[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Rules and Regulations]
[Pages 48282-48284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20652]


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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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