[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Rules and Regulations]
[Pages 41689-41691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16615]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0449]
RIN 1625-AA00


Safety Zone; Skagit River Bridge, Skagit River, Mount Vernon, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the 
Skagit River Bridge located in Mount Vernon, WA. This action is 
necessary to protect vessels and persons from dangers associated with 
the collapse of the Interstate 5 Skagit River Bridge and to ensure the 
safety of the emergency response, salvage, and construction crews on 
scene. The safety zone will prohibit 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 will be enforced with actual notice from 12 a.m. on 
June 25, 2013, until July 11, 2013. This rule is effective in the Code 
of Federal Regulations from July 11, 2013, until 11:59 p.m. on November 
10, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0449]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email LTJG Nathaniel Clinger, Waterways Management Division, 
Coast Guard Sector Puget Sound; Coast Guard; telephone (206) 217-6045, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security

[[Page 41690]]

FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 is impracticable to do so. This 
safety zone is being issued in response to an emergency bridge 
collapse. Delayed promulgation may result in injury or damage to 
persons and vessels on the Skagit River, Mount Vernon, WA from the 
hazards created by the collapse of the bridge, including potential 
debris and ongoing emergency response operations.
    Under 5 U.S.C. 553(d)(3), for the same reasons previously 
mentioned, the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register. Delaying the effective date until 30 days after publication 
would be impracticable and contrary to the public interest, as it would 
eliminate the safety zone's effectiveness and usefulness in protecting 
persons, property, and the safe navigation of maritime traffic during 
the 30-day period.

B. Basis and Purpose

    On May 23, 2013, at approximately 7 p.m. the Interstate 5 Skagit 
River Bridge collapsed. When Skagit County and Snohomish County 
responders arrived on scene they witnessed three partially submerged 
automobiles and floating bridge debris in the Skagit River. Following 
the initial response and assessment of the bridge collapse, it was 
determined that the time to repair the bridge would exceed the timeline 
of the previously established safety zone. Due to ongoing salvage and 
restoration operations, which may include cranes and vessels utilizing 
dive teams, the Coast Guard will establish a safety zone to prevent 
navigation in areas that may contain debris and hazards relating to the 
Skagit Bridge collapse and ensure the safety of the maritime public and 
personnel involved in salvage, and restoration operations.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone encompassing all 
waters on the Skagit River, Mount Vernon, Washington enclosed by the 
follow points: 48[deg] 26'41'' N, 122[deg] 20'35'' W; thence north to 
48[deg] 26'46'' N, 122[deg] 20'35'' W; thence east along the shoreline 
to 48[deg] 26'44'' N, 122[deg] 20'20'' W; thence south to 48[deg] 
26'41'' N, 122[deg] 20'20'' W; thence west back to the point of origin.
    Vessels wishing to enter the zone must request permission for entry 
by contacting the Joint Harbor Operations Center at 206-217-6001, or 
the on-scene patrol craft via VHF-FM CH 13. Once permission for entry 
is granted vessels must proceed at a minimum speed for safe navigation.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule is not a 
significant regulatory action as it is limited in size and duration.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 because the zone established in 
this rule is limited in size, temporary in duration, and vessels may 
still transit the southern portion of the waterway.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 41691]]

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 involves the establishment of a temporary safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this 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. 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. Add Sec.  165.T13-248 to read as follows:


Sec.  165.T13-248  Safety Zone; Skagit River Bridge, Mount Vernon, WA.

    (a) Location. The following area is designated as a safety zone: 
All waters on the Skagit River, Mount Vernon, Washington enclosed by 
the follow points: 48[deg] 26'41'' N, 122[deg] 20'35'' W; thence north 
to 48[deg] 26'46'' N, 122[deg] 20'35'' W; thence east along the 
shoreline to 48[deg] 26'44'' N, 122[deg] 20'20'' W; thence south to 
48[deg] 26'41'' N, 122[deg] 20'20'' W; thence west back to the point of 
origin.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 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 the on-scene patrol craft on VHF-FM CH13. Once 
permission for entry is granted vessels must proceed at a minimum speed 
for safe navigation.
    (c) This rule is effective from 12 a.m. on June 25, 2013, until 
11:59 p.m. on November 10, 2013, unless cancelled sooner by the Captain 
of the Port.

    Dated: June 25, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-16615 Filed 7-10-13; 8:45 am]
BILLING CODE 9110-04-P