80_FR_56569 80 FR 56388 - Safety Zone; 520 Bridge Construction, Lake Washington, Seattle, WA

80 FR 56388 - Safety Zone; 520 Bridge Construction, Lake Washington, Seattle, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56388-56390
FR Document2015-23526

The Coast Guard is establishing a temporary safety zone on Lake Washington around the east span of the 520 Bridge in Seattle, Washington due to ongoing construction. The safety zone is necessary to ensure the safety of the maritime public and workers involved in the bridge construction when construction barges are located in the east span of the bridge. 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.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56388-56390]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23526]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0570]
RIN 1625-AA00


Safety Zone; 520 Bridge Construction, Lake Washington, Seattle, 
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Washington around the east span of the 520 Bridge in Seattle, 
Washington due to ongoing construction. The safety zone is necessary to 
ensure the safety of the maritime public and workers involved in the 
bridge construction when construction barges are located in the east 
span of the bridge. 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 without actual notice from September 18, 
2015 through October 5, 2015. For the purposes of enforcement, actual 
notice will be used from September 5, 2015 until September 18, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0570 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. 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 Ryan Griffin, Waterways Management Division, Coast Guard 
Sector Puget Sound; telephone (206) 217-6051, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations

[[Page 56389]]

DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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 exists as notice would be impracticable due 
to the unexpected construction delays. It would be impracticable to 
publish an NPRM as the safety zone must be in effect by September 5, 
2015
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it 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 the 
construction of the east span of the 520 Bridge.

III. Legal Authority and Need for Rule

    Ongoing construction on the 520 Bridge in Seattle, Washington is 
creating hazardous conditions around the construction. A safety zone is 
necessary to ensure the safety of the maritime public and workers 
involved in the bridge construction when construction barges are 
located in the east span of the bridge. As construction was originally 
intended to be completed by September, a temporary final rule was 
established on June 22, 2015 through September 4, 2015 to protect the 
construction personal, maritime public, and the marine environment 
around the east span of the 520 bridge during times of construction 
operations (see 80 FR 38944, July 8, 2015). However, as construction 
has needed to continue, a new safety zone is needed to ensure safety.
    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Puget sound (COTP) has determined that 
potential hazards associated with bridge construction starting 
September 5, 2015 will be a safety concern for anyone within a 100-yard 
radius of the 520 Bridge east span construction operations. 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 
repaired.

IV. Discussion of the Rule

    The safety zone established in this rule encompasses all waters 
within 100 yards of the east span of the 520 Bridge, located on Lake 
Washington and is effective from September 5, 2015 through October 2, 
2015 when a construction barge is present in the safety zone. Vessels 
wishing to enter the safety zone must request permission to do so from 
the Captain of the Port by contacting the Joint Harbor Operations 
Center at 206-217-6001 or VHF Channel 16. If permission for entry is 
granted, vessels must proceed at a minimum speed for safe navigation.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

1. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This rule is not a significant regulatory action as the safety zone 
established by it is both limited in size and duration and there is an 
alternative route for vessels with an air draft that permits safe 
passage under the west span of the bridge.

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 rule will affect the following entities, some of 
which may be small entities: Owners or operators of vessels intending 
to transit the safety zone. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the reasons stated under paragraph D.1., Regulatory Planning and 
Review.

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.

[[Page 56390]]

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 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 of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves implementation of regulations within 33 
CFR part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessel traffic from transiting the 
Indian River Bay along the shoreline of Long Neck, Delaware, in order 
to protect the safety of life and property on the waters for the 
duration of the fireworks display. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T13-290 to read as follows:


Sec.  165.T13-290  Safety Zone; 520 Bridge, Lake Washington; Seattle, 
WA.

    (a) Location. The following area is designated as a safety zone: 
All waters within 100 yards of the east span of the 520 Bridge located 
on Lake Washington in Seattle, Washington.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part, no person may enter the safety zone or bring or 
cause to be brought any vessel into the safety zone without permission 
of the Captain of the Port. Persons wishing to enter the safety zone 
must request permission from the Captain of the Port by contacting the 
Joint Harbor Operation Center at 206-217-6001 or VHF Channel 16. If 
permission for entry is granted, vessels must proceed at a minimum 
speed for safe navigation.
    (c) Dates. This rule is effective from September 5, 2015 through 
October 2, 2015 when a construction barge is present inside the safety 
zone.

    Dated: September 3, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2015-23526 Filed 9-17-15; 8:45 am]
BILLING CODE 9110-04-P



                                            56388            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            Children from Environmental Health                      PART 165—REGULATED NAVIGATION                         DEPARTMENT OF HOMELAND
                                            Risks and Safety Risks. This rule is not                AREAS AND LIMITED ACCESS AREAS                        SECURITY
                                            an economically significant rule and
                                            does not create an environmental risk to                ■ 1. The authority citation for part 165              Coast Guard
                                            health or risk to safety that may                       continues to read as follows:
                                            disproportionately affect children.                                                                           33 CFR Part 165
                                                                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            11. Indian Tribal Governments                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             [Docket Number USCG–2015–0570]
                                               This rule does not have tribal                       Department of Homeland Security Delegation            RIN 1625–AA00
                                            implications under Executive Order                      No. 0170.1.
                                            13175, Consultation and Coordination                    ■ 2. Section 165.T09–0833 is added to                 Safety Zone; 520 Bridge Construction,
                                            with Indian Tribal Governments,                         read as follows:                                      Lake Washington, Seattle, WA
                                            because it does not have a substantial
                                            direct effect on one or more Indian                                                                           AGENCY:     Coast Guard, DHS.
                                                                                                    § 165.T09–0833 Safety Zone; Saint-Gobain
                                            tribes, on the relationship between the                 Performance Plastics Celebration                      ACTION:    Temporary final rule.
                                            Federal Government and Indian tribes,                   Fireworks, Lake Erie; Cleveland, OH.
                                                                                                                                                          SUMMARY:   The Coast Guard is
                                            or on the distribution of power and
                                                                                                      (a) Location. This zone will                        establishing a temporary safety zone on
                                            responsibilities between the Federal
                                                                                                    encompass all waters of Lake Erie;                    Lake Washington around the east span
                                            Government and Indian tribes.
                                                                                                    Cleveland, OH within a 280-foot radius                of the 520 Bridge in Seattle, Washington
                                            12. Energy Effects                                      of position 41°30′34.23″ N. and                       due to ongoing construction. The safety
                                              This action is not a ‘‘significant                    81°41′56.3″ W. (NAD 83).                              zone is necessary to ensure the safety of
                                            energy action’’ under Executive Order                     (b) Effective and Enforcement Period.               the maritime public and workers
                                            13211, Actions Concerning Regulations                                                                         involved in the bridge construction
                                                                                                    This regulation is effective and will be
                                            That Significantly Affect Energy Supply,                                                                      when construction barges are located in
                                                                                                    enforced on September 19, 2015 from
                                            Distribution, or Use.                                                                                         the east span of the bridge. The safety
                                                                                                    9:15 p.m. until 10:05 p.m.                            zone will prohibit any person or vessel
                                            13. Technical Standards                                   (c) Regulations. (1) In accordance with             from entering or remaining in the safety
                                              This rule does not use technical                      the general regulations in § 165.23 of                zone unless authorized by the Captain
                                            standards. Therefore, we did not                        this part, entry into, transiting, or                 of the Port or his Designated
                                            consider the use of voluntary consensus                 anchoring within this safety zone is                  Representative.
                                            standards.                                              prohibited unless authorized by the                   DATES:  This rule is effective without
                                                                                                    Captain of the Port Buffalo or his                    actual notice from September 18, 2015
                                            14. Environment
                                                                                                    designated on-scene representative.                   through October 5, 2015. For the
                                               We have analyzed this rule under
                                                                                                      (2) This safety zone is closed to all               purposes of enforcement, actual notice
                                            Department of Homeland Security
                                                                                                    vessel traffic, except as may be                      will be used from September 5, 2015
                                            Management Directive 023–01 and
                                                                                                    permitted by the Captain of the Port                  until September 18, 2015.
                                            Commandant Instruction M16475.lD,
                                            which guide the Coast Guard in                          Buffalo or his designated on-scene                    ADDRESSES: To view documents
                                            complying with the National                             representative.                                       mentioned in this preamble as being
                                            Environmental Policy Act of 1969                          (3) The ‘‘on-scene representative’’ of              available in the docket, go to http://
                                            (NEPA) (42 U.S.C. 4321–4370f), and                      the Captain of the Port Buffalo is any                www.regulations.gov, type USCG–2015–
                                            have determined that this action is one                 Coast Guard commissioned, warrant or                  0570 in the ‘‘SEARCH’’ box and click
                                            of a category of actions that do not                    petty officer who has been designated                 ‘‘SEARCH.’’ Click on Open Docket
                                            individually or cumulatively have a                                                                           Folder on the line associated with this
                                                                                                    by the Captain of the Port Buffalo to act
                                            significant effect on the human                                                                               rule. You may also visit the Docket
                                                                                                    on his behalf.
                                            environment. This rule involves the                                                                           Management Facility in Room W12–140
                                            establishment of a safety zone and,                       (4) Vessel operators desiring to enter              on the ground floor of the Department
                                            therefore it is categorically excluded                  or operate within the safety zone shall               of Transportation West Building, 1200
                                            from further review under paragraph                     contact the Captain of the Port Buffalo               New Jersey Avenue SE., Washington,
                                            34(g) of Figure 2–1 of the Commandant                   or his on-scene representative to obtain              DC 20590, between 9 a.m. and 5 p.m.,
                                            Instruction. An environmental analysis                  permission to do so. The Captain of the               Monday through Friday, except Federal
                                            checklist supporting this determination                 Port Buffalo or his on-scene                          holidays.
                                            and a Categorical Exclusion                             representative may be contacted via                   FOR FURTHER INFORMATION CONTACT: If
                                            Determination are available in the                      VHF Channel 16. Vessel operators given                you have questions on this rule, call or
                                            docket where indicated under                            permission to enter or operate in the                 email Ryan Griffin, Waterways
                                            ADDRESSES. We seek any comments or                      safety zone must comply with all                      Management Division, Coast Guard
                                            information that may lead to the                        directions given to them by the Captain               Sector Puget Sound; telephone (206)
                                            discovery of a significant environmental                of the Port Buffalo, or his on-scene                  217–6051, email
                                            impact from this rule.                                  representative.                                       SectorPugetSoundWWM@uscg.mil. If
                                                                                                                                                          you have questions on viewing or
                                            List of Subjects in 33 CFR Part 165                       Dated: August 27, 2015.
                                                                                                                                                          submitting material to the docket, call
                                              Harbors, Marine safety, Navigation                    B. W. Roche,                                          Ms. Cheryl Collins, Program Manager,
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                                            (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard, Captain of the             Docket Operations, telephone 202–366–
                                            requirements, Security measures,                        Port Buffalo.                                         9826.
                                            Waterways.                                              [FR Doc. 2015–23536 Filed 9–17–15; 8:45 am]           SUPPLEMENTARY INFORMATION:
                                              For the reasons discussed in the                      BILLING CODE 9110–04–P
                                            preamble, the Coast Guard amends 33                                                                           I. Table of Abbreviations
                                            CFR part 165 as follows:                                                                                      CFR      Code of Federal Regulations



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                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                       56389

                                            DHS Department of Homeland Security                     starting September 5, 2015 will be a                  with populations of less than 50,000.
                                            E.O. Executive order                                    safety concern for anyone within a 100-               The Coast Guard certifies under 5 U.S.C.
                                            FR Federal Register                                     yard radius of the 520 Bridge east span               605(b) that this rule will not have a
                                            NPRM Notice of proposed rulemaking
                                            Pub. L. Public Law
                                                                                                    construction operations. This rule is                 significant economic impact on a
                                            § Section                                               needed to protect personnel, vessels,                 substantial number of small entities.
                                            U.S.C. United States Code                               and the marine environment in the                     This rule will affect the following
                                                                                                    navigable waters within the safety zone               entities, some of which may be small
                                            II. Background Information and                          while the bridge is being repaired.                   entities: Owners or operators of vessels
                                            Regulatory History                                                                                            intending to transit the safety zone. This
                                                                                                    IV. Discussion of the Rule
                                               The Coast Guard is issuing this                                                                            safety zone will not have a significant
                                            temporary rule without prior notice and                    The safety zone established in this                economic impact on a substantial
                                            opportunity to comment pursuant to                      rule encompasses all waters within 100                number of small entities for the reasons
                                            authority under section 4(a) of the                     yards of the east span of the 520 Bridge,             stated under paragraph D.1., Regulatory
                                            Administrative Procedure Act (APA) (5                   located on Lake Washington and is                     Planning and Review.
                                            U.S.C. 553(b)). This provision                          effective from September 5, 2015
                                            authorizes an agency to issue a rule                    through October 2, 2015 when a                        3. Assistance for Small Entities
                                            without prior notice and opportunity to                 construction barge is present in the                     Under section 213(a) of the Small
                                            comment when the agency for good                        safety zone. Vessels wishing to enter the             Business Regulatory Enforcement
                                            cause finds that those procedures are                   safety zone must request permission to                Fairness Act of 1996 (Pub. L. 104–121),
                                            ‘‘impracticable, unnecessary, or contrary               do so from the Captain of the Port by                 we want to assist small entities in
                                            to the public interest.’’ Under 5 U.S.C.                contacting the Joint Harbor Operations                understanding this rule. If the rule
                                            553(b)(B), the Coast Guard finds that                   Center at 206–217–6001 or VHF                         would affect your small business,
                                            good cause exists for not publishing a                  Channel 16. If permission for entry is                organization, or governmental
                                            notice of proposed rulemaking (NPRM)                    granted, vessels must proceed at a                    jurisdiction and you have questions
                                            with respect to this rule exists as notice              minimum speed for safe navigation.                    concerning its provisions or options for
                                            would be impracticable due to the                                                                             compliance, please contact the person
                                                                                                    V. Regulatory Analyses
                                            unexpected construction delays. It                                                                            listed in the FOR FURTHER INFORMATION
                                            would be impracticable to publish an                      We developed this rule after                        CONTACT, above.
                                            NPRM as the safety zone must be in                      considering numerous statutes and                        Small businesses may send comments
                                            effect by September 5, 2015                             executive orders (E.O.s) related to                   on the actions of Federal employees
                                               We are issuing this rule, and under 5                rulemaking. Below we summarize our                    who enforce, or otherwise determine
                                            U.S.C. 553(d)(3), the Coast Guard finds                 analyses based on a number of these                   compliance with, Federal regulations to
                                            that good cause exists for making it                    statutes and E.O.s, and we discuss First              the Small Business and Agriculture
                                            effective less than 30 days after                       Amendment rights of protestors.                       Regulatory Enforcement Ombudsman
                                            publication in the Federal Register.                                                                          and the Regional Small Business
                                                                                                    1. Regulatory Planning and Review
                                            Delaying the effective date of this rule                                                                      Regulatory Fairness Boards. The
                                            would be impracticable because                             E.O.s 12866 and 13563 direct agencies              Ombudsman evaluates these actions
                                            immediate action is needed to respond                   to assess the costs and benefits of                   annually and rates each agency’s
                                            to the potential safety hazards                         available regulatory alternatives and, if             responsiveness to small business. If you
                                            associated with the construction of the                 regulation is necessary, to select                    wish to comment on actions by
                                            east span of the 520 Bridge.                            regulatory approaches that maximize                   employees of the Coast Guard, call 1–
                                                                                                    net benefits. E.O. 13563 emphasizes the               888–REG–FAIR (1–888–734–3247). The
                                            III. Legal Authority and Need for Rule                  importance of quantifying both costs                  Coast Guard will not retaliate against
                                               Ongoing construction on the 520                      and benefits, of reducing costs, of                   small entities that question or complain
                                            Bridge in Seattle, Washington is creating               harmonizing rules, and of promoting                   about this rule or any policy or action
                                            hazardous conditions around the                         flexibility. This rule has not been                   of the Coast Guard.
                                            construction. A safety zone is necessary                designated a ‘‘significant regulatory
                                            to ensure the safety of the maritime                    action,’’ under E.O. 12866. Accordingly,              4. Collection of Information
                                            public and workers involved in the                      it has not been reviewed by the Office                   This rule will not call for a new
                                            bridge construction when construction                   of Management and Budget.                             collection of information under the
                                            barges are located in the east span of the                 This rule is not a significant                     Paperwork Reduction Act of 1995 (44
                                            bridge. As construction was originally                  regulatory action as the safety zone                  U.S.C. 3501–3520).
                                            intended to be completed by September,                  established by it is both limited in size
                                            a temporary final rule was established                  and duration and there is an alternative              5. Federalism
                                            on June 22, 2015 through September 4,                   route for vessels with an air draft that                 A rule has implications for federalism
                                            2015 to protect the construction                        permits safe passage under the west                   under Executive Order 13132,
                                            personal, maritime public, and the                      span of the bridge.                                   Federalism, if it has a substantial direct
                                            marine environment around the east                                                                            effect on the States, on the relationship
                                            span of the 520 bridge during times of                  2. Impact on Small Entities
                                                                                                                                                          between the national government and
                                            construction operations (see 80 FR                         The Regulatory Flexibility Act of 1980             the States, or on the distribution of
                                            38944, July 8, 2015). However, as                       (RFA), 5 U.S.C. 601–612, as amended,                  power and responsibilities among the
                                            construction has needed to continue, a                  requires federal agencies to consider the             various levels of government. We have
                                            new safety zone is needed to ensure                     potential impact of regulations on small              analyzed this rule under that Order and
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                                            safety.                                                 entities during rulemaking. The term                  determined that this rule does not have
                                               The Coast Guard is issuing this rule                 ‘‘small entities’’ comprises small                    implications for federalism.
                                            under authority in 33 U.S.C. 1231. The                  businesses, not-for-profit organizations
                                            Captain of the Port Puget sound (COTP)                  that are independently owned and                      6. Protest Activities
                                            has determined that potential hazards                   operated and are not dominant in their                   The Coast Guard respects the First
                                            associated with bridge construction                     fields, and governmental jurisdictions                Amendment rights of protesters.


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                                            56390            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            Protesters are asked to contact the                     13. Technical Standards                               520 Bridge located on Lake Washington
                                            person listed in the FOR FURTHER                          This rule does not use technical                    in Seattle, Washington.
                                            INFORMATION CONTACT section to                                                                                  (b) Regulations. In accordance with
                                                                                                    standards. Therefore, we did not
                                            coordinate protest activities so that your                                                                    the general regulations in subpart C of
                                                                                                    consider the use of voluntary consensus
                                            message can be received without                                                                               this part, no person may enter the safety
                                                                                                    standards.
                                            jeopardizing the safety or security of                                                                        zone or bring or cause to be brought any
                                            people, places or vessels.                              14. Environment                                       vessel into the safety zone without
                                                                                                       We have analyzed this rule under                   permission of the Captain of the Port.
                                            7. Unfunded Mandates Reform Act                                                                               Persons wishing to enter the safety zone
                                                                                                    Department of Homeland Security
                                              The Unfunded Mandates Reform Act                      Management Directive 023–01 and                       must request permission from the
                                            of 1995 (2 U.S.C. 1531–1538) requires                   Commandant Instruction M16475.lD,                     Captain of the Port by contacting the
                                            Federal agencies to assess the effects of               which guide the Coast Guard in                        Joint Harbor Operation Center at 206–
                                            their discretionary regulatory actions. In              complying with the National                           217–6001 or VHF Channel 16. If
                                            particular, the Act addresses actions                   Environmental Policy Act of 1969                      permission for entry is granted, vessels
                                            that may result in the expenditure by a                 (NEPA) (42 U.S.C. 4321–4370f), and                    must proceed at a minimum speed for
                                            State, local, or tribal government, in the              have determined that this action is one               safe navigation.
                                            aggregate, or by the private sector of                  of a category of actions that do not                    (c) Dates. This rule is effective from
                                            $100,000,000 (adjusted for inflation) or                individually or cumulatively have a                   September 5, 2015 through October 2,
                                            more in any one year. Though this rule                  significant effect on the human                       2015 when a construction barge is
                                            will not result in such expenditure, we                 environment. This rule involves                       present inside the safety zone.
                                            do discuss the effects of this rule                     implementation of regulations within 33                 Dated: September 3, 2015.
                                            elsewhere in this preamble.                             CFR part 165, applicable to safety zones              M.W. Raymond,
                                            8. Taking of Private Property                           on the navigable waterways. This zone                 Captain, U.S. Coast Guard, Captain of the
                                                                                                    will temporarily restrict vessel traffic              Port Puget Sound.
                                              This rule will not cause a taking of                  from transiting the Indian River Bay                  [FR Doc. 2015–23526 Filed 9–17–15; 8:45 am]
                                            private property or otherwise have                      along the shoreline of Long Neck,                     BILLING CODE 9110–04–P
                                            taking implications under Executive                     Delaware, in order to protect the safety
                                            Order 12630, Governmental Actions and                   of life and property on the waters for the
                                            Interference with Constitutionally                      duration of the fireworks display. This               ENVIRONMENTAL PROTECTION
                                            Protected Property Rights.                              rule is categorically excluded from                   AGENCY
                                                                                                    further review under paragraph 34(g) of
                                            9. Civil Justice Reform                                 Figure 2–1 of the Commandant                          40 CFR Part 62
                                              This rule meets applicable standards                  Instruction. A preliminary
                                                                                                                                                          [EPA–R07–OAR–2015–0514; FRL–9933–97–
                                            in sections 3(a) and 3(b)(2) of Executive               environmental analysis checklist                      Region 7]
                                            Order 12988, Civil Justice Reform, to                   supporting this determination and a
                                            minimize litigation, eliminate                          Categorical Exclusion Determination are               Approval and Promulgation of Air
                                            ambiguity, and reduce burden.                           available in the docket where indicated               Quality Implementation Plans for
                                                                                                    under ADDRESSES. We seek any                          Designated Facilities and Pollutants;
                                            10. Protection of Children                              comments or information that may lead                 Missouri; Commercial and Industrial
                                                                                                    to the discovery of a significant                     Solid Waste Incineration (CISWI) Units
                                              We have analyzed this rule under
                                                                                                    environmental impact from this rule.
                                            Executive Order 13045, Protection of                                                                          AGENCY: Environmental Protection
                                            Children from Environmental Health                      List of Subjects in 33 CFR Part 165                   Agency.
                                            Risks and Safety Risks. This rule is not                  Harbors, Marine safety, Navigation                  ACTION: Direct final rule.
                                            an economically significant rule and                    (water), Reporting and recordkeeping
                                            does not create an environmental risk to                requirements, Security measures,                      SUMMARY:   The Environmental Protection
                                            health or risk to safety that may                       Waterways.                                            Agency (EPA) is taking direct final
                                            disproportionately affect children.                                                                           action to approve revisions to the state
                                                                                                      For the reasons discussed in the                    plan for designated facilities and
                                            11. Indian Tribal Governments                           preamble, the Coast Guard amends 33                   pollutants developed under sections
                                                                                                    CFR part 165 as follows:                              111(d) and 129 of the Clean Air Act for
                                               This rule does not have tribal
                                            implications under Executive Order                      PART 165—REGULATED NAVIGATION                         the State of Missouri. This direct final
                                            13175, Consultation and Coordination                    AREAS AND LIMITED ACCESS AREAS                        action will amend the state plan to
                                            with Indian Tribal Governments,                                                                               include a new plan and associated rule
                                            because it does not have a substantial                  ■ 1. The authority citation for part 165              implementing the emissions guidelines
                                            direct effect on one or more Indian                     continues to read as follows:                         for Commercial and Industrial Solid
                                            tribes, on the relationship between the                                                                       Waste Incineration (CISWI) Units.
                                                                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            Federal Government and Indian tribes,                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             DATES: This direct final rule will be
                                            or on the distribution of power and                     Department of Homeland Security Delegation            effective November 17, 2015, without
                                            responsibilities between the Federal                    No. 0170.1.                                           further notice, unless EPA receives
                                            Government and Indian tribes.                                                                                 adverse comment by October 19, 2015.
                                                                                                    ■ 2. Add § 165.T13–290 to read as
                                            12. Energy Effects                                                                                            If EPA receives adverse comment, we
                                                                                                    follows:
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                                                                          will publish a timely withdrawal of the
                                              This action is not a ‘‘significant                    § 165.T13–290 Safety Zone; 520 Bridge,                direct final rule in the Federal Register
                                            energy action’’ under Executive Order                   Lake Washington; Seattle, WA.                         informing the public that the rule will
                                            13211, Actions Concerning Regulations                     (a) Location. The following area is                 not take effect.
                                            That Significantly Affect Energy Supply,                designated as a safety zone: All waters               ADDRESSES: Submit your comments,
                                            Distribution, or Use.                                   within 100 yards of the east span of the              identified by Docket ID No. EPA–R07–


                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1



Document Created: 2015-12-15 09:28:09
Document Modified: 2015-12-15 09:28:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from September 18, 2015 through October 5, 2015. For the purposes of enforcement, actual notice will be used from September 5, 2015 until September 18, 2015.
ContactIf you have questions on this rule, call or email Ryan Griffin, Waterways Management Division, Coast Guard Sector Puget Sound; telephone (206) 217-6051, email [email protected] If you have questions on viewing or submitting material to the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 56388 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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