[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Rules and Regulations]
[Pages 63678-63680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26754]


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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 October 21, 
2015 through November 30, 2015. For the purposes of enforcement, actual 
notice will be used from October 2, 2015 until October 21, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0570 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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]

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 of an unexpected extension of 
construction. With construction still in progress the safety zone needs 
to be extended until November 30, 2015. Due to the nature of the delay 
and the need to extend the safety zone immediately, it would be 
impracticable to issue an NPRM and solicit comment before finalizing 
this rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with the construction of the east span of the 520 Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Puget sound (COTP) has determined that 
potential hazards associated with bridge construction continuing on 
October 2, 2015 will be a safety concern for anyone within a 100-yard 
radius of the 520 Bridge east span construction operations. This rule 
is needed to protect personnel, vessels, and the marine environment in 
the navigable waters within the safety zone while the bridge is being 
repaired.

IV. Discussion of the 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 October 2, 2015 through November 30, 
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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and

[[Page 63679]]

executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 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. 
E.O. 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 E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator, 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.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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(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 a temporary safety zone lasting less than 60 days that 
will prohibit entry within 100 yards of the east span of the 520 bridge 
during times of construction operations. It 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. 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.

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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


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

[[Page 63680]]

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 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 October 2, 2015, through 
November 30, 2015, when a construction barge is present inside the 
safety zone.

    Dated: September 30, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2015-26754 Filed 10-20-15; 8:45 am]
 BILLING CODE 9110-04P