21866 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 

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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that 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 

(32)(e), of the instruction. 

Under figure 2–1, paragraph (32)(e), of 

the instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard revises 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.647 to read as follow: 

§ 117.647 Saginaw River. 

(a) The draws of the Lake State 

Railway Bridge, mile 3.10, and the 

Canadian National Railway Bridge, mile 

4.94, both in Bay City, shall open on 

signal; except that from January 1 

through March 31, the draws shall open 

on signal if at least 12 hours advance 

notice is provided. 

(b) The draws of the Independence 

Bridge, mile 3.88, Liberty Street Bridge, 

mile 4.99, Veterans Memorial Bridge, 

mile 5.60, and Lafayette Street Bridge, 

mile 6.78, all in Bay City, shall open on 

signal, except as follows: 

(1) From April 15 through November 

1, between the hours of 6:30 a.m. and 

7 p.m., Monday through Friday, except 

federal holidays, the draws of the 

Independence and Veterans Memorial 

Bridges need open for the passage of 

recreational vessels only from three 

minutes before to three minutes after the 

hour and half-hour, and the Liberty 

Street and Lafayette Street bridges need 

open for the passage of recreational 

vessels only from three minutes before 

to three minutes after the quarter-hour 

and three-quarter hour. 

(2) From January 1 through March 31, 

the draws of these bridges shall open on 

signal if at least 12 hours advance notice 

is provided. 

Dated: March 12, 2012. 

M. N. Parks, 

Rear Admiral, U. S. Coast Guard Commander, 

Ninth Coast Guard District. 

[FR Doc. 2012–8821 Filed 4–11–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0282] 

RIN 1625–AA00 

Safety Zone; Sunken Vessel, Puget 

Sound, Everett, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone around the 

Vigor Marine Dry Dock, located in 

Everett, WA. This action is necessary to 

prevent maritime traffic from colliding 

with a sunken dry dock and associated 

debris, and to ensure the safety of the 

salvage crews on scene. It will do so by 

prohibiting vessels 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 April 12, 2012 through 11:59 p.m. on 

April 15, 2012. This rule is effective 

with actual notice for purposes of 

enforcement at 12 a.m. on April 2, 2012. 

This rule will remain in effect through 

11:59 p.m. on April 15, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0282 and are available online by going 

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

USCG–2012–0282 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 email ENS Nathaniel P. 

Clinger, Waterways Management 

Division, Coast Guard Sector Puget 

Sound; Coast Guard; telephone 206– 

217–6045; email 

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 

publishing a NPRM would be contrary 

to public interest since immediate 

action is necessary to protect vessels, 

persons, and salvage crews in Everett, 

WA, from hazards created by a sunken 

dry dock requiring emergency salvage 

operations. 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. Normal notice and 

comment procedures cannot be 

followed due to the immediate threat of 

collision and/or exposure to hazardous 

pollutants posed by the sunken vessel 


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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 21867 

and associated pollution response and 

salvage operations. 

Background and Purpose 

On March 18, 2012 at approximately 

12:46 p.m. the floating dry dock in 

which the 136 foot TUG INVADER was 

laying on blocks was found to have 

capsized and partially sank. As a result 

the Coast Guard established a 100 yard 

safety zone around the Vigor Marine Dry 

Dock in Everett, WA. On March 22, 

2012 it was determined that a hard 

containment boom must be tied to the 

existing long log boom in place, which 

is outside of the original established 

safety zone. Due to these operational 

requirements this rule establishes a 200 

yard safety zone surrounding the dry 

dock. As salvage operations continue to 

recover the floating dry dock, salvage 

equipment, which may include cranes 

and vessels utilizing dive teams that 

will require this zone to ensure safety. 

Enforcement of this zone will 

commence at 12 a.m. on April 2, 2012. 

The safety zone created by this rule is 

necessary to help ensure the safety of 

maritime public and the personnel 

involved in salvage operations. It 

prevents navigation in areas that may 

contain sunken obstructions, and debris. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone encompassing all waters 

within 200 yards of Vigor Marine Dry 

Dock in Everett, WA. Vessels wishing to 

enter the zone must request permission 

for entry by contacting the Joint Harbor 

Operation Center at (206) 217–6001 or 

Vessel Traffic Service Puget Sound on 

VHF–FM CH 14. Once permission for 

entry is granted vessels must proceed at 

a minimum speed for safe navigation. 

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 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this regulation under 

Executive Order 12866. This rule is not 

a significant regulatory action due to 

being limited in size and duration. 

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 affected 

waterway during the period mentioned. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reason. The zone 

established in this rule is limited in size 

and short in duration. 

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 affect 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 


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21868 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 

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. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

List of Subjects 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 

■ 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 

■ 2. Add a temporary § 165.T13–213 to 

read as follows: 

§ 165.T13–213 Safety Zone; Sunken 

Vessel, Puget Sound, Everett, WA. 

(a) Location: The following area is 

designated as a safety zone: All waters 

within 200 yards of the Vigor Marine 

Dry Dock in Everett, WA. 

(b) Regulations: In accordance with 

the general regulations in 33 CFR 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 Vessel 

Traffic Service Puget Sound on VHF– 

FM CH 14. Once permission for entry is 

granted vessels must proceed at a 

minimum speed for safe navigation. 

(c) Effective Dates and Enforcement 

Periods: This rule will be effective and 

enforced from 12 a.m. on April 2, 2012 

through 11:59 p.m. on April 15, 2012, 

unless cancelled sooner by the Captain 

of the Port. 

Dated: March 30, 2012. 

S. J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2012–8757 Filed 4–11–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1005] 

RIN 1625–AA00 

Safety Zone; Marina Salvage, 

Bellingham Bay, Bellingham, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone in and around 

the Squalicum Harbor Marina, located 

in Bellingham, WA. This action is 

necessary to ensure the safety of the 

maritime public and the on-scene law 

enforcement, and salvage vessels by 

preventing contact with associated 

debris, and sunken vessels, and will do 

so by prohibiting vessels 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 April 12, 

2012 through 11:59 p.m. April 13, 2012. 

The safety zone has been enforced with 

actual notice since 12 a.m. on April 5, 

2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1005 and are available online by going 

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

USCG–2011–1005 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 email Ensign Nathaniel P. 

Clinger, Waterways Management 

Division, Coast Guard Sector Puget 

Sound; Coast Guard; telephone 

206–217–6323, email 

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 

publishing a NPRM would be contrary 

to public interest since immediate 

action is necessary to protect vessels, 

persons and law enforcement vessels in 


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