Safety Zone; South Park Bridge Construction, Lower Duwamish Waterway, Seattle, WA, 37969-37971 [2013-15098]
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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations
37969
TABLE 1
1. Vicedotcom Fireworks ..........................................................................
Pier 84, Hudson River Safety Zone
33 CFR 165.160 (5.9)
2. New York Salutes America Fireworks .................................................
Orchard Beach, the Bronx Safety Zone
33 CFR 165.160 (3.11)
Under the provisions of 33 CFR
165.160, a vessel may not enter the
regulated area unless given express
permission from the COTP or the
designated representative. Spectator
vessels may transit outside the regulated
area but may not anchor, block, loiter in,
or impede the transit of other vessels.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C. 552
(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide mariners with advanced
notification of enforcement periods via
the Local Notice to Mariners and marine
information broadcasts. If the COTP
determines that the regulated area need
not be enforced for the full duration
stated in this notice, a Broadcast Notice
to Mariners may be used to grant general
permission to enter the regulated area.
Dated: June 10, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2013–15093 Filed 6–24–13; 8:45 am]
BILLING CODE 9110–04–P
• Launch site: A barge launch located in approximate position
40°45′56.9″ N, 074°00′25.4″ W (NAD 1983), approximately 380
yards west of Pier 84, Manhattan, New York. This Safety Zone is a
360-yard radius from the barge.
• Date: June 20, 2013.
• Time: 10:00 p.m.–11:45 p.m.
• Launch site: All waters of Long Island Sound in an area bound by
the following points: 40°51′43.5″ N, 073°47′36.3″ W, thence to
40°52′12.2″ N, 073°47′13.6″ W, thence to 40°52′02.5″ N,
073°46′47.8″ W, thence to 40°51′32.3″ N, 073°47′09.9″ W (NAD
1983), thence to the point of origin.
• Date: June 28, 2013.
• Time: 8:50 p.m.–10:10 p.m.
the South Park Bridge in Seattle,
Washington for the re-construction of
the bridge. The safety zone is necessary
to ensure the safety of the maritime
public and workers involved in the
bridge construction. The safety zone
will prohibit any person or vessel from
entering or remaining in the safety zone
unless authorized by the Captain of the
Port or his Designated Representative.
This rule is effective from 7 a.m.
on July 29, 2013, to 12 p.m. on August
2, 2013.
DATES:
Documents mentioned in
this preamble are part of docket [USCG–
2013–0452]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Junior Grade Nathaniel
P. Clinger, Waterways Management
Division, Coast Guard Sector Puget
Sound, Coast Guard; telephone (206)
217–6045, email
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0452]
tkelley on DSK3SPTVN1PROD with RULES
RIN 1625–AA00
Safety Zone; South Park Bridge
Construction, Lower Duwamish
Waterway, Seattle, WA
AGENCY:
SUPPLEMENTARY INFORMATION:
ACTION:
Table of Acronyms
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone in
the lower Duwamish Waterway around
SUMMARY:
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FR Federal Register
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A. Regulatory History and 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 impracticable. The Coast
Guard did not find out about the need
for this safety zone with enough time to
issue an NPRM. Delayed promulgation
may result in injury or damage to
persons and vessels in the lower
Duwamish waterway from the hazards
associated with the bridge construction.
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
until 30 days after publication would be
impracticable and contrary to the public
interest, as this delay would eliminate
the safety zone’s effectiveness and
usefulness in protecting persons,
property, and the safe navigation of
maritime traffic during the 30-day
period.
B. Basis and Purpose
Kiewit Massman notified the Coast
Guard of its intentions to set up a bridge
leaf for the South Park Bridge
construction project, beginning on July
29, 2013. This process requires the use
of a crane mounted on a barge. The
barge will fully block the Duwamish
channel. The duration of the safety zone
for this construction is necessary to
provide construction crews the proper
time needed to fully bolt and connect
the leaf section of the bridge to the pier
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37970
Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations
prior to removing the crane mounted
barge.
C. Discussion of the Temporary Final
Rule
The Coast Guard is establishing a
safety zone encompassing all waters on
the Lower Duwamish Waterway within
250 yards of the South Park Bridge,
which is located by the following
points: 47°31′45.4″ N, 122°18′51.2″ W.
Vessels wishing to enter the zone
must request permission for entry by
contacting the Joint Harbor Operations
Center at 206–217–6001, or the on-scene
patrol craft via VHF–FM Ch 13. If
permission for entry is able to be
granted vessels must proceed at a
minimum speed for safe navigation.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This rule is not a significant
regulatory action as it is limited in size
and duration.
tkelley on DSK3SPTVN1PROD with RULES
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 rule will not have a
significant economic impact on a
substantial number of small entities.
This safety zone will not have a
significant economic impact on a
substantial number of small entities
because the zone established in this rule
is limited in size and duration.
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3. Assistance for Small Entities
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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. 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.
7. 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
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that this action is one
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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations
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 temporary safety
zone. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
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. 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
2. Add § 165.T13–249 to read as
follows:
■
§ 165.T13–249 Safety Zone; South Park
Bridge Construction, Lower Duwamish
Waterway, Seattle, WA.
(a) Location. The following area is
designated as a safety zone: All waters
on the Lower Duwamish Waterway
within 250 yards of the South Park
Bridge located by the following points:
47° 31′45.4″ N, 122° 18′51.2″ W.
(b) Regulations. In accordance with
the general regulations in 33 CFR 165,
Subpart C, vessels wishing to enter the
zone must request permission for entry
by contacting the Joint Harbor Operation
Center at 206–217–6001 or the on-scene
patrol craft on VHF–FM CH13. Once
permission for entry is granted vessels
must proceed at a minimum speed for
safe navigation.
(c) This rule is effective from 7 a.m.
on July 29, 2013, to 12 p.m. on August
2, 2013, unless cancelled sooner by the
Captain of the Port.
tkelley on DSK3SPTVN1PROD with RULES
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0482]
RIN 1625–AA87
Security Zone; Naval Exercise; Pacific
Ocean, Coronado, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
in the vicinity of Naval Anchorage 172,
offshore of Silver Strand Beach,
Coronado, CA. This security zone is to
restrict vessels to a 1000 yard exclusion
zone and a 1500 yard minimum speed
zone from an anchored naval high value
unit vessel during a Naval exercise,
which will be conducted by the United
States Navy. This temporary security
zone is necessary to protect the public
from the hazards associated with this
evolution.
SUMMARY:
Harbors, Marine Safety, Navigation
(water), Reporting and Record Keeping
Requirements, Security Measures,
Waterways.
Dated: June 4, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
DEPARTMENT OF HOMELAND
SECURITY
This rule will be enforced with
actual notice from 12:01 a.m. on June 8,
2013, until June 25, 2013. This rule is
effective in the Code of Federal
Regulations from June 25, 2013, until
11:59 p.m. on July 3, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0482]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 rule, call or
email Lieutenant John Bannon, Chief
Waterways Management, U.S. Coast
Guard Sector San Diego; Coast Guard;
telephone 619–278–7267, email
John.E.Bannon@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2013–15098 Filed 6–24–13; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS
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37971
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 an
NPRM would have been impracticable.
Logistical details surrounding this
exercise were not finalized nor
presented to the Coast Guard in time to
draft and publish an NPRM as well as
the sensitive nature of the cargo handled
and security of a national high value
unit and not alerting the public in
greater detail to the exercise dates,
times, and location.
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. An NPRM would be
impracticable and contrary to the public
interest because details of this exercise
were not known in time and immediate
action is needed to ensure public safety
due to the nature of the operation.
B. Basis and Purpose
The United States Navy will lead a
naval exercise offshore of Silver Strand,
Coronado at Naval Anchorage 172. This
temporary security zone is necessary to
ensure non-authorized vessels remain
safely away from naval operations by
keeping clear of the restricted area
during the proposed 26-day exercise.
The Naval Vessel Protection Zone
provides for security of naval vessels,
however an increased secure zone is
necessary due to the nature of the
operation. Should operations end before
the final proposed exercise date, the
temporary security will end also.
C. Discussion of the Final Rule
The Coast Guard is establishing this
temporary security zone that would be
enforced from 12:01 a.m. on June 8,
2013, through 11:59 p.m. on July 3,
2013. The limits of the security zone
will encompass all waters within a 1000
yard exclusion zone and a 1500 yard
minimum speed zone from the United
States Naval vessels. This security zone
is necessary to ensure non-authorized
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]]>Agencies
[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37969-37971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15098]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0452]
RIN 1625-AA00
Safety Zone; South Park Bridge Construction, Lower Duwamish
Waterway, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
lower Duwamish Waterway around the South Park Bridge in Seattle,
Washington for the re-construction of the bridge. The safety zone is
necessary to ensure the safety of the maritime public and workers
involved in the bridge construction. The safety zone will prohibit 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 from 7 a.m. on July 29, 2013, to 12 p.m.
on August 2, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0452]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email Lieutenant Junior Grade Nathaniel P. Clinger, Waterways
Management Division, Coast Guard Sector Puget Sound, Coast Guard;
telephone (206) 217-6045, email SectorPugetSoundWWM@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Barbara Hairston, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 impracticable. The
Coast Guard did not find out about the need for this safety zone with
enough time to issue an NPRM. Delayed promulgation may result in injury
or damage to persons and vessels in the lower Duwamish waterway from
the hazards associated with the bridge construction.
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 until
30 days after publication would be impracticable and contrary to the
public interest, as this delay would eliminate the safety zone's
effectiveness and usefulness in protecting persons, property, and the
safe navigation of maritime traffic during the 30-day period.
B. Basis and Purpose
Kiewit Massman notified the Coast Guard of its intentions to set up
a bridge leaf for the South Park Bridge construction project, beginning
on July 29, 2013. This process requires the use of a crane mounted on a
barge. The barge will fully block the Duwamish channel. The duration of
the safety zone for this construction is necessary to provide
construction crews the proper time needed to fully bolt and connect the
leaf section of the bridge to the pier
[[Page 37970]]
prior to removing the crane mounted barge.
C. Discussion of the Temporary Final Rule
The Coast Guard is establishing a safety zone encompassing all
waters on the Lower Duwamish Waterway within 250 yards of the South
Park Bridge, which is located by the following points: 47[deg]31'45.4''
N, 122[deg]18'51.2'' W.
Vessels wishing to enter the zone must request permission for entry
by contacting the Joint Harbor Operations Center at 206-217-6001, or
the on-scene patrol craft via VHF-FM Ch 13. If permission for entry is
able to be granted vessels must proceed at a minimum speed for safe
navigation.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is not a
significant regulatory action as it is limited in size and duration.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule
will not have a significant economic impact on a substantial number of
small entities. This safety zone will not have a significant economic
impact on a substantial number of small entities because the zone
established in this rule is limited in size and duration.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one
[[Page 37971]]
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 temporary safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination 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 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; 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.T13-249 to read as follows:
Sec. 165.T13-249 Safety Zone; South Park Bridge Construction, Lower
Duwamish Waterway, Seattle, WA.
(a) Location. The following area is designated as a safety zone:
All waters on the Lower Duwamish Waterway within 250 yards of the South
Park Bridge located by the following points: 47[deg] 31'45.4'' N,
122[deg] 18'51.2'' W.
(b) Regulations. In accordance with the general regulations in 33
CFR 165, Subpart C, vessels wishing to enter the zone must request
permission for entry by contacting the Joint Harbor Operation Center at
206-217-6001 or the on-scene patrol craft on VHF-FM CH13. Once
permission for entry is granted vessels must proceed at a minimum speed
for safe navigation.
(c) This rule is effective from 7 a.m. on July 29, 2013, to 12 p.m.
on August 2, 2013, unless cancelled sooner by the Captain of the Port.
Dated: June 4, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-15098 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P
