[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Proposed Rules]
[Pages 80621-80624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27494]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1061]
RIN 1625-AA00


Safety Zone; Vigor Industrial Drydock Movement, West Duwamish 
Waterway; Seattle, WA

AGENCY:  Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in the 
West Duwamish Waterway in Seattle, Washington for scheduled drydock 
movements at Vigor Industrial. The safety zone is necessary to ensure 
the

[[Page 80622]]

safety of the maritime public and workers involved in the drydock 
movements. The safety zone would prohibit any person or vessel from 
entering or remaining in the safety zone when a notice of enforcement 
is issued, unless authorized by the Captain of the Port or a Designated 
Representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 17, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1061 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander Christina 
Sullivan, Waterways Management Division, Sector Puget Sound, U.S. Coast 
Guard; telephone (206) 217-6051, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard periodically receives notification from Vigor 
Industrial regarding their scheduled drydock movements in the West 
Duwamish Waterway, and has established temporary safety zones to ensure 
the safety of the maritime public during Vigor Industrial's operations. 
The Coast Guard published a temporary safety zone; Vigor Industrial 
Ferry Construction, West Duwamish Waterway, Seattle, WA on September 9, 
2014 (79 FR 53297).
    Due to the dangers involved with a large, slow moving drydock that 
will be maneuvering close to the shore, the Coast Guard proposes the 
establishment of a short term safety zone that is activated on a notice 
of enforcement to ensure the safety of the workers involved as well as 
the maritime public during Vigor Industrial's operations.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231. Coast Guard Captains of the Port are granted authority to 
establish safety and security zones in 33 CFR 1.05-1(f) for safety and 
environmental purposes as described in 33 CFR part 165.
    Vigor Industrial periodically conducts drydock movements in support 
of its vessel launching operations in the West Duwamish Waterway in 
Seattle, Washington. The Coast Guard proposes to establish a safety 
zone to ensure the safety of the workers involved as well as the 
maritime public during Vigor Industrial's operations, and would do so 
by prohibiting any person or vessel from entering or remaining in the 
safety zone unless authorized by the Captain of the Port (COTP) or a 
Designated Representative.

III. Discussion of Proposed Rule

    The Coast Guard is establishing a safety zone encompassing all 
waters in a rectangle approximately 450-yards-by-500-yards at the mouth 
of the West Duwamish Waterway as it empties into Elliot Bay in Seattle, 
Washington. The safety zone is adjacent to the northeastern tip of 
Harbor Island in Seattle, WA.
    To request permission to enter the zone during the times set out by 
the notice of enforcement contact the Joint Harbor Operations Center at 
206-217-6001 or the Vessel Traffic Service Puget Sound on VHF Channel 
14. If permission for entry is granted vessels would be required 
proceed at a minimum speed for navigation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and 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 NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This safety zone would 
impact a small designated area of the West Duwamish Waterway for less 
than 6 hours per occurrence. From 2005 through 2015, there were a total 
of 10 instances in which the Coast Guard issued a safety zone for the 
movement of the Vigor Dry Dock. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zone.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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

[[Page 80623]]

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 proposed rule under that Order and have determined that 
it is consistent with the fundamental federalism principles and 
preemption requirements described in E.O. 13132.
    This proposed rule was determined to have potential tribal 
implications under Executive Order 13175, Consultation and Coordination 
with Indian Tribal Governments, because it would impact vessel traffic 
in the West Duwamish Waterway. The Coast Guard consulted with the 
Muckleshoot tribe on this notice of proposed rulemaking. In order to 
reach an agreeable timeframe that avoids impacts to treaty fishing 
activities, the Coast Guard will consult with the Muckleshoot tribe and 
Vigor Industrial once it receives notification from Vigor Industrial 
concerning drydock movements that require the enforcement of the safety 
zone. If agreement is not reached, the Coast Guard, as a Federal 
trustee, will conduct consultation with the Muckleshoot tribe to ensure 
Vigor movements will avoid Treaty impacts.
    If you believe this proposed rule has additional 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves the 
establishment of a safety zone to ensure the safety of the maritime 
public. Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.1340 to read as follows:


Sec.  165.1340   Safety Zone; Vigor Industrial Drydock Movement, West 
Duwamish Waterway; Seattle, WA.

    (a) Location. The following area is a safety zone: All waters of 
the West Duwamish Waterway in Seattle, WA encompassed within the area 
created by connecting the following points: 47[deg]35'04'' N., 
122[deg]21'30'' W. thence westerly to 47[deg]35'04'' N., 
122[deg]21'50'' W. thence northerly to 47[deg]35'19'' N., 
122[deg]21'50'' W. thence easterly to 47[deg]35'19'' N., 
122[deg]21'30'' W. thence southerly to 47[deg]35'04'' N., 
122[deg]21'30'' W.
    (b) Regulations. (1) In accordance with the general regulations in 
subpart C of this part, when a notice of enforcement has been issued, 
no person may enter or remain in the safety zone created by this 
section unless authorized by the Captain of the Port or a Designated 
Representative. See subpart C of this part for additional safety zone 
information and requirements. Vessel operators wishing to enter the 
zone during the enforcement period must request permission for entry by 
contacting the Joint Harbor Operation Center at 206-217-6001 or the 
Vessel Traffic Service Puget Sound on VHF channel 14.
    (2) In order to reach an agreeable timeframe that avoids impacts to 
treaty fishing activities, the Coast Guard will consult with the 
Muckleshoot tribe and Vigor Industrial once it receives notification 
from Vigor Industrial concerning drydock movements that require the 
enforcement of the safety zone. If agreement is not reached, the Coast 
Guard, as a Federal trustee, will conduct consultation with the 
Muckleshoot tribe to ensure Vigor movements will avoid Treaty impacts.

[[Page 80624]]

    (c) Enforcement periods. The safety zone described in paragraph (a) 
of this section will be enforced by the Captain of the Port only upon 
notice. Notice of enforcement by the Captain of the Port will be 
provided prior to execution of the drydock movement by all appropriate 
means, in accordance with 33 CFR 165.7(a). Such means will include 
issuance of a notice of enforcement to be published in the Federal 
Register, Local Notice to Mariners, and Special Marine Information 
Broadcast.

    Dated: November 8, 2016.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2016-27494 Filed 11-15-16; 8:45 am]
 BILLING CODE 9110-04-P