[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14589-14591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06924]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 safety of the maritime public and workers involved in the drydock 
movements. The safety zone will 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.

DATES: This rule is effective May 7, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1061 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 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 Information and Regulatory History

    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

[[Page 14590]]

Guard last published a temporary safety zone; Vigor Industrial Ferry 
Construction, West Duwamish Waterway, Seattle, WA on September 9, 2014 
(79 FR 53297).
    On November 16, 2016, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Vigor Industrial Drydock 
Movement, West Duwamish Waterway; Seattle, WA (81 FR 80621). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this safety zone. During the comment 
period that ended January 17, 2017, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is establishing this rule 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.
    Due to the dangers involved with a large, slow moving drydock that 
will be maneuvering close to the shore, the Coast Guard is establishing 
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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
November 16, 2016. There is one change in the regulatory text of this 
rule from the proposed rule in the NPRM.
    We changed the proposed language in Sec.  165.1340(b)(2) as 
follows: In the first sentence of paragraph (b)(2), the word 
``consult'' is changed to ``communicate.'' The second sentence of 
paragraph (b)(2) remains unchanged. This change is intended to clarify 
that consultation occurs once the Coast Guard receives sufficient 
information from Vigor Industrial and the Muckleshoot Tribe that there 
are impacts to treaty fishing activities.
    This rule establishes 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 north-eastern tip of Harbor Island 
in Seattle, WA, and will only be enforced after a notice of enforcement 
has been issued by the Captain of the Port, Sector Puget Sound. In 
addition to issuing a notice of enforcement to be published in the 
Federal Register, the Captain of the Port will use other appropriate 
means, such as Local Notice to Mariners and Special Marine Information 
Broadcast, to inform the public of enforcement periods.
    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 will be required 
proceed at a minimum speed for navigation.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This safety zone will 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 will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule allows 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    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 will 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.
    This rule was determined to have potential tribal implications 
under Executive Order 13175, Consultation and Coordination with Indian 
Tribal

[[Page 14591]]

Governments, because it will impact vessel traffic in the West Duwamish 
Waterway. The Coast Guard consulted with the Muckleshoot tribe on the 
NPRM that preceded this rule. In order to reach an agreeable timeframe 
that avoids impacts to treaty fishing activities, the Coast Guard will 
communicate 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 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 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
the establishment of a safety zone to ensure the safety of the maritime 
public. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

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 record 
keeping 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.  165.1340 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 communicate 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.
    (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 Sec.  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.

L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2018-06924 Filed 4-4-18; 8:45 am]
 BILLING CODE 9110-04-P