent
navigation in areas that may contain debris and hazards relating to the
Skagit Bridge collapse and ensure the safety of the maritime public and
personnel involved in salvage, and restoration operations.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone encompassing all
waters on the Skagit River, Mount Vernon, Washington enclosed by the
follow points: 48[deg] 26'41'' N, 122[deg] 20'35'' W; thence north to
48[deg] 26'46'' N, 122[deg] 20'35'' W; thence east along the shoreline
to 48[deg] 26'44'' N, 122[deg] 20'20'' W; thence south to 48[deg]
26'41'' N, 122[deg] 20'20'' W; thence west back to the point of origin.
Vessels wishing to enter the zone must request permission for entry
by contacting the Joint Harbor Operations Center at 206-217-6001, or
the on-scene patrol craft via VHF-FM CH 13. Once permission for entry
is granted vessels must proceed at a minimum speed for safe navigation.
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. This rule is not a
significant regulatory action as it is limited in size and duration.
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 the affected waterway during the period mentioned.
This safety zone will not have a significant economic impact on a
substantial number of small entities because the zone established in
this rule is limited in size, temporary in duration, and vessels may
still transit the southern portion of the waterway.
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.
[[Page 41691]]
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.
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 will be
available in the docket where indicated under ADDRESSES.
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.T13-248 to read as follows:
Sec. 165.T13-248 Safety Zone; Skagit River Bridge, Mount Vernon, WA.
(a) Location. The following area is designated as a safety zone:
All waters on the Skagit River, Mount Vernon, Washington enclosed by
the follow points: 48[deg] 26'41'' N, 122[deg] 20'35'' W; thence north
to 48[deg] 26'46'' N, 122[deg] 20'35'' W; thence east along the
shoreline to 48[deg] 26'44'' N, 122[deg] 20'20'' W; thence south to
48[deg] 26'41'' N, 122[deg] 20'20'' W; thence west back to the point of
origin.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, vessels wishing to enter the zone must request
permission for entry by contacting the Joint Harbor Operation Center at
206-217-6001 or the on-scene patrol craft on VHF-FM CH13. Once
permission for entry is granted vessels must proceed at a minimum speed
for safe navigation.
(c) This rule is effective from 12 a.m. on June 25, 2013, until
11:59 p.m. on November 10, 2013, unless cancelled sooner by the Captain
of the Port.
Dated: June 25, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-16615 Filed 7-10-13; 8:45 am]
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