81 FR 80621 - Safety Zone; Vigor Industrial Drydock Movement, West Duwamish Waterway; Seattle, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 221 (November 16, 2016)

Page Range		80621-80624
FR Document		2016-27494

The Coast Guard proposes to establish a safety zone in the West Duwamish Waterway in Seattle, Washington for scheduled drydock movements at Vigor Industrial. The safety zone is necessary to ensure the safety of the maritime public and workers involved in the drydock movements. The safety zone would prohibit any person or vessel from entering or remaining in the safety zone when a notice of enforcement is issued, unless authorized by the Captain of the Port or a Designated Representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016)

[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Proposed Rules]
[Pages 80621-80624]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-27494]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1061]
RIN 1625-AA00

Safety Zone; Vigor Industrial Drydock Movement, West Duwamish
Waterway; Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in the
West Duwamish Waterway in Seattle, Washington for scheduled drydock
movements at Vigor Industrial. The safety zone is necessary to ensure
the

[[Page 80622]]

safety of the maritime public and workers involved in the drydock
movements. The safety zone would prohibit any person or vessel from
entering or remaining in the safety zone when a notice of enforcement
is issued, unless authorized by the Captain of the Port or a Designated
Representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before January 17, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1061 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Christina
Sullivan, Waterways Management Division, Sector Puget Sound, U.S. Coast
Guard; telephone (206) 217-6051, email SectorPugetSoundWWM@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

The Coast Guard periodically receives notification from Vigor
Industrial regarding their scheduled drydock movements in the West
Duwamish Waterway, and has established temporary safety zones to ensure
the safety of the maritime public during Vigor Industrial's operations.
The Coast Guard published a temporary safety zone; Vigor Industrial
Ferry Construction, West Duwamish Waterway, Seattle, WA on September 9,
2014 (79 FR 53297).
Due to the dangers involved with a large, slow moving drydock that
will be maneuvering close to the shore, the Coast Guard proposes the
establishment of a short term safety zone that is activated on a notice
of enforcement to ensure the safety of the workers involved as well as
the maritime public during Vigor Industrial's operations.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231. Coast Guard Captains of the Port are granted authority to
establish safety and security zones in 33 CFR 1.05-1(f) for safety and
environmental purposes as described in 33 CFR part 165.
Vigor Industrial periodically conducts drydock movements in support
of its vessel launching operations in the West Duwamish Waterway in
Seattle, Washington. The Coast Guard proposes to establish a safety
zone to ensure the safety of the workers involved as well as the
maritime public during Vigor Industrial's operations, and would do so
by prohibiting any person or vessel from entering or remaining in the
safety zone unless authorized by the Captain of the Port (COTP) or a
Designated Representative.

III. Discussion of Proposed Rule

The Coast Guard is establishing a safety zone encompassing all
waters in a rectangle approximately 450-yards-by-500-yards at the mouth
of the West Duwamish Waterway as it empties into Elliot Bay in Seattle,
Washington. The safety zone is adjacent to the northeastern tip of
Harbor Island in Seattle, WA.
To request permission to enter the zone during the times set out by
the notice of enforcement contact the Joint Harbor Operations Center at
206-217-6001 or the Vessel Traffic Service Puget Sound on VHF Channel
14. If permission for entry is granted vessels would be required
proceed at a minimum speed for navigation.

IV. Regulatory Analyses

We developed this proposed 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.

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 NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone would
impact a small designated area of the West Duwamish Waterway for less
than 6 hours per occurrence. From 2005 through 2015, there were a total
of 10 instances in which the Coast Guard issued a safety zone for the
movement of the Vigor Dry Dock. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

This proposed rule would 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

[[Page 80623]]

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 proposed rule under that Order and have determined that
it is consistent with the fundamental federalism principles and
preemption requirements described in E.O. 13132.
This proposed rule was determined to have potential tribal
implications under Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments, because it would impact vessel traffic
in the West Duwamish Waterway. The Coast Guard consulted with the
Muckleshoot tribe on this notice of proposed rulemaking. In order to
reach an agreeable timeframe that avoids impacts to treaty fishing
activities, the Coast Guard will consult with the Muckleshoot tribe and
Vigor Industrial once it receives notification from Vigor Industrial
concerning drydock movements that require the enforcement of the safety
zone. If agreement is not reached, the Coast Guard, as a Federal
trustee, will conduct consultation with the Muckleshoot tribe to ensure
Vigor movements will avoid Treaty impacts.
If you believe this proposed rule has additional 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

We have analyzed this proposed 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
made a preliminary determination 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 proposed rule involves the
establishment of a safety zone to ensure the safety of the maritime
public. Normally such actions are 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 proposed 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.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec. 165.1340 to read as follows:

Sec. 165.1340 Safety Zone; Vigor Industrial Drydock Movement, West
Duwamish Waterway; Seattle, WA.

(a) Location. The following area is a safety zone: All waters of
the West Duwamish Waterway in Seattle, WA encompassed within the area
created by connecting the following points: 47[deg]35'04'' N.,
122[deg]21'30'' W. thence westerly to 47[deg]35'04'' N.,
122[deg]21'50'' W. thence northerly to 47[deg]35'19'' N.,
122[deg]21'50'' W. thence easterly to 47[deg]35'19'' N.,
122[deg]21'30'' W. thence southerly to 47[deg]35'04'' N.,
122[deg]21'30'' W.
(b) Regulations. (1) In accordance with the general regulations in
subpart C of this part, when a notice of enforcement has been issued,
no person may enter or remain in the safety zone created by this
section unless authorized by the Captain of the Port or a Designated
Representative. See subpart C of this part for additional safety zone
information and requirements. Vessel operators wishing to enter the
zone during the enforcement period must request permission for entry by
contacting the Joint Harbor Operation Center at 206-217-6001 or the
Vessel Traffic Service Puget Sound on VHF channel 14.
(2) In order to reach an agreeable timeframe that avoids impacts to
treaty fishing activities, the Coast Guard will consult with the
Muckleshoot tribe and Vigor Industrial once it receives notification
from Vigor Industrial concerning drydock movements that require the
enforcement of the safety zone. If agreement is not reached, the Coast
Guard, as a Federal trustee, will conduct consultation with the
Muckleshoot tribe to ensure Vigor movements will avoid Treaty impacts.

[[Page 80624]]

(c) Enforcement periods. The safety zone described in paragraph (a)
of this section will be enforced by the Captain of the Port only upon
notice. Notice of enforcement by the Captain of the Port will be
provided prior to execution of the drydock movement by all appropriate
means, in accordance with 33 CFR 165.7(a). Such means will include
issuance of a notice of enforcement to be published in the Federal
Register, Local Notice to Mariners, and Special Marine Information
Broadcast.

Dated: November 8, 2016.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2016-27494 Filed 11-15-16; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Proposed Rules 80621

normal business hours at the Northwest Order 7400.11A, dated August 3, 2016, Paragraph 6006 Class E En Route Domestic
Mountain Regional Office of the Federal and effective September 15, 2016, which Airspace Areas.
Aviation Administration, Air Traffic is incorporated by reference in 14 CFR * * * * *
Organization, Western Service Center, 71.1. The Class E airspace designations ANM CO E6 Denver, CO [New]
Operations Support Group, 1601 Lind listed in this document will be
Avenue SW., Renton, WA 98057. That airspace extending upward from
published subsequently in the Order.
1,200 feet above the surface within an area
Availability and Summary of Regulatory Notices and Analyses bounded by lat. 44°57′30″ N., long.
Documents Proposed for Incorporation 103°10′00″ W.; to lat. 44°42′00″ N., long
The FAA has determined that this 101°29′00″ W.; to lat. 43°42′30″ N., long.
by Reference
regulation only involves an established 101°24′30″ W.; to lat. 43°17′20″ N., long.
This document proposes to amend body of technical regulations for which 100°06′00″ W.; to lat. 42°00′00″ N., long.
FAA Order 7400.11A, Airspace frequent and routine amendments are 099°01′00″ W.; to lat. 39°59′00″ N., long.
Designations and Reporting Points, necessary to keep them operationally 099°03′30″ W.; to lat. 39°28′00″ N., long.
dated August 3, 2016, and effective current, is non-controversial and 098°48′00″ W.; to lat. 37°30′00″ N., long.
September 15, 2016. FAA Order 102°33′00″ W.; to lat. 36°43′00″ N., long.
unlikely to result in adverse or negative 105°00′00″ W.; to lat. 36°43′00″ N., long.
7400.11A is publicly available as listed comments. It, therefore: (1) Is not a 106°05′00″ W.; to lat. 36°12′00″ N., long.
in the ADDRESSES section of this ‘‘significant regulatory action’’ under 107°28′00″ W.; to lat. 36°02′00″ N., long.
document. FAA Order 7400.11A lists Executive Order 12866; (2) is not a 108°13′00″ W.; to lat. 35°42′00″ N., long.
Class A, B, C, D, and E airspace areas, ‘‘significant rule’’ under DOT 110°14′00″ W.; to lat. 35°46′00″ N., long.
air traffic service routes, and reporting Regulatory Policies and Procedures (44 111°50′30″ W.; to lat. 36°25′15″ N., long.
points. FR 11034; February 26, 1979); and (3) 111°30′15″ W.; to lat. 36°44′00″ N., long.
does not warrant preparation of a 111°36′30″ W.; to lat. 37°24′45″ N., long.
Background 111°52′45″ W.; to lat. 37°50′00″ N., long.
regulatory evaluation as the anticipated 110°53′00″ W.; to lat. 38°07′45″ N., long.
Current airspace design is primarily impact is so minimal. Since this is a
based on airport terminal areas and 110°09′25″ W.; to lat. 38°12′00″ N., long.
routine matter that will only affect air 109°59′00″ W.; to lat. 38°56′00″ N., long.
airways, often leaving small areas of traffic procedures and air navigation, it 109°59′00″ W.; to lat. 39°13′00″ N., long.
uncontrolled airspace between airports. is certified that this rule, when 109°59′00″ W.; to lat. 39°35′00″ N., long.
Class E en route domestic airspace promulgated, would not have a 110°18′00″ W.; to lat. 40°00′00″ N., long.
provides controlled airspace in those significant economic impact on a 109°10′00″ W.; to lat. 40°51′00″ N., long.
areas where there is a requirement to substantial number of small entities 109°06′00″ W.; to lat. 41°22′00″ N., long.
provide IFR en route air traffic control under the criteria of the Regulatory 108°16′30″ W.; to lat. 41°36′30″ N., long.
services but the Federal airway structure 108°00′00″ W.; to lat. 42°25′00″ N., long.
Flexibility Act. 107°03′00″ W.; to lat. 43°53′00″ N., long.
is inadequate.
Numerous smaller Class E en route Environmental Review 107°17′00″ W.; to lat. 44°19′00″ N., long.
areas have been established to provide 106°16′00″ W.; to lat. 45°14′15″ N., long.
This proposal will be subject to an 106°00′00″ W.; to lat. 45°07′00″ N., long.
controlled airspace where the airway environmental analysis in accordance 104°15′00″ W.; thence to the point of
structure is inadequate; however, with FAA Order 1050.1F, beginning.
additional areas of uncontrolled ‘‘Environmental Impacts: Policies and
airspace have been discovered due to Issued in Seattle, Washington, on
Procedures’’ prior to any FAA final November 2, 2016.
technological improvements in locating regulatory action.
and mapping. Also, as aging ground- Tracey Johnson,
based navigation aids are removed from List of Subjects in 14 CFR Part 71 Manager, Operations Support Group, Western
service, the airway structure is reduced, Service Center.
Airspace, Incorporation by reference,
uncovering larger areas of uncontrolled [FR Doc. 2016–27437 Filed 11–15–16; 8:45 am]
Navigation (air).
airspace. BILLING CODE 4910–13–P
The Proposed Amendment
The Proposal
Accordingly, pursuant to the
The FAA is proposing an amendment authority delegated to me, the Federal DEPARTMENT OF HOMELAND
to Title 14 Code of Federal Regulations Aviation Administration proposes to SECURITY
(14 CFR) Part 71 to establish Class E en amend 14 CFR part 71 as follows:
route airspace extending upward from Coast Guard
1,200 feet above the surface at the PART 71—DESIGNATION OF CLASS A,
Denver ARTCC, Denver, CO, to support B, C, D, AND E AIRSPACE AREAS; AIR 33 CFR Part 165
en route IFR operations where the TRAFFIC SERVICE ROUTES; AND [Docket Number USCG–2015–1061]
airway structure is inadequate. This REPORTING POINTS
proposal would allow the most efficient RIN 1625–AA00
routing between airports without ■ 1. The authority citation for 14 CFR
reducing margins of safety or requiring Part 71 continues to read as follows: Safety Zone; Vigor Industrial Drydock
additional coordination and pilot/ Movement, West Duwamish Waterway;
Authority: 49 U.S.C. 106(f), 106(g), 40103, Seattle, WA
controller workload. This action is
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
necessary to ensure the safety and 1959–1963 Comp., p. 389. AGENCY: Coast Guard, DHS.
management of controlled airspace ACTION: Notice of proposed rulemaking.
within the National Airspace System as § 71.1 [Amended]
it transitions from ground based 2. The incorporation by reference in SUMMARY: The Coast Guard proposes to
navigation aids to satellite-based Global 14 CFR 71.1 of FAA Order 7400.11A, establish a safety zone in the West
Navigation Satellite System for Airspace Designations and Reporting Duwamish Waterway in Seattle,
navigation. Points, dated August 3, 2016, and Washington for scheduled drydock
Class E airspace designations are effective September 15, 2016, is movements at Vigor Industrial. The
published in paragraph 6006 of FAA amended as follows: safety zone is necessary to ensure the

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Document Created: 2016-11-16 00:57:57
Document Modified: 2016-11-16 00:57:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before January 17, 2017.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Commander Christina Sullivan, Waterways Management Division, Sector Puget Sound, U.S. Coast Guard; telephone (206) 217-6051, email [email protected]
FR Citation		81 FR 80621
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

81 FR 80621 - Safety Zone; Vigor Industrial Drydock Movement, West Duwamish Waterway; Seattle, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 221 (November 16, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard