Safety Zone; Duwamish River, Seattle, WA, 43685-43687 [2020-15670]
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Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Rules and Regulations
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA).
For information on the availability of
FAA Order 7400.11D at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Richard Roberts, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–2245.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code
(U.S.C.). Subtitle I, Section 106
describes the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the Agency’s authority. This
rulemaking is promulgated under the
authority described in Subtitle VII, Part
A, Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
new Class E airspace extending upward
from 700 feet above the surface of the
earth at Sleetmute Airport, Sleetmute,
AK, in support of IFR operations.
History
The FAA published a notice of
proposed rulemaking in the Federal
Register (FR) (85 FR 23931; April 30,
2020) for Docket No. FAA–2020–0359 to
establish Class E airspace at Sleetmute
Airport, Sleetmute, AK, in support of
IFR operations at the airport. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11D, dated August 8, 2019,
and effective September 15, 2019, which
is incorporated by reference in Title 14
Code of Federal Regulations (14 CFR)
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019,
VerDate Sep<11>2014
17:30 Jul 17, 2020
Jkt 250001
and effective September 15, 2019. FAA
Order 7400.11D is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Rule
The FAA is amending 14 CFR part 71
by establishing Class E airspace
extending upward from 700 feet above
the surface of the earth at Sleetmute
Airport, Sleetmute, AK. The Class E
airspace is established to within 6 miles
of the airport and 2 miles each side of
the 166° bearing from the airport
extending from the 6-mile radius to 19
miles south of the Airport. This area
provides airspace for aircraft as they
descend through 1,500 feet and support
IFR operations at Sleetmute Airport,
Sleetmute, AK.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order (E.O.) 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Frm 00005
Fmt 4700
Sfmt 4700
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AAL AK E5 Sleetmute, AK [New]
Sleetmute Airport, AK
(Lat. 61°42′02″ N, long. 157°09′57″ W)
That airspace extending upward from 700
feet above the surface within 6 miles of the
Sleetmute Airport, Sleetmute, Alaska, and
that airspace 2 miles each side of the 166 °
bearing from the airport extending from the
6-mile radius to 19 miles south of the
Sleetmute Airport.
Issued in Seattle, Washington, on July 14,
2020.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2020–15544 Filed 7–17–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Environmental Review
PO 00000
43685
33 CFR Part 165
[Docket Number USCG–2020–0110]
RIN 1625–AA00
Safety Zone; Duwamish River, Seattle,
WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
SUMMARY:
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43686
Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Rules and Regulations
navigable waters within a 100-yard
radius of the West Seattle Freeway
Bridge Light List Number 16870.2. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by inspection and repair work
on the West Seattle 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 5:30
a.m. on July 20, 2020, through 9:30 a.m.
on July 28, 2020. During this effective
period, the rule will be enforced from
5:30 a.m. to 9:30 a.m. on July 20, 2020,
July 21, 2020, July 27, 2020 and July 28,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0110 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 Ish
Looney, Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
current damaged state of the West
Seattle 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
VerDate Sep<11>2014
17:30 Jul 17, 2020
Jkt 250001
because we must establish this safety
zone by July 20, 2020.
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 West Seattle
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 Puget Sound (COTP)
has determined that potential hazards
associated with bridge repairs starting
July 20, 2020, will be a safety concern
for anyone navigating on the West
Duwamish Waterway within a 100-yard
radius of West Seattle Bridge Light List
Number 16870.2. 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 that
will be enforced from 5:30 a.m. to 9:30
a.m. on July 20, 2020, July 21, 2020, July
27, 2020 and July 28, 2020. The safety
zone will cover all navigable waters
within a 100-yard radius of the West
Seattle Freeway Bridge Light List
Number 16870.2 across the Duwamish
West Waterway at mile 0.35. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the West Seattle bridge is
being inspected and 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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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 be able to safely
transit around this safety zone which
would impact a small designated area of
the Duwamish River. 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
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
E:\FR\FM\20JYR1.SGM
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Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Rules and Regulations
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
VerDate Sep<11>2014
17:30 Jul 17, 2020
Jkt 250001
environment. This rule involves a safety
zone lasting 4 days that will prohibit
entry within a 100-yard radius of the
West Seattle Freeway Bridge Light List
Number 16870.2 to ensure the safety of
all vessels navigating in the vicinity of
inspection and repair work on the West
Seattle Bridge. It is categorically
excluded from further review under
paragraph L60(d) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1.
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
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. 0170.1.
2. Add § 165.T13–0110 to read as
follows:
■
§ 165.T13–0110 Safety Zone; Duwamish
River, Seattle, Washington.
(a) Location. The following area is a
safety zone: All navigable waters within
a 100-yard radius of the West Seattle
Freeway Bridge Light List Number
16870.2 on the Duwamish River to
ensure the safety of all vessels
navigating in the vicinity of inspection
and repair work on the West Seattle
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
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43687
enter or remain in the safety zone
created in this 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 enforced from 5:30 a.m. to 9:30
a.m. on July 20, 2020, July 21, 2020, July
27, 2020, and July 28, 2020.
Dated: July 15, 2020.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. 2020–15670 Filed 7–17–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2020–0436]
Safety Zone; Coast Guard Exercise
Area, Hood Canal, Washington
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zones surrounding vessels
involved in Coast Guard training
exercises in Hood Canal, WA, from
August 17, 2020, through August 21,
2020. This enforcement is necessary to
ensure the safety of the maritime public
and vessels near training exercises.
During the enforcement period, entry
into the safety zones is prohibited,
unless authorized by the Captain of the
Port or her Designated Representative.
DATES: The regulations in 33 CFR
165.1339 will be enforced from 8 a.m.
on August 17, 2020, through 5 p.m. on
August 21, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email CWO2
William Martinez, Sector Puget Sound
Waterways Management Division, U.S.
Coast Guard; telephone 206–217–6051,
email SectorPugetSoundWWM@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones
around vessels involved in Coast Guard
training exercises in Hood Canal, WA,
set forth in 33 CFR 165.1339, from 8
SUMMARY:
E:\FR\FM\20JYR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43685-43687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15670]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0110]
RIN 1625-AA00
Safety Zone; Duwamish River, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
[[Page 43686]]
navigable waters within a 100-yard radius of the West Seattle Freeway
Bridge Light List Number 16870.2. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by inspection and repair work on the West Seattle 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 5:30 a.m. on July 20, 2020, through
9:30 a.m. on July 28, 2020. During this effective period, the rule will
be enforced from 5:30 a.m. to 9:30 a.m. on July 20, 2020, July 21,
2020, July 27, 2020 and July 28, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0110 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 Ish 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 current damaged state of the West
Seattle 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 July 20, 2020.
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 West Seattle 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 Puget Sound
(COTP) has determined that potential hazards associated with bridge
repairs starting July 20, 2020, will be a safety concern for anyone
navigating on the West Duwamish Waterway within a 100-yard radius of
West Seattle Bridge Light List Number 16870.2. 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 that will be enforced from 5:30
a.m. to 9:30 a.m. on July 20, 2020, July 21, 2020, July 27, 2020 and
July 28, 2020. The safety zone will cover all navigable waters within a
100-yard radius of the West Seattle Freeway Bridge Light List Number
16870.2 across the Duwamish West Waterway at mile 0.35. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the West Seattle bridge is
being inspected and 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 be able to safely transit around this safety zone which would
impact a small designated area of the Duwamish River. 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 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
[[Page 43687]]
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 West Seattle Freeway Bridge Light List Number 16870.2 to
ensure the safety of all vessels navigating in the vicinity of
inspection and repair work on the West Seattle Bridge. It is
categorically excluded from further review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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. 0170.1.
0
2. Add Sec. 165.T13-0110 to read as follows:
Sec. 165.T13-0110 Safety Zone; Duwamish River, Seattle, Washington.
(a) Location. The following area is a safety zone: All navigable
waters within a 100-yard radius of the West Seattle Freeway Bridge
Light List Number 16870.2 on the Duwamish River to ensure the safety of
all vessels navigating in the vicinity of inspection and repair work on
the West Seattle 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 created in this 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 enforced from 5:30
a.m. to 9:30 a.m. on July 20, 2020, July 21, 2020, July 27, 2020, and
July 28, 2020.
Dated: July 15, 2020.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2020-15670 Filed 7-17-20; 8:45 am]
BILLING CODE 9110-04-P
