[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Rules and Regulations]
[Pages 32313-32315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11264]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0353]
RIN 1625-AA00


Safety Zone; Spokane Street Bridge; 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 for 
navigable waters within a 100-yard radius of the Spokane Street Bridge 
Light List Number 16870.1. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by repair work on the Spokane Street Bridge. Entry of vessels 
or persons into this zone is prohibited unless specifically authorized 
by the Captain of the Port Puget Sound.

DATES: This rule is effective from 11 p.m. on June 3, 2022, until 7 
a.m. on August 27, 2022. This rule is subject to enforcement on four 
occasions: From 11 p.m. on June 3, 2022 until 7 a.m. on June 4, 2022; 
11 p.m. on June 10, 2022 until 7 a.m. on June 11, 2022; 11 p.m. on 
August 19, 2022 until 7 a.m. on August 20, 2022; and 11 p.m. on August 
26, 2022 until 7 a.m. on August 27, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0353 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 Samud Looney, Sector Puget Sound 
Waterways Management Division, 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 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 the Spokane Street Bridge requires 
immediate action to respond to the potential safety hazards associated 
with emergency bridge inspection and repair work. It is impracticable 
to publish an NPRM because we must establish this safety zone by June 
3, 2022.
    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 of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with emergency 
stability inspection and repair of the Spokane Street Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Puget 
Sound has determined that potential hazards associated with bridge 
repairs starting June 3, 2022, will be a safety concern for anyone 
navigating on the West Duwamish Waterway in the vicinity of the Spokane 
Street Bridge Light List Number 16870.1. 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 inspected and 
repaired.

IV. Discussion of the Rule

    This rule establishes a safety zone from 11 p.m. on June 3, 2022 
until 7 a.m. on August 27, 2022. It is subject to enforcement on four 
occasions: from 11 p.m. on June 3, 2022 until 7 a.m. on June 4, 2022; 
11 p.m. on June 10, 2022 until 7 a.m. on June 11, 2022; 11 p.m. on 
August 19, 2022 until 7 a.m. on August 20, 2022; and 11 p.m. on August 
26, 2022 until 7 a.m. on August 27, 2022.The safety zone will cover all 
navigable waters within a 100-yard radius of the Spokane Street Bridge 
Light List Number 16870.1. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while the Spokane Street Bridge is being inspected and 
potentially repaired. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative.

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, duration, and time-of-day of the safety zone. Vessel traffic 
will not be able to safely transit around this safety zone which would 
impact a small designated area of the Duwamish Waterway. 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

[[Page 32314]]

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.
    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 
call or email 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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone lasting 4 days that will prohibit entry within a 100-yard 
radius of the Spokane Street Bridge Light List Number 16870.1 to ensure 
the safety of all vessels navigating in the vicinity of inspection and 
repair work on the Spokane Street Bridge. 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. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T13-0353 to read as follows:


Sec.  165.T13-0353  Safety Zone; Spokane Street Bridge; Duwamish 
Waterway, Seattle, WA.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 100-yard radius of the Spokane Street Bridge Light List 
Number 16870.1 on the Duwamish Waterway to ensure the safety of all 
vessels navigating in the vicinity of inspection and repair work on the 
Spokane Street Bridge.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Puget Sound in the enforcement of the safety zone.
    (c) Regulations. In accordance with the general regulations in Part 
165, Subpart C, no persons or vessels may enter or remain in the safety 
zone in paragraph (a) of this section unless authorized by the Captain 
of the Port or their designated representative. For permission to enter 
the safety zone, contact the on-scene designated representative or 
Joint Harbor Operations Center via VHF CH16 or at 206-217-6002. Those 
in the safety zone must comply with all lawful orders or directions 
given to them by the Captain of the Port or their designated 
representative.
    (d) Enforcement periods. This section will be subject to 
enforcement from 11 p.m. on June 3, 2022 until 7 a.m. on June 4, 2022; 
11 p.m. on June 10, 2022 until 7 a.m. on June 11, 2022; 11 p.m. on 
August 19, 2022 until 7 a.m. on August 20, 2022; and 11 p.m. on August

[[Page 32315]]

26, 2022 until 7 a.m. on August 27, 2022.

    Dated: May 20, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-11264 Filed 5-27-22; 8:45 am]
BILLING CODE 9110-04-P


