[Federal Register: August 13, 2003 (Volume 68, Number 156)]
[Rules and Regulations]
[Page 48282-48284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au03-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-025]
RIN 1625-AA00
Safety Zone Regulations, New Tacoma Narrows Bridge Construction
Project
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones during
the tow and moor operations of the caissons being used 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 caissons being used to construct
piers for the new bridge. These safety hazards include, but are not
limited to, hazards to navigation, allisions with the caissons,
allisions with the caisson mooring system, and collisions with work
vessels and barges. Entry into these zones is prohibited unless
authorized by the Captain of the Port, Puget Sound or his designated
representatives.
DATES: This rule is effective from August 6, 2003 through February 6,
2004.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the U.S. Coast Guard Marine Safety Office
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington
98134. Normal office hours are between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: ENS Tyana Thayer c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, at
(206) 217-6222.
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) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication 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. The Coast Guard did not initially intend to issue a safety zone
for this project. However, recent events of boaters navigating too
close to the construction zone and reports of scuba divers diving near
the caissons make a safety zone necessary. If normal notice and comment
procedures were followed, this rule would not become effective in
sufficient time. For this reason, following normal rulemaking
procedures in this case would be impracticable and contrary to the
public interest.
Background and Purpose
The Coast Guard is adopting a temporary safety zone regulation on
the Tacoma Narrows and adjoining waters, for the Tacoma Narrows Bridge
Project. The Coast Guard has determined it is necessary to limit access
to a 250-yard radius around each of the two new bridge piers. Caissons
are being used to build the new bridge piers. The new bridge piers are
located just north of the existing Tacoma Narrows Bridge. The dangers
to persons and vessels transiting this area include, but are not
limited to, hazards to navigation, allisions with the caissons,
allisions with the caisson mooring system, and collisions with work
vessels and barges. The Coast Guard, through this action, intends to
promote the safety of persons and vessels in the area. Entry into these
zones will be prohibited unless authorized by the Captain of the Port.
Coast Guard personnel will enforce these safety zones. 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 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 rule to be so minimal that a full Regulatory Evaluation
under paragraph 10(e) of the regulatory policies and procedures of DOT
is unnecessary. This expectation is based on the fact that the
regulated area established by the regulation would encompass a small
[[Page 48283]]
area that should not impact commercial or recreational traffic. 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 will have a significant economic impact on
a substantial number of small entities. ``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 or operators of vessels intending to transit this
portion of the Tacoma Narrows when this rule 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 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601-612) that this final rule will not have a
significant economic impact on a substantial number of small entities.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed 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.
Collection of Information
This 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 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)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This rule would not impose an unfunded mandate.
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. Given the flexibility of this rule to accommodate the
special needs of mariners in the vicinity of the bridge construction,
and the Coast Guard's commitment to working with the Tribes, we have
determined that safety in the vicinity of the bridge construction
project and fishing rights protection need not be incompatible and
therefore have determined that 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.
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.
Environment
The Coast Guard's preliminary review indicates this rule is
categorically excluded from further environmental documentation under
figure 2-1, paragraph 34(g) of Commandant Instruction M16475.1D. The
environmental analysis and Categorical Exclusion Determination will be
prepared and be available in the docket for inspection and copying
where indicated under ADDRESSES. All standard environmental measures
remain in effect.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Rule
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. From August 6, 2003 through February 6, 2004, a temporary Sec.
165.T13-016 is added to read as follows:
Sec. 165.T13-016 Safety Zone Regulations; New Tacoma Narrows Bridge
Construction Project.
(a) Locations. The following areas are safety zones: All waters of
the Tacoma Narrows, Puget Sound, and adjoining waters of Washington
State, within a 250 yard radius around each of the following
coordinates (which are the
[[Page 48284]]
approximate center points of the two new bridge piers): (1)
47[deg]15'54.08'' North; 122[deg]32'49.65'' West; and (2)
47[deg]16'15.07'' North; 122[deg]33'15.95'' West [Datum: NAD 1983].
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, this Temporary Final Rule applies to any
person or vessel in the navigable waters of the United States. No
person or vessel may enter or remain in the above safety zones, unless
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) Applicable dates. This section applies from August 6, 2003
through February 6, 2004.
Dated: August 5, 2003.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 03-20652 Filed 8-12-03; 8:45 am]
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