
[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Rules and Regulations]               
[Page 2077-2079]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja10-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1073]
RIN 1625-AA00

 
Safety Zone; Todd Pacific Shipyards Vessel Launch, West Duwamish 
Waterway, 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 the 
West Duwamish Waterway, Seattle, Washington. Entry into, transit 
through, mooring or anchoring within this zone is prohibited unless 
authorized by the Captain of the Port Puget Sound or her Designated 
Representative. This safety zone is necessary to ensure the safety of 
recreational and commercial traffic in the area during a vessel launch 
operation at Todd Pacific Shipyards, located at the entrance to the 
West Duwamish Waterway.

DATES: This rule is effective from 1 a.m. to 10:30 a.m. on January 16, 
2010 unless cancelled sooner by the Captain of the Port.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-1073 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-1073 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 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 
temporary rule, call or e-mail ENS Rebecca E. McCann, Waterways 
Management Division, Sector Seattle, Coast Guard; telephone 206-217-
6088, e-mail Rebecca.E.McCann@uscg.mil. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory 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

[[Page 2078]]

(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 a NPRM would be contrary to the public interest 
since immediate action is necessary to ensure the safety of commercial 
and recreational vessels in the vicinity of the launch on the date and 
times this rule will be in effect.
    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 would 
be contrary to public interest because hazards associated with a vessel 
launching operation in a restricted waterway, such as excessive vessel 
congestion, could lead to injury, fatalities, and/or destruction of 
public property. Therefore, immediate action is needed to ensure the 
public's safety from the hazards noted above.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to provide 
for the safety of recreational and commercial vessel traffic during a 
vessel launch operation at the Todd Pacific Shipyards Facility. The 
area that Todd Pacific Shipyards Facility will use encompasses a high 
commercial traffic zone and the West Duwamish River mouth. The Coast 
Guard is establishing this zone to protect vessels and persons from the 
hazards associated with excessive vessel congestions within this 
restricted waterway. The safety zone is needed to keep vessels out of 
the affected area during the launch period.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone to 
encompass the waters of the Duwamish River extending 450 yards from the 
vessel launch site at Todd Pacific Shipyard, located at the entrance to 
the West Duwamish Waterway. The safety zone includes all waters within 
an area encompassed by the points 47[deg]35[min]04[sec] N 
122[deg]21[min]30[sec] W, thence to 47[deg]35[min]04[sec] N 
122[deg]21[min]50[sec] W, thence to 47[deg]35[min]19[sec] N 
122[deg]21[min]50[sec] W, thence to 47[deg]35[min]19[sec] N 
122[deg]21[min]30[sec] W, thence to 47[deg]35[min]04[sec] N 
122[deg]21[min]30[sec] W. The safety zone does not extend on land. The 
temporary safety zone will be enforced from 1 a.m. to 10:30 a.m. on 
January 16, 2010 unless cancelled sooner by the Captain of the Port.
    The Coast Guard, through this action, intends to promote the safety 
of personnel and vessels in the area. Entry into this zone by all 
vessels will be prohibited unless authorized by the Captain of the 
Port. This safety zone will be enforced by the U.S. Coast Guard. The 
Captain of the Port may be assisted in the enforcement of this safety 
zone by other Federal, state, or local agencies.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this temporary rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This 
expectation is based on the fact that the regulated area established by 
the regulation would encompass a small area that should not 
significantly impact commercial or recreational traffic. For the above 
reasons, the Coast Guard does not anticipate any significant economic 
impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 waters of the Duwamish River extending 450 yards from the vessel 
launch site at Todd Pacific Shipyard, located at the entrance to the 
West Duwamish Waterway from 1 a.m. to 10:30 a.m. on January 16, 2010. 
This safety zone will not have a significant impact due to the short 
duration and small area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 2079]]

Interference with Constitutionally Protected Property Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of a 
temporary safety zone to allow a vessel launch evolution at Todd 
Pacific Shipyards, the duration of which will be less than one day. An 
environmental analysis checklist 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.


0
For the reasons set out 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. 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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. Add Sec.  165.T13-127 to read as follows:


Sec.  165.T13-127  Safety Zone; Todd Pacific Shipyards Vessel Launch, 
West Duwamish Waterway, Seattle, WA.

    (a) Location. The following area is a safety zone: The waters of 
the Duwamish River extending 450 yards from the vessel launch site at 
Todd Pacific Shipyard, located at the entrance to the West Duwamish 
Waterway, with an area encompassed by the points 47[deg]35'04'' N 
122[deg]21'30'' W, thence to 47[deg]35'04'' N 122[deg]21'50'' W, thence 
to 47[deg]35'19'' N 122[deg]21'50'' W, thence to 47[deg]35'19'' N 
122[deg]21'30'' W, thence to 47[deg]35'04'' N 122[deg]21'30'' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor 
within this safety zone, except for vessels authorized by the Captain 
of the Port or her Designated Representative.
    (c) Enforcement Period. From 1 a.m. to 10:30 a.m. on January 16, 
2010 unless cancelled sooner by the Captain of the Port.

    Dated: December 11, 2009.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-550 Filed 1-13-10; 8:45 am]
BILLING CODE 9110-04-P

