80_FR_63881 80 FR 63678 - Safety Zone; 520 Bridge Construction, Lake Washington, Seattle, WA

80 FR 63678 - Safety Zone; 520 Bridge Construction, Lake Washington, Seattle, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range63678-63680
FR Document2015-26754

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 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Rules and Regulations]
[Pages 63678-63680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26754]


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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 October 21, 
2015 through November 30, 2015. For the purposes of enforcement, actual 
notice will be used from October 2, 2015 until October 21, 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.

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]

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 because of an unexpected extension of 
construction. With construction still in progress the safety zone needs 
to be extended until November 30, 2015. Due to the nature of the delay 
and the need to extend the safety zone immediately, it would be 
impracticable to issue an NPRM and solicit comment before finalizing 
this rule.
    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 contrary to public interest 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

    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 continuing on 
October 2, 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 October 2, 2015 through November 30, 
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

[[Page 63679]]

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.

A. 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.

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, because the zone established in this rule is 
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.
    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 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 temporary safety zone lasting less than 60 days that 
will prohibit entry within 100 yards of the east span of the 520 bridge 
during times of construction operations. It 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. 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.

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:

[[Page 63680]]

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 33 
CFR 165, Subpart C, 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 October 2, 2015, through 
November 30, 2015, when a construction barge is present inside the 
safety zone.

    Dated: September 30, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2015-26754 Filed 10-20-15; 8:45 am]
 BILLING CODE 9110-04P



                                            63678            Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations

                                            essential to the continued safe operation                DEPARTMENT OF HOMELAND                                authority under section 4(a) of the
                                            of the drawbridge.                                       SECURITY                                              Administrative Procedure Act (APA) (5
                                                                                                                                                           U.S.C. 553(b)). This provision
                                            DATES:  This deviation is effective from                 Coast Guard                                           authorizes an agency to issue a rule
                                            7 a.m. to 12 p.m. on November 5, 2015.                                                                         without prior notice and opportunity to
                                            ADDRESSES:   The docket for this                         33 CFR Part 165                                       comment when the agency for good
                                            deviation, (USCG–2015–0942) is                           [Docket Number USCG–2015–0570]
                                                                                                                                                           cause finds that those procedures are
                                            available at http://www.regulations.gov.                                                                       ‘‘impracticable, unnecessary, or contrary
                                                                                                     RIN 1625–AA00                                         to the public interest.’’ Under 5 U.S.C.
                                            FOR FURTHER INFORMATION CONTACT:   If                                                                          553(b)(B), the Coast Guard finds that
                                            you have questions on this temporary                     Safety Zone; 520 Bridge Construction,                 good cause exists for not publishing a
                                            deviation, call or email Eric A.                         Lake Washington, Seattle, WA                          notice of proposed rulemaking (NPRM)
                                            Washburn, Bridge Administrator,                          AGENCY:    Coast Guard, DHS.                          with respect to this rule because of an
                                            Western Rivers, Coast Guard; telephone                                                                         unexpected extension of construction.
                                                                                                     ACTION:   Temporary final rule.
                                            314–269–2378, email Eric.Washburn@                                                                             With construction still in progress the
                                            uscg.mil.                                                SUMMARY:   The Coast Guard is                         safety zone needs to be extended until
                                                                                                     establishing a temporary safety zone on               November 30, 2015. Due to the nature
                                            SUPPLEMENTARY INFORMATION:      The                      Lake Washington around the east span                  of the delay and the need to extend the
                                            Chicago, Central & Pacific Railroad                      of the 520 Bridge in Seattle, Washington              safety zone immediately, it would be
                                            requested a temporary deviation for the                  due to ongoing construction. The safety               impracticable to issue an NPRM and
                                            Illinois Central Railroad Drawbridge,                    zone is necessary to ensure the safety of             solicit comment before finalizing this
                                            across the Upper Mississippi River, mile                 the maritime public and workers                       rule.
                                            579.9, at Dubuque, Iowa to remain in                     involved in the bridge construction                      We are issuing this rule, and under 5
                                            the closed-to-navigation position from 7                 when construction barges are located in               U.S.C. 553(d)(3), the Coast Guard finds
                                            a.m. to 12 p.m., on November 5, 2015                     the east span of the bridge. The safety               that good cause exists for making it
                                            to replace the tender house essential to                 zone will prohibit any person or vessel               effective less than 30 days after
                                            the continued safe operation of the                      from entering or remaining in the safety              publication in the Federal Register.
                                            drawbridge.                                              zone unless authorized by the Captain                 Delaying the effective date of this rule
                                                                                                     of the Port or his Designated                         would be contrary to public interest
                                               The Illinois Central Railroad                                                                               because immediate action is needed to
                                            Drawbridge currently operates in                         Representative.
                                                                                                                                                           respond to the potential safety hazards
                                            accordance with 33 CFR 117.5, which                      DATES:  This rule is effective without                associated with the construction of the
                                            states the general requirement that the                  actual notice from October 21, 2015                   east span of the 520 Bridge.
                                            drawbridge shall open on signal.                         through November 30, 2015. For the
                                                                                                     purposes of enforcement, actual notice                III. Legal Authority and Need for Rule
                                               There are no alternate routes for
                                            vessels transiting this section of the                   will be used from October 2, 2015 until                  The Coast Guard is issuing this rule
                                                                                                     October 21, 2015.                                     under authority in 33 U.S.C. 1231. The
                                            Upper Mississippi River. The bridge
                                            cannot open in case of emergency.                        ADDRESSES: To view documents                          Captain of the Port Puget sound (COTP)
                                                                                                     mentioned in this preamble as being                   has determined that potential hazards
                                               The Illinois Central Railroad                         available in the docket, go to http://                associated with bridge construction
                                            Drawbridge provides a vertical                           www.regulations.gov, type USCG–2015–                  continuing on October 2, 2015 will be
                                            clearance of 19.9 feet above normal pool                 0570 in the ‘‘SEARCH’’ box and click                  a safety concern for anyone within a
                                            in the closed-to-navigation position.                    ‘‘SEARCH.’’ Click on Open Docket                      100-yard radius of the 520 Bridge east
                                            Navigation on the waterway consists                      Folder on the line associated with this               span construction operations. This rule
                                            primarily of commercial tows and                         rule.                                                 is needed to protect personnel, vessels,
                                            recreational watercraft and will not be                  FOR FURTHER INFORMATION CONTACT: If                   and the marine environment in the
                                            significantly impacted. This temporary                   you have questions on this rule, call or              navigable waters within the safety zone
                                            deviation has been coordinated with                      email Ryan Griffin, Waterways                         while the bridge is being repaired.
                                            waterway users. No objections were                       Management Division, Coast Guard                      IV. Discussion of the Rule
                                            received.                                                Sector Puget Sound; telephone (206)
                                                                                                                                                              The safety zone established in this
                                               In accordance with 33 CFR 117.35(e),                  217–6051, email SectorPugetSound
                                                                                                                                                           rule encompasses all waters within 100
                                            the drawbridge must return to its regular                WWM@uscg.mil
                                                                                                                                                           yards of the east span of the 520 Bridge,
                                            operating schedule immediately at the                    SUPPLEMENTARY INFORMATION:                            located on Lake Washington and is
                                            end of the effective period of this                      I. Table of Abbreviations                             effective from October 2, 2015 through
                                            temporary deviation. This deviation                                                                            November 30, 2015 when a construction
                                            from the operating regulations is                        CFR Code of Federal Regulations                       barge is present in the safety zone.
                                            authorized under 33 CFR 117.35.                          DHS Department of Homeland Security
                                                                                                     E.O. Executive order
                                                                                                                                                           Vessels wishing to enter the safety zone
                                              Dated: October 15, 2015.                               FR Federal Register                                   must request permission to do so from
                                            David M. Frank,                                          NPRM Notice of proposed rulemaking                    the Captain of the Port by contacting the
                                                                                                     Pub. L. Public Law                                    Joint Harbor Operations Center at 206–
                                            Bridge Administrator, Eighth Coast Guard                 § Section                                             217–6001 or VHF Channel 16. If
                                            District.                                                U.S.C. United States Code                             permission for entry is granted, vessels
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                                            [FR Doc. 2015–26745 Filed 10–20–15; 8:45 am]                                                                   must proceed at a minimum speed for
                                                                                                     II. Background Information and
                                            BILLING CODE 9110–04–P
                                                                                                     Regulatory History                                    safe navigation.

                                                                                                       The Coast Guard is issuing this                     V. Regulatory Analyses
                                                                                                     temporary rule without prior notice and                 We developed this rule after
                                                                                                     opportunity to comment pursuant to                    considering numerous statutes and


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                                                             Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations                                        63679

                                            executive orders (E.O.s) related to                        Small businesses may send comments                  we do discuss the effects of this rule
                                            rulemaking. Below we summarize our                       on the actions of Federal employees                   elsewhere in this preamble.
                                            analyses based on a number of these                      who enforce, or otherwise determine
                                            statutes and E.O.s, and we discuss First                 compliance with, Federal regulations to               F. Environment
                                            Amendment rights of protestors.                          the Small Business and Agriculture                       We have analyzed this rule under
                                                                                                     Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                            A. Regulatory Planning and Review
                                                                                                     and the Regional Small Business                       Management Directive 023–01 and
                                               E.O.s 12866 and 13563 direct agencies                 Regulatory Fairness Boards. The
                                            to assess the costs and benefits of                                                                            Commandant Instruction M16475.lD,
                                                                                                     Ombudsman evaluates these actions
                                            available regulatory alternatives and, if                                                                      which guide the Coast Guard in
                                                                                                     annually and rates each agency’s
                                            regulation is necessary, to select                                                                             complying with the National
                                                                                                     responsiveness to small business. If you
                                            regulatory approaches that maximize                                                                            Environmental Policy Act of 1969(42
                                                                                                     wish to comment on actions by
                                            net benefits. E.O. 13563 emphasizes the                  employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                            importance of quantifying both costs                     888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                            and benefits, of reducing costs, of                      Coast Guard will not retaliate against                category of actions that do not
                                            harmonizing rules, and of promoting                      small entities that question or complain              individually or cumulatively have a
                                            flexibility. This rule has not been                      about this rule or any policy or action               significant effect on the human
                                            designated a ‘‘significant regulatory                    of the Coast Guard.                                   environment. This rule involves a
                                            action,’’ under E.O. 12866. Accordingly,                                                                       temporary safety zone lasting less than
                                            it has not been reviewed by the Office                   C. Collection of Information                          60 days that will prohibit entry within
                                            of Management and Budget.                                  This rule will not call for a new                   100 yards of the east span of the 520
                                               This rule is not a significant                        collection of information under the                   bridge during times of construction
                                            regulatory action as the safety zone                     Paperwork Reduction Act of 1995 (44                   operations. It is categorically excluded
                                            established by it is both limited in size                U.S.C. 3501–3520).                                    from further review under paragraph
                                            and duration and there is an alternative                                                                       34(g) of Figure 2–1 of the Commandant
                                            route for vessels with an air draft that                 D. Federalism and Indian Tribal
                                                                                                     Governments                                           Instruction. An environmental analysis
                                            permits safe passage under the west                                                                            checklist supporting this determination
                                            span of the bridge.                                         A rule has implications for federalism             and a Categorical Exclusion
                                                                                                     under E.O. 13132, Federalism, if it has               Determination are available in the
                                            B. Impact on Small Entities                              a substantial direct effect on the States,            docket where indicated under
                                               The Regulatory Flexibility Act of                     on the relationship between the national              ADDRESSES. We seek any comments or
                                            1980, 5 U.S.C. 601–612, as amended,                      government and the States, or on the                  information that may lead to the
                                            requires Federal agencies to consider                    distribution of power and                             discovery of a significant environmental
                                            the potential impact of regulations on                   responsibilities among the various                    impact from this rule.
                                            small entities during rulemaking. The                    levels of government. We have analyzed
                                            term ‘‘small entities’’ comprises small                  this rule under that Order and have                   G. Protest Activities
                                            businesses, not-for-profit organizations                 determined that it is consistent with the
                                            that are independently owned and                         fundamental federalism principles and                   The Coast Guard respects the First
                                            operated and are not dominant in their                   preemption requirements described in                  Amendment rights of protesters.
                                            fields, and governmental jurisdictions                   E.O. 13132.                                           Protesters are asked to contact the
                                            with populations of less than 50,000.                       Also, this rule does not have tribal               person listed in the FOR FURTHER
                                            The Coast Guard certifies under 5 U.S.C.                 implications under E.O. 13175,                        INFORMATION CONTACT section to
                                            605(b) that this rule will not have a                    Consultation and Coordination with                    coordinate protest activities so that your
                                            significant economic impact on a                         Indian Tribal Governments, because it                 message can be received without
                                            substantial number of small entities.                    does not have a substantial direct effect             jeopardizing the safety or security of
                                               While some owners or operators of                     on one or more Indian tribes, on the                  people, places or vessels.
                                            vessels intending to transit the safety                  relationship between the Federal
                                            zone may be small entities, for the                                                                            List of Subjects in 33 CFR Part 165
                                                                                                     Government and Indian tribes, or on the
                                            reasons stated in section V.A above, this                distribution of power and                               Harbors, Marine safety, Navigation
                                            rule will not have a significant                         responsibilities between the Federal                  (water), Reporting and Recordkeeping
                                            economic impact on any vessel owner                      Government and Indian tribes. If you                  requirements, Security measures,
                                            or operator, because the zone                            believe this rule has implications for                Waterways.
                                            established in this rule is limited in size              federalism or Indian tribes, please
                                            and duration and there is an alternative                 contact the person listed in the FOR                    For the reasons discussed in the
                                            route for vessels with an air draft that                 FURTHER INFORMATION CONTACT section                   preamble, the Coast Guard amends 33
                                            permits safe passage under the west                      above.                                                CFR part 165 as follows:
                                            span of the bridge.
                                               Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act                       PART 165—REGULATED NAVIGATION
                                            Business Regulatory Enforcement                            The Unfunded Mandates Reform Act                    AREAS AND LIMITED ACCESS AREAS
                                            Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires
                                            we want to assist small entities in                      Federal agencies to assess the effects of             ■ 1. The authority citation for part 165
                                            understanding this rule. If the rule                     their discretionary regulatory actions. In            continues to read as follows:
                                            would affect your small business,                        particular, the Act addresses actions
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                                                                                                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            organization, or governmental                            that may result in the expenditure by a               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                            jurisdiction and you have questions                      State, local, or tribal government, in the            Department of Homeland Security Delegation
                                            concerning its provisions or options for                 aggregate, or by the private sector of                No. 0170.1.
                                            compliance, please contact the person                    $100,000,000 (adjusted for inflation) or
                                            listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                ■ 2. Add § 165.T13–290 to read as
                                            CONTACT section.                                         will not result in such an expenditure,               follows:


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                                            63680            Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations

                                            § 165.T13–290 Safety Zone; 520 Bridge,                   requests for hearings must be received                C. How can I file an objection or hearing
                                            Lake Washington; Seattle, WA.                            on or before December 21, 2015, and                   request?
                                              (a) Location: The following area is                    must be filed in accordance with the                    Under FFDCA section 408(g), 21
                                            designated as a safety zone: All waters                  instructions provided in 40 CFR part                  U.S.C. 346a, any person may file an
                                            within 100 yards of the east span of the                 178 (see also Unit I.C. of the                        objection to any aspect of this regulation
                                            520 Bridge located on Lake Washington                    SUPPLEMENTARY INFORMATION).
                                                                                                                                                           and may also request a hearing on those
                                            in Seattle, Washington.                                  ADDRESSES: The docket for this action,                objections. You must file your objection
                                              (b) Regulations: In accordance with
                                                                                                     identified by docket identification (ID)              or request a hearing on this regulation
                                            the general regulations in 33 CFR 165,
                                                                                                     number EPA–HQ–OPP–2014–0374, is                       in accordance with the instructions
                                            Subpart C, no person may enter the
                                                                                                     available at http://www.regulations.gov               provided in 40 CFR part 178. To ensure
                                            safety zone or bring or cause to be
                                                                                                     or at the Office of Pesticide Programs                proper receipt by EPA, you must
                                            brought any vessel into the safety zone
                                                                                                     Regulatory Public Docket (OPP Docket)                 identify docket ID number EPA–HQ–
                                            without permission of the Captain of the
                                                                                                     in the Environmental Protection Agency                OPP–2014–0374 in the subject line on
                                            Port. Persons wishing to enter the safety
                                                                                                     Docket Center (EPA/DC), West William                  the first page of your submission. All
                                            zone must request permission from the
                                                                                                     Jefferson Clinton Bldg., Rm. 3334, 1301               objections and requests for a hearing
                                            Captain of the Port by contacting the
                                                                                                     Constitution Ave. NW., Washington, DC                 must be in writing, and must be
                                            Joint Harbor Operation Center at 206–
                                                                                                     20460–0001. The Public Reading Room                   received by the Hearing Clerk on or
                                            217–6001 or VHF Channel 16. If
                                                                                                     is open from 8:30 a.m. to 4:30 p.m.,                  before December 21, 2015. Addresses for
                                            permission for entry is granted, vessels
                                                                                                     Monday through Friday, excluding legal                mail and hand delivery of objections
                                            must proceed at a minimum speed for
                                                                                                     holidays. The telephone number for the                and hearing requests are provided in 40
                                            safe navigation.
                                              (c) Dates: This rule is effective from                 Public Reading Room is (202) 566–1744,                CFR 178.25(b).
                                            October 2, 2015, through November 30,                    and the telephone number for the OPP                    In addition to filing an objection or
                                            2015, when a construction barge is                       Docket is (703) 305–5805. Please review               hearing request with the Hearing Clerk
                                            present inside the safety zone.                          the visitor instructions and additional               as described in 40 CFR part 178, please
                                                                                                     information about the docket available                submit a copy of the filing (excluding
                                              Dated: September 30, 2015.                             at http://www.epa.gov/dockets.                        any Confidential Business Information
                                            M.W. Raymond,                                                                                                  (CBI)) for inclusion in the public docket.
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                            Captain, U.S. Coast Guard, Captain of the
                                                                                                     Robert McNally, Biopesticides and                     Information not marked confidential
                                            Port Puget Sound.                                                                                              pursuant to 40 CFR part 2 may be
                                                                                                     Pollution Prevention Division (7511P),
                                            [FR Doc. 2015–26754 Filed 10–20–15; 8:45 am]
                                                                                                     Office of Pesticide Programs,                         disclosed publicly by EPA without prior
                                            BILLING CODE 9110–04P
                                                                                                     Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                                                                                     Pennsylvania Ave. NW., Washington,                    objection or hearing request, identified
                                                                                                     DC 20460–0001; main telephone                         by docket ID number EPA–HQ–OPP–
                                            ENVIRONMENTAL PROTECTION                                 number: (703) 305–7090; email address:                2014–0374, by one of the following
                                            AGENCY                                                   BPPDFRNotices@epa.gov.                                methods:
                                                                                                                                                             • Federal eRulemaking Portal: http://
                                            40 CFR Part 180                                          SUPPLEMENTARY INFORMATION:                            www.regulations.gov. Follow the online
                                            [EPA–HQ–OPP–2014–0374; FRL–9933–73]                      I. General Information                                instructions for submitting comments.
                                                                                                                                                           Do not submit electronically any
                                                                                                     A. Does this Action apply to me?                      information you consider to be CBI or
                                            Potassium Salts of Hops Beta Acids;
                                            Exemption From the Requirement of a                         You may be potentially affected by                 other information whose disclosure is
                                            Tolerance                                                this action if you are an agricultural                restricted by statute.
                                                                                                     producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                            AGENCY:  Environmental Protection                                                                              Protection Agency Docket Center (EPA/
                                            Agency (EPA).                                            pesticide manufacturer. The following
                                                                                                     list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                            ACTION: Final rule.                                                                                            NW., Washington, DC 20460–0001.
                                                                                                     Classification System (NAICS) codes is
                                                                                                     not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                            SUMMARY:   This regulation establishes an                                                                      arrangements for hand delivery or
                                            exemption from the requirement of a                      provides a guide to help readers
                                                                                                     determine whether this document                       delivery of boxed information, please
                                            tolerance for residues of the biochemical                                                                      follow the instructions at http://www.
                                            pesticide potassium salts of hops beta                   applies to them. Potentially affected
                                                                                                     entities may include:                                 epa.gov/dockets/contacts.html.
                                            acids in or on honey and honeycomb for                                                                         Additional instructions on commenting
                                            the control of Varroa mites in                              • Crop production (NAICS code 111).
                                                                                                                                                           or visiting the docket, along with more
                                            accordance with label directions and                        • Animal production (NAICS code                    information about dockets generally, is
                                            good agricultural practices. Interregional               112).                                                 available at http://www.epa.gov/
                                            Research Project Number 4, on behalf of                     • Food manufacturing (NAICS code                   dockets.
                                            Beta Tec Hop Products, Inc., submitted                   311).
                                            a petition to EPA under the Federal                         • Pesticide manufacturing (NAICS                   II. Background and Statutory Findings
                                            Food, Drug, and Cosmetic Act (FFDCA),                    code 32532).                                             In the Federal Register of September
                                            requesting an exemption from the                                                                               5, 2014 (79 FR 53009) (FRL–9914–98),
                                            requirement of a tolerance. This                         B. How can I get electronic access to
                                                                                                                                                           EPA issued a document pursuant to
                                            regulation eliminates the need to                        other related information?
                                                                                                                                                           FFDCA section 408(d)(3), 21 U.S.C.
tkelley on DSK3SPTVN1PROD with RULES




                                            establish a maximum permissible level                      You may access a frequently updated                 346a(d)(3), announcing the filing of a
                                            for residues of potassium salts of hops                  electronic version of 40 CFR part 180                 pesticide tolerance petition (PP 3E8217)
                                            beta acids in or on honey and                            through the Government Printing                       by Interregional Research Project
                                            honeycomb.                                               Office’s e-CFR site at http://www.ecfr.               Number 4, 500 College Road East, Suite
                                            DATES: This regulation is effective                      gov/cgi-bin/text-idx?&c=ecfr&tpl=/                    201W, Princeton, NJ 08540, on behalf of
                                            October 21, 2015. Objections and                         ecfrbrowse/Title40/40tab_02.tpl.                      BetaTec Hop Products, Inc. (the


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Document Created: 2018-02-27 08:54:25
Document Modified: 2018-02-27 08:54:25
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 October 21, 2015 through November 30, 2015. For the purposes of enforcement, actual notice will be used from October 2, 2015 until October 21, 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]
FR Citation80 FR 63678 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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