Rule2022-15014
Safety Zone; Spokane Street Bridge, Duwamish Waterway, Seattle, WA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2022
Effective
July 14, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 100-yard radius of the Spokane Street Bridge Light List Number 16870.1. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by repair work on the Spokane Street Bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Puget Sound.
Full Text
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<title>Federal Register, Volume 87 Issue 134 (Thursday, July 14, 2022)</title>
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[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Rules and Regulations]
[Pages 42072-42074]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15014]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0587]
RIN 1625-AA00
Safety Zone; Spokane Street Bridge, Duwamish Waterway, Seattle,
WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius of the Spokane Street Bridge
Light List Number 16870.1. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by repair work on the Spokane Street Bridge. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Puget Sound.
DATES:
Effective dates: This rule is effective without actual notice from
July 14, 2022 until 7 a.m. on September 30, 2022. For purposes of
enforcement, actual notice will be used from 9 p.m. on July 8, 2022
until July 14, 2022.
Applicability dates: This rule is subject to enforcement on four
occasions: from 9 p.m. on July 8, 2022 until 7 a.m. on July 9, 2022; 11
p.m. on September 23, 2022 until 7 a.m. on September 24, 2022; and 11
p.m. on September 29, 2022 until 7 a.m. on September 30, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0353 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Peter J. McAndrew, Sector Puget Sound
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6051, email <a href="/cdn-cgi/l/email-protection#bdeed8dec9d2cfedc8dad8c9eed2c8d3d9eaeaf0fdc8cededa93d0d4d1"><span class="__cf_email__" data-cfemail="8bd8eee8ffe4f9dbfeeceeffd8e4fee5efdcdcc6cbfef8e8eca5e6e2e7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Spokane Street Bridge requires
immediate action to respond to the potential safety hazards associated
with emergency bridge inspection and repair work. It is impracticable
to publish an NPRM because we had to establish this safety zone by July
8, 2022.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable because immediate action is needed to respond to the
potential safety hazards associated with emergency stability inspection
and repair of the Spokane Street Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Puget
Sound has determined that potential hazards associated with bridge
repairs continuing July 8, 2022, will be a safety concern for anyone
navigating on the West Duwamish Waterway in the vicinity of the Spokane
Street Bridge Light List Number 16870.1. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the bridge is being inspected and
repaired.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. on July 8, 2022
until 7 a.m. on September 30, 2022. It is subject to enforcement on
three occasions, one of which has already passed: 9 p.m. on July 8,
2022 until 7 a.m. on July 9, 2022; 11 p.m. on Septemebr 23, 2022 until
7 a.m. on September 24, 2022; and 11 p.m. on September 29, 2022 until 7
a.m. on September 30, 2022. The safety zone will cover all navigable
waters within a 100-yard radius of the Spokane Street Bridge Light List
Number 16870.1. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the Spokane Street Bridge is being inspected and
potentially repaired. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will not be able to safely transit around this safety zone which would
impact a small designated area of the Duwamish Waterway. 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.
[[Page 42073]]
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 4 days that will prohibit entry within a 100-yard
radius of the Spokane Street Bridge Light List Number 16870.1 to ensure
the safety of all vessels navigating in the vicinity of inspection and
repair work on the Spokane Street Bridge. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0587 to read as follows:
Sec. 165.T13-0587 Safety Zone; Spokane Street Bridge, Duwamish
Waterway, Seattle, WA.
(a) Location. The following area is a safety zone: All navigable
waters within a 100-yard radius of the Spokane Street Bridge Light List
Number 16870.1 on the Duwamish Waterway to ensure the safety of all
vessels navigating in the vicinity of inspection and repair work on the
Spokane Street Bridge.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Puget Sound in the enforcement of the safety zone.
(c) Regulations. In accordance with the general regulations in Part
165, Subpart C, no persons or vessels may enter or remain in the safety
zone described in paragraph (a) of this section unless authorized by
the Captain of the Port or their designated representative. For
permission to enter the safety zone, contact the on-scene designated
representative or Joint Harbor Operations Center via VHF CH16 or at
206-217-6002. Those in the safety zone must comply with all lawful
orders or directions given to them by the Captain of the Port or their
designated representative.
(d) Enforcement periods. This section will be subject to
enforcement from 9 p.m. on July 8, 2022 until 7 a.m. on July
[[Page 42074]]
9, 2022; 11 p.m. on Septemebr 23, 2022 until 7 a.m. on September 24,
2022; and 11 p.m. on Septemebr 29, 2022 until 7 a.m. on September 30,
2022.
Dated: July 5, 2022
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-15014 Filed 7-13-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 14, 2022.
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