[Federal Register: August 29, 2005 (Volume 70, Number 166)]
[Rules and Regulations]
[Page 50974-50976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-033]
RIN 1625-AA00
Safety Zone Regulations, New Tacoma Narrows Bridge Construction
Project
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; change in effective period.
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SUMMARY: The Coast Guard is extending the effective period for a
temporary safety zone during preconstruction for the Tacoma Narrows
Bridge construction project. The Coast Guard is taking this action to
safeguard the public from hazards associated with the transport and
construction of the cable wires and cable bands being used to construct
the catwalk for the new bridge. Entry into this zone is prohibited
unless authorized by the Captain of the Port, Puget Sound or his
designated representatives.
DATES: The effective period for the temporary final rule published at
70 FR 45537, August 8, 2005, is extended from August 20, 2005, through
September 8, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-05-033 and are available for
inspection or copying at Coast Guard Sector Seattle, Waterways
Management Division, 1519 Alaskan Way South, Seattle, WA 98134, between
8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen,
Waterways Management Division, Coast Guard Sector Seattle, at (206)
217-6232.
SUPPLEMENTARY INFORMATION:
[[Page 50975]]
Background and Purpose
On August 8, 2005, we published a temporary final rule for Tacoma
Narrows Bridge entitled ``Safety Zone Regulations, New Tacoma Narrows
Bridge Construction Project'' in Federal Register (70 FR 45537) under
Sec. 165.T13-013. This temporary final rule extends the effective
period until September 8, 2005.
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
has not been published for this regulation and good cause exists for
making it effective without publication of an NPRM in the Federal
Register. Publishing a NPRM would be contrary to public interest since
immediate action is necessary to ensure the safety of vessels and
persons that transit in the vicinity of the Tacoma Narrows Bridge. If
normal notice and comment procedures were followed, this rule would not
become effective until after the date of the event.
Discussion of Rule
As of today, the need for a safety zone still exists. The Coast
Guard is extending the temporary safety zone regulation on the Tacoma
Narrows and adjoining waters, for the Tacoma Narrows Bridge Project
through September 8, 2005. The Coast Guard has determined it is
necessary to limit access to 250 yards on either side of a line from
the approximate position of 47[deg]16'15'' N, 122[deg]33'15'' W, to
47[deg]15'54'' N, 122[deg]32'49'' W, to 47[deg]15'49'' N,
122[deg]32'43'' W, in order to safeguard people and property from
hazards associated with this project. These safety hazards include, but
are not limited to, hazards to navigation, collisions with the cables,
and collisions with work vessels and barges. The Coast Guard, through
this action, intends to promote the safety of personnel, vessels, and
facilities in the area. Entry into this zone will be prohibited unless
authorized by the Captain of the Port or his representative. This
safety zone will be enforced by Coast Guard personnel. The Captain of
the Port may be assisted by other Federal, State, or local agencies.
Regulatory Evaluation
This temporary rule is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Homeland Security (DHS).
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DHS is unnecessary. This
expectation is based on the fact that the regulated area established by
this regulation would encompass a small area that should not impact
commercial or recreational traffic. For the above reasons, the Coast
Guard does not anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
this portion of Tacoma Narrows during the time this regulation is in
effect. The zone will not have a significant economic impact on a
substantial number of small entities due to its short duration and
small area. Because the impacts of this rule are expected to be so
minimal, the Coast Guard certifies under 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601-612) that this temporary rule will not
have a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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).
Collection of Information
This temporary rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this temporary rule under Executive Order 13132
and have determined that this rule does not have implications for
federalism under that Order.
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 State, local, or tribal government, in the
aggregate, or the private sector of $100,000,000 or more in any one
year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This temporary rule would not effect a taking of private property
or otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This temporary rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian tribal governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the federal government and
Indian tribes, or on the
[[Page 50976]]
distribution of power and responsibilities between the federal
government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends part
165 of title 33, Code of Federal Regulations, as follows:
PART 165--[AMENDED]
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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Section 165.T13-013 is extended and revised to read as follows: From
5 a.m. to 9 p.m. from August 20 to September 8, 2005, a temporary
Sec. 165.T13-013 is added to read as follows:
Sec. 165.T13-013 Safety Zone Regulations, New Tacoma Narrows Bridge
Construction Project.
(a) Location. The following area is a safety zone: All waters of
the Tacoma Narrows, Puget Sound, Washington State, within 250 yards on
either side of a line with the points of 47[deg]16'15'' N,
122[deg]33'15'' W, to 47[deg]15'54'' N, 122[deg]32'49'' W, to
47[deg]15'49'' N, 122[deg]32'43'' W. [Datum: NAD 1983]
(b) Regulations. In accordance with the general regulations in
Section 165.23 of this part, no person or vessel may enter or remain in
the zone except for those persons involved in the construction of the
new Tacoma Narrows Bridge, supporting personnel, or other vessels
authorized by the Captain of the Port or his designated
representatives. Vessels and persons granted authorization to enter the
safety zone shall obey all lawful orders or directions of the Captain
of the Port or his designated representative.
(c) Enforcement period. This section will be enforced from 5 a.m.
until 9 p.m., Pacific Daylight Time, from August 20 to September 8,
2005, except for Sundays and September 5, 2005.
Dated: August 16, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-17091 Filed 8-26-05; 8:45 am]
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