[Federal Register: October 20, 2006 (Volume 71, Number 203)]
[Rules and Regulations]
[Page 61903-61905]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc06-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-06-047]
RIN 1625-AA00
Safety Zone Regulations; Tacoma Narrows Waterway, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 61904]]
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Puget Sound including the waters of Tacoma Narrows, WA. New
power lines are being strung over the Tacoma Narrows Waterway. This may
pose a significant threat to public safety, to vessels and their
occupants transiting the Tacoma Narrows Waterway. The Coast Guard is
establishing this zone to ensure the safety of all persons and vessels
transiting the Tacoma Narrows Waterway. Entry into this zone is
prohibited unless authorized by the Captain of the Port, Puget Sound or
his designated representatives.
DATES: This rule is effective from 12:01 a.m. September 22, 2006 to
11:59 p.m. (PDT) October 22, 2006 during periods in which power line
installation work is being conducted above the waters of the Tacoma
Narrows or unless sooner cancelled by the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-06-047 and are available for
inspection or copying at the Waterways Management Division, Coast Guard
Sector Seattle, 1519 Alaskan Way South, Seattle, WA. 98134, between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jes Hagen, c/o
Captain of the Port Puget Sound, 1519 Alaskan Way South, Seattle,
Washington 98134, (206) 217-6200.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
contrary to public interest because immediate action is necessary to
ensure the safety of vessels and persons that transit in the vicinity
of the power line installation on the Tacoma Narrows Waterway, WA. If
normal notice and comment procedures were followed, this rule would not
become effective until after the installation period. For the same
reasons, the Coast Guard finds good cause under 5 U.S.C. 553(d)(3) for
making this rule effective less than 30 days after publication in the
Federal Register.
Background and Purpose
The Coast Guard is establishing a temporary safety zone to ensure
the safety of all persons and vessels transiting the Tacoma Narrows
Waterway due to potential falling cable, or other falling objects. The
safety zone is needed to protect watercraft and their occupants from
the hazards associated with the installation of new power lines over a
navigable body of water.
Discussion of Rule
This rule, for safety reasons, will control vessels, personnel and
individual movements in a safety zone including the entire Tacoma
Narrows Waterway, 100 yards North and South of the Tacoma Narrows power
line project. The safety zone includes all waters within the Tacoma
Narrows Waterway, Washington State, 100 yards North and South of a line
from point 47[deg]17'04.8'' North, 122[deg]33'03.6'' West to 47[deg]16'
31.38'' North, 122[deg]31'48.24'' West.
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. 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 rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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.
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
expectation is based on the fact that the safety zone would encompass a
small area that should not significantly 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
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
include 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 and operators of vessels intending to
transit this portion of the Tacoma Narrows Waterway during the time
this regulation is in effect. The zone will not have a significant
economic impact 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 5 U.S.C. 605(b) 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 they can better evaluate its
effects on them and participate in the rulemaking. If you believe 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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of ccompliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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
[[Page 61905]]
$100,000,000 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.
Taking of Private Property
This 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 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
The Coast Guard recognizes the rights of Native American Tribes
under the Stevens Treaties. Moreover, the Coast Guard is committed to
working with Tribal Governments to implement local policies to mitigate
tribal concerns. We have determined that this safety zone and fishing
rights protection need not be incompatible. We have also determined
that this Temporary Final 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.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this Temporary Final Rule or options for compliance are
encouraged to contact the point of contact listed under FOR FURTHER
INFORMATION CONTACT.
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. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons set out 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. 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. Add a new Sec. 165.T13-035 to read as follows:
Sec. 165.T13-035 Safety Zone: Tacoma Narrows Waterway, 100 yards
North and South of the Tacoma Narrows power line project, WA.
(a) Location. The following area is a safety zone: All waters, from
surface to bottom, within the Tacoma Narrows Waterway, Washington
State, 100 yards North and South of a line from point
47[deg]17[min]04.08[sec] North, 122[deg]33[min]03.6[sec] West to
47[deg]16[min]31.38[sec] North, 122[deg]31[min]48.24[sec] West.
(b) Definitions. (1) 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
(COTP), Puget Sound, in the enforcement of the safety zone.
(2) [Reserved]
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP, Puget Sound, or the COTP's
designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative.
(d) Enforcement Period. This section is effective from 12:01 a.m.
(PDT) September 22, 2006 to 11:59 p.m. (PDT) October 22, 2006. The
safety zone will be enforced during this period when power line
installation work is being conducted above the waters of the Tacoma
Narrows.
Dated: September 22, 2006.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E6-17575 Filed 10-19-06; 8:45 am]
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