[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14279-14281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6070]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0117]
RIN 1625-AA00
Safety Zone; Todd Pacific Shipyards Vessel Roll-Out, West
Duwamish Waterway, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 14280]]
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
West Duwamish Waterway in Seattle, Washington for a vessel roll-out at
Todd Pacific Shipyards. The safety zone is necessary to ensure the
safety of the maritime public as well as the workers involved in the
roll-out and will do so by prohibiting 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 April 1, 2011 from 12 p.m. until 7
p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0117 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0117 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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
temporary rule, call or e-mail Ensign Anthony P. LaBoy, Waterways
Management Division, Coast Guard Sector Puget Sound; Coast Guard;
telephone 206-217-6323, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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 contrary to the public
interest since the event requiring the establishment of this safety
zone would be over before a comment period would end and a Final Rule
could be published. In addition, given the dangers involved with a
large slow moving dry dock maneuvering close to the shore, a delay in
enacting this safety zone would be contrary to the public interest.
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, as the event requiring the
establishment of this safety zone would be over before the temporary
final rule could be published. Due to the dangers involved with a large
slow moving dry dock maneuvering close to the shore, delaying the
effective date of this rule would be contrary to the public interest.
Background and Purpose
Todd Pacific Shipyards is conducting a vessel roll-out in the West
Duwamish Waterway in Seattle, Washington on April 1, 2011. 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.
Discussion of Rule
The safety zone is being created to ensure the public's safety
during a vessel roll out that will take place on April 1, 2011 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 thence southerly to 47[deg]35'' 04'' N, 122[deg]21'' 30'' W. All
persons and vessels will be prohibited from entering or remaining in
the safety zone. The safety zone will be effective on April 1, 2011
from 12 p.m. to 7 p.m. unless cancelled sooner by the Captain of the
Port or his 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.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this finding
based on the fact that the safety zone is enforced for only seven hours
on one day, and maritime traffic may be able to transit through the
safety zone with permission of the Captain of the Port or his
Designated Representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 is enforced for only seven hours on one day, and
vessel traffic will be allowed to pass through the safety zone with the
permission of the Captain of the Port or his Designated Representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L.104-121), in the NPRM we offered to assist
small entities in understanding the rule so that they could better
evaluate its effects on them and participate in the rulemaking process.
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-
[[Page 14281]]
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion 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. 1226, 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. Section 165.T13-176 is added to read as follows:
Sec. 165.T13-176 Safety Zone; Todd Pacific Shipyards 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 his 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 12 p.m. to 7 p.m. on April 1, 2011 unless cancelled
sooner by the Captain of the Port.
Dated: March 1, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-6070 Filed 3-15-11; 8:45 am]
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