[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 <a href="/cdn-cgi/l/email-protection#633006000c173316040617300c160d0734342e23161000044d0e0a0f"><span class="__cf_email__" data-cfemail="9ac9fff9f5eecaeffdffeec9f5eff4fecdcdd7daefe9f9fdb4f7f3f6">[email protected]</span></a>. 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]
BILLING CODE 9110-04-P


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