[Federal Register: December 18, 2006 (Volume 71, Number 242)]
[Rules and Regulations]
[Page 75668-75669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de06-7]
[[Page 75668]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-06-053]
IN 1625-AA00
Safety Zone Regulations, New Tacoma Narrows Bridge Construction
Project, Construction Barge ``MARMACK 12''
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 12:01 a.m. November 16, 2006 to
11:59 p.m. January 16, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-06-053 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 Jes Hagen,
Waterways Management Division, Coast Guard Sector Seattle, at (206)
217-6958.
SUPPLEMENTARY INFORMATION:
Background and Purpose
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 construction activities were already
taking place. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Making the rule effective after 30
days of publication in the Federal Register 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 construction activities
were already taking place.
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 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 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, and the
limited duration of the impacts to navigation caused by the zone.
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).
[[Page 75669]]
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 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 $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 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
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
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 12:01 a.m. November 16, 2006 to 11:59 p.m. January 16, 2007, a
temporary Sec. 165.T13-040 is added to read as follows:
Sec. 165.T13-040 Safety Zone: New Tacoma Narrows Bridge Construction
Project, Construction Barge ``MARMACK 12''.
(a) Location. The following is a safety zone: All waters of the
Tacoma Narrows, Washington State, 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) Applicable dates. This section applies from 12:01 a.m. November
16, 2006 to 11:59 p.m. January 16, 2007.
Dated: November 15, 2006.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E6-21456 Filed 12-15-06; 8:45 am]
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