[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13246-13248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05741]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0098]
RIN 1625-AA00
Safety Zone; State Route 520 Bridge Construction, Lake
Washington; Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Washington around the east span of the State Route 520 Bridge in
Seattle, Washington for the construction of the new bridge. The safety
zone is necessary to ensure the safety of the maritime public and
workers involved in the bridge construction. The safety zone will
prohibit any person or vessel from
[[Page 13247]]
entering or remaining in the safety zone unless authorized by the
Captain of the Port or his Designated Representative.
DATES: This rule is effective without actual notice from March 13, 2015
until May 30, 2015. For the purposes of enforcement, actual notice will
be used from the date the rule was signed, February 18, 2015, until
March 13, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0098. 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 BM2 Ryan Griffin, Waterways Management Division, Coast
Guard Sector Puget Sound; Coast Guard; telephone (206) 217-6323, 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
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 publishing an NPRM would be
impracticable as delayed promulgation may result in injury or damage to
the maritime public, vessel crews, the vessels themselves, and the
facilities prior to conclusion of a notice and comment period.
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 contrary to public interest, as this
delay would eliminate the safety zone's effectiveness and usefulness in
protecting persons, property, and the safe navigation of maritime
traffic before 30 days have elapsed.
B. Basis and Purpose
Coast Guard Captains of the Port are granted authority to establish
safety and security zones in 33 CFR 1.05-1(f) for safety and
environmental purposes, described in 33 CFR part 165.
The State Route 520 Bridge is the longest floating bridge in the
world that has a span of 1.4 miles across Lake Washington and is
supported by 33 pontoons.
The State Route 520 Bridge is being replaced, and those efforts
include upgrading the bridge's floating pontoons for larger ones.
During the bridge replacement project, construction barges will
occasionally need to block the waterway that runs beneath the east span
of the bridge. As a result, the Coast Guard is establishing a temporary
safety zone which is necessary to ensure the safety of the maritime
public and workers involved in the bridge construction.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone which encompasses all
waters within 100 yards of the east span of the State Route 520 Bridge,
located on Lake Washington at the following point: 47[deg]38'16.4'' N,
122[deg]14'31.4'' W.
Vessels wishing to enter the zone must request permission for entry
by contacting the Joint Harbor Operations Center at 206-217-6001. 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 the safety zone is both 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 and duration.
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.
[[Page 13248]]
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. 3501-3State Route 520).
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 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 a 100 yard temporary safety zone around
the east span of the State Route 520 Bridge. The rule will prevent any
vessel from approaching within 100 yards of the east span during
periods of construction with permission of the Captain of the Port.
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.
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.T13-283 to read as follows:
Sec. 165.T13-283 Safety Zone; State Route 520 Bridge, Lake
Washington; Seattle, WA.
(a) Location. The following areas are designated as a safety zone:
All waters within 100 yards of the east span of the State Route 520
Bridge, located on Lake Washington at the following point:
47[deg]38'16.4'' N, 122[deg]14'31.4'' W.
(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. Once permission for entry is granted vessels must proceed
at a minimum speed for safe navigation.
(c) Dates. This rule will be enforced on days during which
construction operations occur, from 3 a.m. to 11 a.m., or until the
construction barge has departed from the waterway under the east span,
starting on February 18, 2015, until May 30, 2015.
Dated: February 18, 2015.
M. W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-05741 Filed 3-12-15; 8:45 am]
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