[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38011-38013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16245]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0114]
RIN 1625-AA00


Safety Zone; Hylebos Bridge Restoration, Hylebos Waterway, 
Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone 
extending 50 yards to the north and south of the Hylebos Bridge, 
Tacoma, WA in both directions along the entire length of the Hylebos 
Bridge to ensure the safety of the boating public during the Hylebos 
Bridge restoration project. This safety zone is necessary to protect 
vessels transiting in the vicinity of the Hylebos Bridge from falling 
debris resulting from concrete removal performed as part of the bridge 
restoration.

DATES: This rule is effective from 6 a.m. on August 20, 2011 through 6 
p.m. on August 22, 2011. The rule will be enforced daily from 6 a.m. 
until 6 p.m. from August 20, 2011 through August 22, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0114 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0114 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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, USCG Sector 
Puget Sound Waterways Management Division, Coast Guard; telephone 206-
217-6323, e-mail [email protected]. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 18, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; 2011 Hylebos Bridge Restoration, Hylebos 
Waterway, Tacoma, WA in the Federal Register (76 FR 14829). We received 
0 comments on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The Hylebos Bridge restoration involves removal of deteriorated 
concrete from the Hylebos Bridge and refinishing the bridge's surface. 
The project poses a safety risk to any vessel traffic in the vicinity 
below the bridge due to potential falling debris. The hydro demolition 
machine that will be used can remove up to 16 inches of concrete in a 
single pass presenting a major safety hazard to vessels, persons, or 
property below. This safety zone will be enforced daily from 6 a.m. 
until 6 p.m. from August 20, 2011 through August 22, 2011, unless 
canceled sooner by the Captain of the Port.

Discussion of Comments and Changes

    The notice of proposed rulemaking for this rule did not receive any 
comments.

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

[[Page 38012]]

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 bases this finding on the fact that the safety zone 
is small in size, short in duration, and maritime traffic will be able 
to transit this area during times when the zone is not enforced. 
Maritime traffic may also request permission to transit through the 
zone from the Captain of the Port, Puget Sound or 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 or anchor in a portion of the Hylebos Waterway from 6 a.m. 
until 6 p.m. from August 20, 2011 through August 22, 2011. This safety 
zone will not have a significant economic impact on a substantial 
number of small entities, because the safety zone is short in duration, 
is minimal in size, and maritime traffic will be allowed to transit 
through the safety zone with the permission of the Captain of the Port, 
Puget Sound or 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 1-888-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 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 might 
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

[[Page 38013]]

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.
    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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. Add Sec.  165.T13-177 to read as follows:


Sec.  165.T13-177  Safety Zone; 2011 Hylebos Bridge Restoration, 
Hylebos Waterway, Tacoma, Washington.

    (a) Location. The following area is a safety zone: All waters 
extending 50 yards to the north and south, along the entire length of 
the Hylebos Bridge in Tacoma, WA.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person or vessel may enter or remain in the 
safety zone without permission of the Captain of the Port or Designated 
Representative. See 33 CFR Part 165, Subpart C, for additional 
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) Authorization. All vessel operators who desire to transit 
through or remain in the safety zone must obtain permission from the 
Captain of the Port or Designated Representative. The Captain of the 
Port may be assisted by federal, state, or local agencies as needed.
    (d) Enforcement Period. This rule is enforced daily from 6 a.m. 
until 6 p.m. from August 20, 2011 through August 22, 2011 unless 
canceled sooner by the Captain of the Port.

    Dated: June 3, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-16245 Filed 6-28-11; 8:45 am]
BILLING CODE 9110-04-P