[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38944-38946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16701]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0570]
RIN 1625-AA00


Safety Zone; 520 Bridge Construction, Lake Washington; Seattle, 
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Washington around the east span of the 520 Bridge in Seattle, 
Washington due to ongoing construction. The safety zone is necessary to 
ensure the safety of the maritime public and workers involved in the 
bridge construction when construction barges are located in the east 
span of the bridge. 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 is effective without actual notice from July 8, 2015 
through September 4, 2015. For the purposes of enforcement, actual 
notice will be used from June 22, 2015 until July 8, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0570] 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 Ryan Griffin, Waterways Management Division, Coast Guard 
Sector Puget Sound; telephone (206) 217-6051, 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
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 publishing an NPRM would be 
impracticable, as delayed promulgation to accommodate a notice and 
comment period would endanger the safety of the maritime public and 
workers involved in the bridge construction.
    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. Delaying the effective date until 
30 days after publication would be impracticable, as doing so would 
endanger the safety of the maritime public and workers involved in the 
bridge construction.

B. Basis and Purpose

    The 520 Bridge is the longest floating bridge in the world with a 
span of 1.4 miles across Lake Washington supported by 33 pontoons. The 
520 Bridge is being replaced in order to upgrade the bridges floating 
pontoons for larger ones. During the bridge replacement project the 
east span on the 520 Bridge will at times require construction barges 
to block the waterway that runs beneath that span of the bridge. As a 
result, the Coast Guard is establishing a temporary safety zone to 
ensure the safety of the maritime public and workers involved in the 
bridge construction when the east span is being used by construction 
barges.

C. Discussion of the Final Rule

    The safety zone established in this rule encompasses all waters 
within 100 yards of the east span of the 520 Bridge, located on Lake 
Washington and is effective from June 22, 2015, through September 4, 
2015, when a construction barge is present in the safety zone. Vessels 
wishing to enter the safety zone must request permission to do so from 
the Captain of the Port by contacting the Joint Harbor Operations 
Center at 206-217-6001 or VHF Channel 16. If 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 the safety zone established by it is 
both limited in size and duration and there is an alternative route for 
vessels with an air draft that permits safe passage under the west span 
of the bridge.

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 time the safety 
zone is in effect. This safety zone will not have a significant 
economic impact

[[Page 38945]]

on a substantial number of small entities, however, because the zone 
established in this rule is limited in size and duration and there is 
an alternative route for vessels with an air draft that permits safe 
passage under the west span of the bridge.

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 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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 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 establishes a temporary safety zone and 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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T13-290 to read as follows:


Sec.  165.T13-290  Safety Zone; 520 Bridge, Lake Washington; Seattle, 
WA.

    (a) Location. The following area is designated as a safety zone: 
all waters within 100 yards of the east span of the 520 Bridge located 
on Lake Washington in Seattle, Washington.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person may enter the safety zone or bring 
or cause to be brought any vessel into the safety zone without 
permission of the Captain of the Port. Persons wishing to enter the 
safety zone must request permission from the Captain of the Port by 
contacting the Joint Harbor Operation Center at 206-217-6001 or VHF 
Channel 16. If permission for entry is granted, vessels must proceed at 
a minimum speed for safe navigation.
    (c) Dates. This rule is effective from June 22, 2015 through 
September 4, 2015 when a construction barge is present inside the 
safety zone.


[[Page 38946]]


    Dated: June 19, 2015.
M. W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-16701 Filed 7-7-15; 8:45 am]
 BILLING CODE 9110-04-P