Safety Zone; Potential Unexploded Ordnance, Pier 91, Seattle, WA, 81467-81469 [2010-32543]
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
Regulatory Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–1098]
RIN 1625–AA00
Safety Zone; Potential Unexploded
Ordnance, Pier 91, Seattle, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
encompassing all waters within 100
yards of Pier 90/91 between terminal 89
and the Elliott Bay Marina Breakwater
on Elliott Bay in Seattle, Washington.
The safety zone is necessary to help
ensure the safety of the maritime public
due to discarded military munitions
discovered in close proximity to Pier 91
and will do so by prohibiting 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 in the CFR
on December 28, 2010 through April 15,
2011. This rule is effective with actual
notice for purposes of enforcement
starting at 12:01 a.m. on December 14,
2010. This rule will remain in effect
through 11:59 p.m. on April 15, 2011,
unless canceled sooner by the Captain
of the Port.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
1098 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–1098 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 LTJG Ashley Wanzer,
Waterways Management Division, Coast
Guard Sector Puget Sound; telephone
206–217–6175, e-mail
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with RULES
SUMMARY:
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18:14 Dec 27, 2010
Jkt 223001
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
(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 to do
so would be contrary to public interest
since immediate action is necessary to
ensure the safety of the maritime public
during the removal of these military
munitions.
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 because to do otherwise would
be contrary to public interest since
immediate action is necessary to ensure
the safety of the maritime public during
the removal of these military munitions.
Basis and Purpose
From April to October 2010, the Port
of Seattle discovered discarded military
munitions while conducting required
routine security dives around pier 90/91
prior to cruise ship arrivals. On eight
occasions, divers discovered munitions
that date back decades to when the
facility was used by the military. Each
time, after the items were removed, the
Navy and/or Coast Guard determined
there was no imminent threat for
tenants, cruise terminal operations, and
all other commercial vessel operations
who utilize the facility. Port police
continued to perform routine dives
throughout the summer during cruise
season.
The U.S. Army Corps of Engineers has
designated Pier 90 and 91 as a Formerly
Used Defense Site (FUDS) and has
assumed responsibility for removal of
discarded military munitions from this
area.
Discussion of Rule
The safety zone created by this rule
encompasses all waters within 100
yards of Pier 90/91 between terminal 89
and the Elliott Bay Marina Breakwater
on Elliott Bay in Seattle, Washington.
The safety zone can also be described as
all waters shoreward of a line extending
from Elliot Bay Marina Breakwater at
47–37.646N, 122–23.227W then
southeasterly to 47–37.537N, 122–
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Fmt 4700
Sfmt 4700
81467
23.015W then east to 47–37.537N, 122–
22.767W then northeasterly to 47–
37.611N, 122–22.678W. Entry into the
safety zone by any person or vessel is
prohibited unless authorized by the
Captain of the Port or designated
representative.
The Army Corps of Engineers is
authorized under the authority of the
FUDS program to conduct site
investigation and time-critical removal
action of the submerged munitions at
Piers 90 and 91. Therefore, authorized
survey operations and contracted divers
will be allowed to perform duties
associated with the planned
ammunition removal during the
enforcement of this rule.
The safety zone will be enforced by
U.S. Coast Guard personnel. The
Captain of the Port may be assisted by
other Federal, State, or local agencies as
needed.
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. The Coast Guard has made this
finding based on the fact that the safety
zone created by this rule is limited in
time and duration. Also, maritime traffic
can transit around the zone.
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 safety
zone during periods of enforcement.
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
The rule will not have a significant
economic impact on a substantial
number of small entities, however,
because the safety zone created by the
rule is limited in time and duration, and
maritime traffic can transit around the
zone.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
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.
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.
srobinson on DSKHWCL6B1PROD with RULES
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.
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18:14 Dec 27, 2010
Jkt 223001
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
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Frm 00098
Fmt 4700
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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 that 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 Commandant Instruction
from further environmental
documentation. This rule involves the
establishment of a safety zone.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination will be made
available in the docket.
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
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapters 701, 3306, 3707; 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
2. Add § 165.T13–171 to read as
follows:
■
§ 165.T13–171 Safety Zone; Potential
Unexploded Ordinance, Pier 91, Seattle, WA
(a) Location. The following area is a
safety zone: All waters shoreward of a
line extending from Elliott Bay Marina
Breakwater at 47–37.646N, 122–
23.227W then southeasterly to 47–
37.537N, 122–23.015W then east to 47–
37.537N, 122–22.767W then
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
northeasterly to 47–37.611N, 122–
22.678W.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no person may enter or
remain in the safety zone created in this
section or bring, cause to be brought, or
allow to remain in the safety zone
created in this section any vehicle,
vessel, or object unless authorized by
the Captain of the Port or designated
representative. Designated
representatives are Coast Guard
personnel authorized by the Captain of
the Port to grant persons or vessels
permission to enter or remain in the
safety zone created by this section. See
33 CFR part 165, subpart C, for
additional information and
requirements.
(c) Enforcement Period. The safety
zone created in this section is effective
from 12:01 a.m. on December 14, 2010
until 11:59 p.m. on April 15, 2011
unless canceled sooner by the Captain
of the Port.
Dated: December 10, 2010.
S.J. Ferguson,
Captain, U. S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2010–32543 Filed 12–27–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–1082]
RIN 1625–AA00
Safety Zone; Allegheny River,
Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
extending the entire width of the river
between mile markers 0.6 and 0.8 on the
Allegheny River. The safety zone is
needed to protect the public from the
hazards associated with the First Night
Pittsburgh fireworks display. Entry into,
movement within, and departure from
this Coast Guard safety zone, while it is
activated and enforced, is prohibited,
unless authorized by the Captain of the
Port or a designated representative.
DATES: This rule is effective from 5:30
p.m. until 6:45 p.m. on December 31,
2010.
srobinson on DSKHWCL6B1PROD with RULES
SUMMARY:
Documents indicated in this
preamble as being available in the
ADDRESSES:
VerDate Mar<15>2010
18:14 Dec 27, 2010
Jkt 223001
docket are part of docket USCG–2010–
1082 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–1082 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 Ensign Robyn
Hoskins, Marine Safety Unit Pittsburgh,
Coast Guard; telephone 412–644–5808,
e-mail Robyn.G.Hoskins@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
(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. Publishing a
NPRM would be impracticable because
immediate action is needed to protect
the public due to the First Night
Pittsburgh fireworks display that will
occur in the city of Pittsburgh, PA.
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. Publishing an NPRM and
delaying its effective date would be
impracticable based on the short notice
received for the event and the short
period that the safety zone will be in
place. Immediate action is needed to
provide safety and protection during the
First Night Pittsburgh fireworks display
that will occur in the city of Pittsburgh,
PA.
Background and Purpose
The First Night Pittsburgh fireworks
display is scheduled to take place on
December 31, 2010, on the Allegheny
River. A safety zone is needed to protect
the public from the hazards associated
with the fireworks display.
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81469
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone extending the
entire width of the river between mile
markers 0.6 and 0.8 on the Allegheny
River. Vessels shall not enter into,
depart from, or move within this safety
zone without permission from the
Captain of the Port Pittsburgh or his
authorized representative. Persons or
vessels requiring entry into or passage
through a safety zone must request
permission from the Captain of the Port
Pittsburgh, or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1–800–253–7465. This rule will be
effective from 5:30 p.m. to 6:45 p.m. on
December 31, 2010. The Captain of the
Port Pittsburgh will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
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.
This rule will be in effect for a short
period of time and notifications to the
marine community will be made
through broadcast notices to mariners.
The impacts on routine navigation are
expected to be minimal.
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.
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]]>Agencies
[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81467-81469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32543]
[[Page 81467]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1098]
RIN 1625-AA00
Safety Zone; Potential Unexploded Ordnance, Pier 91, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing all waters within 100 yards of Pier 90/91 between terminal
89 and the Elliott Bay Marina Breakwater on Elliott Bay in Seattle,
Washington. The safety zone is necessary to help ensure the safety of
the maritime public due to discarded military munitions discovered in
close proximity to Pier 91 and will do so by prohibiting 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 in the CFR on December 28, 2010 through
April 15, 2011. This rule is effective with actual notice for purposes
of enforcement starting at 12:01 a.m. on December 14, 2010. This rule
will remain in effect through 11:59 p.m. on April 15, 2011, unless
canceled sooner by the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1098 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-1098 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 LTJG Ashley Wanzer, Waterways Management
Division, Coast Guard Sector Puget Sound; telephone 206-217-6175, e-
mail SectorPugetSoundWWM@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 (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 to do so would be contrary to public
interest since immediate action is necessary to ensure the safety of
the maritime public during the removal of these military munitions.
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 because to do otherwise would be
contrary to public interest since immediate action is necessary to
ensure the safety of the maritime public during the removal of these
military munitions.
Basis and Purpose
From April to October 2010, the Port of Seattle discovered
discarded military munitions while conducting required routine security
dives around pier 90/91 prior to cruise ship arrivals. On eight
occasions, divers discovered munitions that date back decades to when
the facility was used by the military. Each time, after the items were
removed, the Navy and/or Coast Guard determined there was no imminent
threat for tenants, cruise terminal operations, and all other
commercial vessel operations who utilize the facility. Port police
continued to perform routine dives throughout the summer during cruise
season.
The U.S. Army Corps of Engineers has designated Pier 90 and 91 as a
Formerly Used Defense Site (FUDS) and has assumed responsibility for
removal of discarded military munitions from this area.
Discussion of Rule
The safety zone created by this rule encompasses all waters within
100 yards of Pier 90/91 between terminal 89 and the Elliott Bay Marina
Breakwater on Elliott Bay in Seattle, Washington. The safety zone can
also be described as all waters shoreward of a line extending from
Elliot Bay Marina Breakwater at 47-37.646N, 122-23.227W then
southeasterly to 47-37.537N, 122-23.015W then east to 47-37.537N, 122-
22.767W then northeasterly to 47-37.611N, 122-22.678W. Entry into the
safety zone by any person or vessel is prohibited unless authorized by
the Captain of the Port or designated representative.
The Army Corps of Engineers is authorized under the authority of
the FUDS program to conduct site investigation and time-critical
removal action of the submerged munitions at Piers 90 and 91.
Therefore, authorized survey operations and contracted divers will be
allowed to perform duties associated with the planned ammunition
removal during the enforcement of this rule.
The safety zone will be enforced by U.S. Coast Guard personnel. The
Captain of the Port may be assisted by other Federal, State, or local
agencies as needed.
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. The Coast Guard has made this finding
based on the fact that the safety zone created by this rule is limited
in time and duration. Also, maritime traffic can transit around the
zone.
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 safety zone during periods of enforcement.
[[Page 81468]]
The rule will not have a significant economic impact on a substantial
number of small entities, however, because the safety zone created by
the rule is limited in time and duration, and maritime traffic can
transit around the zone.
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 (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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and 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 that 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 Commandant Instruction from further environmental documentation.
This rule involves the establishment of a safety zone.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination will be made available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3707; 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.T13-171 to read as follows:
Sec. 165.T13-171 Safety Zone; Potential Unexploded Ordinance, Pier
91, Seattle, WA
(a) Location. The following area is a safety zone: All waters
shoreward of a line extending from Elliott Bay Marina Breakwater at 47-
37.646N, 122-23.227W then southeasterly to 47-37.537N, 122-23.015W then
east to 47-37.537N, 122-22.767W then
[[Page 81469]]
northeasterly to 47-37.611N, 122-22.678W.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or designated
representative. Designated representatives are Coast Guard personnel
authorized by the Captain of the Port to grant persons or vessels
permission to enter or remain in the safety zone created by this
section. See 33 CFR part 165, subpart C, for additional information and
requirements.
(c) Enforcement Period. The safety zone created in this section is
effective from 12:01 a.m. on December 14, 2010 until 11:59 p.m. on
April 15, 2011 unless canceled sooner by the Captain of the Port.
Dated: December 10, 2010.
S.J. Ferguson,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-32543 Filed 12-27-10; 8:45 am]
BILLING CODE 9110-04-P
