[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Rules and Regulations]
[Pages 40734-40736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19434]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0496]
RIN 1625-AA00


Safety Zone; Hood Canal Bridge Cable Laying Operation, Hood 
Canal, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
vicinity of the Hood Canal Bridge due to the ongoing Hood Canal Bridge 
Construction Project. The safety zone is necessary to help protect 
construction personnel and the maritime public from the numerous 
dangers associated with the Hood Canal Bridge Construction Project. All 
persons and vessel are prohibited from entering the zone unless 
authorized by the Captain of the Port, Puget Sound or her Designated 
Representative.

DATES: This rule is effective from 6 a.m. on June 15, 2009, until 6 
a.m. on September 30, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0496 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0496 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 ENS Ashley Wanzer, Waterways Management, 
Sector Seattle, Coast Guard; telephone 206-217-6175, 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 publishing a NPRM would be contrary 
to the public interest because immediate action is necessary to ensure 
the safety of the construction personnel and the maritime public from 
the dangers associated with the Hood Canal Bridge Construction Project.
    For the same reasons, the Coast Guard also finds under 5 U.S.C. 
553(d)(3) that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

Background and Purpose

    The Hood Canal Bridge Construction Project is a complex 
construction operation involving multiple construction barges and the 
installation of underwater cables. Due to the numerous dangers 
associated with such operations, the Coast Guard is establishing a 
temporary safety zone for the project to help protect construction 
personnel and the maritime public from the numerous dangers associated 
with it.

Discussion of Rule

    The temporary safety zone established by this rule is necessary to 
help protect construction personnel in the Hood Canal Bridge 
Construction Project and the maritime public from the numerous dangers 
associated with the project and will do so by prohibiting any person or 
vessel from entering the zones unless authorized by the Captain of the 
Port, Puget Sound or her Designated Representative. Persons wishing to 
request authorization to operate within or transit through the safety 
zone must contact the USCG Sector Seattle Joint Harbor Operations 
Center at 206-217-6001. Additional information regarding the 
construction work may be obtained from Kiewit-General Construction 
Company at 360-620-3423 or the on-scene official patrol or M/V REDWOOD 
CITY on VHF-FM channel 13, 14, or 16.
    The safety zone encompass: (1) All waters within a 100 yard radius 
around any construction barge participating in the project while the 
barge is in operation; and, (2) all waters between any barge 
participating in the project and the Hood Canal Bridge itself. The 
safety zone will be in effect from 6 a.m. on June 15, 2009, until 6 
a.m. on September 30, 2009, unless cancelled or ended sooner by the 
Captain of the Port or her Designated Representative.
    The Captain of the Port, Puget Sound may enlist the aid and 
cooperation of Federal, State, or local Law Enforcement Officers to 
enforce the rules contained in this section pursuant to 33 CFR 6.04-11.

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 economic impact of this temporary rule is expected to be 
minimal. This expectation is based on the fact that the safety zone 
established by this regulation will encompass small areas and be of 
such a short duration that the zone should not significantly impact 
commercial or recreational traffic.

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 effective period.
    The safety zone will not have a significant economic impact on a

[[Page 40735]]

substantial number of small entities for the following reasons: This 
rule will be in effect for a limited duration and within a limited 
area. The area within the zone and the surrounding waterway is not 
considered a critical waterway to the boating public. The Captain of 
the Port Puget Sound may waive any of the requirements of this rule for 
any vessel or class of vessels upon finding that application of the 
rule is unnecessary or impractical for the purposes of port security, 
safety, or environmental safety. The Coast Guard will give notice to 
the public via a Broadcast Notice to Mariners that the regulation is in 
effect.

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 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, because it involves the establishment of a 
temporary safety zone.
    An environmental analysis checklist 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.

0
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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T13-092 to read as follows:

[[Page 40736]]

Sec.  165.T13-092  Safety Zone; Hood Canal Bridge Cable Laying 
Operation, Hood Canal, WA

    (a) Location. The following area is a safety zones: (1) All waters 
of the Hood Canal, from surface to bottom, within a 100 yard radius 
around any construction barge participating in the Hood Canal Bridge 
Construction Project while the barge is in operation; and
    (2) All waters of the Hood Canal, from surface to bottom, between 
any barge participating in the Hood Canal Bridge Construction Project 
and the Hood Canal Bridge itself.
    (b) Enforcement period. This rule will be enforced from 6 a.m. on 
June 15, 2009, until 6 a.m. September 30, 2009, unless cancelled or 
ended sooner.
    (c) Regulations.
    (1) In accordance with the general regulations in 33 CFR Part 165, 
Subpart C, no vessel may enter, transit, moor, or anchor within this 
safety zone unless authorized by the Captain of the Port or her 
Designated Representative.
    (2) ``Designated Representative'' means any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on her behalf.
    (3) To request authorization to operate within the safety zone, 
contact the USCG Sector Seattle Joint Harbor Operations Center at 206-
217-6001. Additional information regarding the construction work may be 
obtained from Kiewit-General Construction Company at 360-620-3423, or 
the on-scene official patrol, or M/V REDWOOD CITY on VHF-FM channel 13, 
14, or 16.

    Dated: June 14, 2009.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E9-19434 Filed 8-12-09; 8:45 am]
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