Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81467 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1098] 

RIN 1625–AA00 

Safety Zone; Potential Unexploded 

Ordnance, Pier 91, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

encompassing all waters within 100 

yards of Pier 90/91 between terminal 89 

and the Elliott Bay Marina Breakwater 

on Elliott Bay in Seattle, Washington. 

The safety zone is necessary to help 

ensure the safety of the maritime public 

due to discarded military munitions 

discovered in close proximity to Pier 91 

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 

his designated representative. 

DATES: This rule is effective in the CFR 

on December 28, 2010 through April 15, 

2011. This rule is effective with actual 

notice for purposes of enforcement 

starting at 12:01 a.m. on December 14, 

2010. This rule will remain in effect 

through 11:59 p.m. on April 15, 2011, 

unless canceled sooner by the Captain 

of the Port. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1098 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1098 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 LTJG Ashley Wanzer, 

Waterways Management Division, Coast 

Guard Sector Puget Sound; telephone 

206–217–6175, e-mail 

SectorPugetSoundWWM@uscg.mil. 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 to do 

so would be contrary to public interest 

since immediate action is necessary to 

ensure the safety of the maritime public 

during the removal of these military 

munitions. 

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 because to do otherwise would 

be contrary to public interest since 

immediate action is necessary to ensure 

the safety of the maritime public during 

the removal of these military munitions. 

Basis and Purpose 

From April to October 2010, the Port 

of Seattle discovered discarded military 

munitions while conducting required 

routine security dives around pier 90/91 

prior to cruise ship arrivals. On eight 

occasions, divers discovered munitions 

that date back decades to when the 

facility was used by the military. Each 

time, after the items were removed, the 

Navy and/or Coast Guard determined 

there was no imminent threat for 

tenants, cruise terminal operations, and 

all other commercial vessel operations 

who utilize the facility. Port police 

continued to perform routine dives 

throughout the summer during cruise 

season. 

The U.S. Army Corps of Engineers has 

designated Pier 90 and 91 as a Formerly 

Used Defense Site (FUDS) and has 

assumed responsibility for removal of 

discarded military munitions from this 

area. 

Discussion of Rule 

The safety zone created by this rule 

encompasses all waters within 100 

yards of Pier 90/91 between terminal 89 

and the Elliott Bay Marina Breakwater 

on Elliott Bay in Seattle, Washington. 

The safety zone can also be described as 

all waters shoreward of a line extending 

from Elliot Bay Marina Breakwater at 

47–37.646N, 122–23.227W then 

southeasterly to 47–37.537N, 122– 

23.015W then east to 47–37.537N, 122– 

22.767W then northeasterly to 47– 

37.611N, 122–22.678W. Entry into the 

safety zone by any person or vessel is 

prohibited unless authorized by the 

Captain of the Port or designated 

representative. 

The Army Corps of Engineers is 

authorized under the authority of the 

FUDS program to conduct site 

investigation and time-critical removal 

action of the submerged munitions at 

Piers 90 and 91. Therefore, authorized 

survey operations and contracted divers 

will be allowed to perform duties 

associated with the planned 

ammunition removal during the 

enforcement of this rule. 

The safety zone will be enforced by 

U.S. Coast Guard personnel. The 

Captain of the Port may be assisted by 

other Federal, State, or local agencies as 

needed. 

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 created by this rule is limited in 

time and duration. Also, maritime traffic 

can transit around the zone. 

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 the safety 

zone during periods of enforcement. 


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81468 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

The rule will not have a significant 

economic impact on a substantial 

number of small entities, however, 

because the safety zone created by the 

rule is limited in time and duration, and 

maritime traffic can transit around the 

zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

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– 

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 (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. 

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. 

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 that 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 Commandant Instruction 

from further environmental 

documentation. This rule involves the 

establishment of a safety zone. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination will be made 

available in the docket. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

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 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapters 701, 3306, 3707; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T13–171 to read as 

follows: 

§ 165.T13–171 Safety Zone; Potential 

Unexploded Ordinance, Pier 91, Seattle, WA 

(a) Location. The following area is a 

safety zone: All waters shoreward of a 

line extending from Elliott Bay Marina 

Breakwater at 47–37.646N, 122– 

23.227W then southeasterly to 47– 

37.537N, 122–23.015W then east to 47– 

37.537N, 122–22.767W then 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81469 

northeasterly to 47–37.611N, 122– 

22.678W. 

(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 

section or bring, cause to be brought, or 

allow to remain in the safety zone 

created in this section any vehicle, 

vessel, or object unless authorized by 

the Captain of the Port or designated 

representative. Designated 

representatives are Coast Guard 

personnel authorized by the Captain of 

the Port to grant persons or vessels 

permission to enter or remain in the 

safety zone created by this section. See 

33 CFR part 165, subpart C, for 

additional information and 

requirements. 

(c) Enforcement Period. The safety 

zone created in this section is effective 

from 12:01 a.m. on December 14, 2010 

until 11:59 p.m. on April 15, 2011 

unless canceled sooner by the Captain 

of the Port. 

Dated: December 10, 2010. 

S.J. Ferguson, 

Captain, U. S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2010–32543 Filed 12–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1082] 

RIN 1625–AA00 

Safety Zone; Allegheny River, 

Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

extending the entire width of the river 

between mile markers 0.6 and 0.8 on the 

Allegheny River. The safety zone is 

needed to protect the public from the 

hazards associated with the First Night 

Pittsburgh fireworks display. Entry into, 

movement within, and departure from 

this Coast Guard safety zone, while it is 

activated and enforced, is prohibited, 

unless authorized by the Captain of the 

Port or a designated representative. 

DATES: This rule is effective from 5:30 

p.m. until 6:45 p.m. on December 31, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1082 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1082 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 Robyn 

Hoskins, Marine Safety Unit Pittsburgh, 

Coast Guard; telephone 412–644–5808, 

e-mail Robyn.G.Hoskins@uscg.mil. 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. Publishing a 

NPRM would be impracticable because 

immediate action is needed to protect 

the public due to the First Night 

Pittsburgh fireworks display that will 

occur in the city of Pittsburgh, PA. 

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. Publishing an NPRM and 

delaying its effective date would be 

impracticable based on the short notice 

received for the event and the short 

period that the safety zone will be in 

place. Immediate action is needed to 

provide safety and protection during the 

First Night Pittsburgh fireworks display 

that will occur in the city of Pittsburgh, 

PA. 

Background and Purpose 

The First Night Pittsburgh fireworks 

display is scheduled to take place on 

December 31, 2010, on the Allegheny 

River. A safety zone is needed to protect 

the public from the hazards associated 

with the fireworks display. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone extending the 

entire width of the river between mile 

markers 0.6 and 0.8 on the Allegheny 

River. Vessels shall not enter into, 

depart from, or move within this safety 

zone without permission from the 

Captain of the Port Pittsburgh or his 

authorized representative. Persons or 

vessels requiring entry into or passage 

through a safety zone must request 

permission from the Captain of the Port 

Pittsburgh, or a designated 

representative. They may be contacted 

on VHF–FM Channel 13 or 16, or 

through Coast Guard Sector Ohio Valley 

at 1–800–253–7465. This rule will be 

effective from 5:30 p.m. to 6:45 p.m. on 

December 31, 2010. The Captain of the 

Port Pittsburgh will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

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. 

This rule will be in effect for a short 

period of time and notifications to the 

marine community will be made 

through broadcast notices to mariners. 

The impacts on routine navigation are 

expected to be minimal. 

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. 


srobinson on DSKHWCL6B1PROD with RULES