[Federal Register: February 5, 2004 (Volume 69, Number 24)]
[Rules and Regulations]
[Page 5465-5467]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe04-9]
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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; change in effective period.
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SUMMARY: The Coast Guard is revising the effective period for 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 February 6, 2004 through August 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: LTJG. Tyana Thayer c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134,
(206) 217-6222.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On 13 August 2003, we published a temporary final rule for Tacoma
Narrows Bridge entitled ``Safety Zone Regulations, New Tacoma Narrows
Bridge Construction Project'' in Federal Register (68 FR 48282) under
section 165.T13-016. This temporary final rule extends the effective
period until 6 August 2004.
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. On January 13, 2004, the State of Washington Department of
Transportation (WADOT) informed the Coast Guard that the contractors
involved in the new Tacoma Narrows Bridge construction project had
fallen behind schedule and requested an extension. Accordingly, the
dangers that exist because of this bridge construction will continue to
exist after February 6, 2004. The Coast Guard continues to receive
reports of boaters navigating too close to the construction zone and
reports of scuba divers diving near the caissons necessitate extending
the effective period of this safety zone. 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
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 August 6, 2004. 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
includes, but is 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
[[Page 5466]]
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 DHS is
unnecessary. This expectation is based on the fact that the regulated
area established by the regulation would encompass a small 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 et seq.), we
considered whether this rule would 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 et seq.) 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 (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 process. 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 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 does not impose an unfunded mandate.
Taking of Private Property
This rule does 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 are
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.
0
For the reasons set out in the preamble, the Coast Guard amends Part
165 of Title
[[Page 5467]]
33, Code of Federal Regulations, 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 February 6, 2004 until August 6, 2004, temporary Sec. 165.T13-
016 is reinstated and revised to read as follows:
Sec. 165.T13-016 Safety Zone Regulations, New Tacoma Narrows Bridge
Construction Project.
(a) Location. 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 approximate center points of the two new
bridge piers): (1) 47 degrees, 15 minutes, 54.08 seconds North; 122
degrees, 32 minutes, 49.65 seconds West; and (2) 47 degrees, 16
minutes, 15.07 seconds North; 122 degrees, 33 minutes, 15.95 seconds
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) Effective dates. This section is effective from February 6,
2004 until August 6, 2004.
Dated: January 26, 2004.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 04-2514 Filed 2-4-04; 8:45 am]
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