[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Rules and Regulations]
[Page 47452-47454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au06-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-06-027]
RIN 1625-AA00
Safety Zone Regulations, New Tacoma Narrows Bridge Construction
Project, Construction Barge ``MARMACK 12'', Tacoma Narrows, Gig Harbor,
WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
the Barge ``MARMACK 12'', Official Number 1024657, while it is being
used for the New Tacoma Narrows Bridge Construction Project. The zone
will extend 500 feet in all directions from the barge, and will be in
effect at all times during the duration of this rule. This zone is only
in effect while the barge is on the navigable waters of the United
States, in the Tacoma Narrows. The Coast Guard is taking this action to
safeguard the public from possible collision with the barge and the
deck sections it is carrying, and from hazards associated with
navigating in the vicinity of the barge during construction operations.
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 a.m. (PST) June 19, 2006 to 12
a.m. (PST) November 16, 2006, unless sooner cancelled or extended by
the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-06-027 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 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Erica
Govednik, Waterways Management Division, Coast Guard Sector Seattle, at
(206) 217-6138.
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 the public interest since immediate action is
[[Page 47453]]
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 construction activities were already taking place.
For the same reasons, the Coast Guard finds that, under 5 U.S.C.
553(d)(3), good cause exists 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 on the
waters of Tacoma Narrows, Washington, for the New Tacoma Narrows Bridge
construction project. The Coast Guard has determined it is necessary to
restrict access to the certain waters under the West Span in order to
safeguard people and property from hazards associated with the presence
of construction vessels and equipment in that area. These safety
hazards include, but are not limited to, hazards to navigation,
collisions with mooring cables, and collisions with work vessels and
barges.
Discussion of Rule
The Coast Guard is adopting a temporary safety zone regulation on
the waters of Tacoma Narrows, Washington, for the New Tacoma Narrows
Bridge construction project. The Coast Guard has determined it is
necessary to restrict access to the waters within 500 feet of the
construction barge ``MARMACK'', in order to safeguard people and
property from hazards associated with navigating in the vicinity of
moving construction equipment. These safety hazards include, but are
not limited to, hazards to navigation, collisions with the barge or its
cargo, and disturbance of the load on the barge, which could fall or
shift, injuring anyone in the vicinity. 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 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 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 the 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 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 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
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 compliance on them. We have analyzed this temporary rule
under that Order 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 an 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
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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.
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
and Department of Homeland Security Management Directive 5100.1, which
guide 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 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: 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 12 a.m. (PST) June 19, 2006 to 12 a.m. (PST) November 16, 2006,
add temporary Sec. 165.T13-026 to read as follows:
Sec. 165.T13-026 Safety Zone: New Tacoma Narrows Bridge Construction
Project, Construction Barge ``MARMACK 12'' Tacoma Narrows, Gig Harbor,
WA.
(a) Location. The following is a safety zone: All waters of the
Tacoma Narrows, Washington State, from surface to bottom, within 500
feet of the construction barge ``MARMACK 12'', official number 1024657.
(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) Effective period. This section is effective from 12 a.m. (PST)
June 19, 2006 to 12 a.m. (PST) November 16, 2006, unless sooner
cancelled or extended by the Captain of the Port.
Dated: June 15, 2006.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E6-13563 Filed 8-16-06; 8:45 am]
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