Rule2023-08387
Safety Zone; Hylebos Waterway, Tacoma, WA
Primary source
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Published
April 19, 2023
Effective
April 19, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Hylebos Waterway in Tacoma, Washington. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a firefighting efforts onboard the F/V KODIAK ENTERPRISE by emergency response personnel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound.
Full Text
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<title>Federal Register, Volume 88 Issue 75 (Wednesday, April 19, 2023)</title>
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[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Rules and Regulations]
[Pages 24113-24115]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08387]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0341]
RIN 1625-AA00
Safety Zone; Hylebos Waterway, Tacoma, 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 of the Hylebos Waterway in Tacoma, Washington. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a firefighting efforts
onboard the F/V KODIAK ENTERPRISE by emergency response personnel.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Puget Sound.
DATES: This rule is effective without actual notice from April 19, 2023
through 6 p.m. April 21, 2023. For the purposes of enforcement, actual
notice will be used from April 14, 2023 until April 19, 2023.
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-
2023-0341 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Steve Barnett, Sector Puget Sound, Waterways
Management Division, U.S. Coast Guard; telephone 206-217-6051, email
<a href="/cdn-cgi/l/email-protection#d083b5b3a4bfa280a5b7b5a483bfa5beb487879d90a5a3b3b7febdb9bc"><span class="__cf_email__" data-cfemail="f2a19791869d80a287959786a19d879c96a5a5bfb287819195dc9f9b9e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Puget Sound
[[Page 24114]]
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
On April 9, 2023, the Coast Guard issued a rulemaking creating a
temporary safety zone on the navigable waters of the Hylebos Waterway
in Tacoma, Washington to protect persons and vessels and the marine
environment from potential hazards created by a firefighting efforts
onboard the F/V KODIAK ENTERPRISE by emergency response personnel. The
safety zone was effective from 6 p.m. April 9, 2023 through 6 p.m.
April 14, 2023. A copy of the rulemaking that ended on April 14, 2023
is available in the docket USCG-2022-0341, which can be found using
instructions in the ADDRESSES section. However, additional time is
needed to maintain safe navigation around response equipment and
responders while additional firefighting and damage assessment
operations occur, and, as a result, the Coast Guard is establishing
through temporary regulations a safety zone that will be in effect
through April 21, 2023. 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 due to the fire
onboard F/V KODIAK. Firefighting efforts are still ongoing, and several
dangerous conditions exist because of those firefighting response
efforts and the state of the vessel. The vessel is currently listing
with diesel fuel and other pollution hazards onboard. The Coast Guard
must take continued action to respond to a potential threat to public
safety in the Hylebos Waterway, Tacoma, WA. The Coast Guard was unable
to publish an NPRM and hold a reasonable comment period for this
rulemaking due to the emergent nature to continue response operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with firefighting
efforts onboard F/V KODIAK ENTERPRISE.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Puget Sound
(COTP) has determined that potential safety hazards exist while ongoing
firefighting is taking place onboard the F/V KODIAK ENTERPRISE in the
Hylebos Waterway. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while response actions are taking place.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 6 p.m. on April
14, 2023 until 6 p.m. on April 21, 2023. The safety zone will cover all
navigable waters within the Hylebos Waterway in Tacoma, WA. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while firefighting
operations onboard the F/V KODIAK ENTERPRISE are ongoing. 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. 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).
This regulatory action determination is based on the fact that the
safety zone created by this rule is limited in size and duration.
Critical vessel traffic will be able to safely transit through this
safety zone with permission from the COTP or designee. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by 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
[[Page 24115]]
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 only as long as necessary for response operations
that will prohibit entry or departure from the Hylebos Waterway,
Tacoma, WA. It is categorically excluded from further review under
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination will be 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0341 to read as follows:
Sec. 165.T13-0341 Safety Zone; Hylebos Waterway, Tacoma, WA.
(a) Location. The following area is a safety zone: from the
entrance to the Hylebos Waterway to the Turning Basin in Tacoma, WA.
(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 Sector Puget Sound in the enforcement of the safety
zone.
(c) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no persons or vessels may enter or remain in
the safety zone created in this unless authorized by the Captain of the
Port or their designated representative. For permission to enter the
safety zone, contact the on-scene designated representative or Joint
Harbor Operations Center via VHF CH16 or at 206-217-6002. Those in the
safety zone must comply with all lawful orders or directions given to
them by the Captain of the Port or their designated representative.
(d) Enforcement period. This section will be enforced from 6 p.m.
April 14, 2023 until 6 p.m. on April 21, 2023, unless an earlier end is
announced via Broadcast Notice to Mariners on VHF-FM marine channel 16.
Dated: April 14, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Puget
Sound.
[FR Doc. 2023-08387 Filed 4-18-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 19, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.