[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Rules and Regulations]
[Pages 61903-61905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17575]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-06-047]
RIN 1625-AA00


Safety Zone Regulations; Tacoma Narrows Waterway, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 61904]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Puget Sound including the waters of Tacoma Narrows, WA. New 
power lines are being strung over the Tacoma Narrows Waterway. This may 
pose a significant threat to public safety, to vessels and their 
occupants transiting the Tacoma Narrows Waterway. The Coast Guard is 
establishing this zone to ensure the safety of all persons and vessels 
transiting the Tacoma Narrows Waterway. 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. September 22, 2006 to 
11:59 p.m. (PDT) October 22, 2006 during periods in which power line 
installation work is being conducted above the waters of the Tacoma 
Narrows or unless sooner cancelled by the Captain of the Port.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-06-047 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 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jes Hagen, c/o 
Captain of the Port Puget Sound, 1519 Alaskan Way South, Seattle, 
Washington 98134, (206) 217-6200.

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 public interest because immediate action is necessary to 
ensure the safety of vessels and persons that transit in the vicinity 
of the power line installation on the Tacoma Narrows Waterway, WA. If 
normal notice and comment procedures were followed, this rule would not 
become effective until after the installation period. For the same 
reasons, the Coast Guard finds good cause under 5 U.S.C. 553(d)(3) 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 to ensure 
the safety of all persons and vessels transiting the Tacoma Narrows 
Waterway due to potential falling cable, or other falling objects. The 
safety zone is needed to protect watercraft and their occupants from 
the hazards associated with the installation of new power lines over a 
navigable body of water.

Discussion of Rule

    This rule, for safety reasons, will control vessels, personnel and 
individual movements in a safety zone including the entire Tacoma 
Narrows Waterway, 100 yards North and South of the Tacoma Narrows power 
line project. The safety zone includes all waters within the Tacoma 
Narrows Waterway, Washington State, 100 yards North and South of a line 
from point 47[deg]17'04.8'' North, 122[deg]33'03.6'' West to 47[deg]16' 
31.38'' North, 122[deg]31'48.24'' West.
    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. 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 safety zone would encompass a 
small area that should not significantly 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 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``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 and operators of vessels intending to 
transit this portion of the Tacoma Narrows Waterway during the time 
this regulation 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 5 U.S.C. 605(b) 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 they can better evaluate its 
effects on them and participate in the rulemaking. If you believe 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 ccompliance on them. We have analyzed this 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

[[Page 61905]]

$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 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. We have determined that this safety zone and fishing 
rights protection need not be incompatible. We have also determined 
that this Temporary Final 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. 
Nevertheless, Indian Tribes that have questions concerning the 
provisions of this Temporary Final Rule or options for compliance are 
encouraged to contact the point of contact listed under FOR FURTHER 
INFORMATION CONTACT.

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, 
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. 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 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. Add a new Sec.  165.T13-035 to read as follows:


Sec.  165.T13-035  Safety Zone: Tacoma Narrows Waterway, 100 yards 
North and South of the Tacoma Narrows power line project, WA.

    (a) Location. The following area is a safety zone: All waters, from 
surface to bottom, within the Tacoma Narrows Waterway, Washington 
State, 100 yards North and South of a line from point 
47[deg]17[min]04.08[sec] North, 122[deg]33[min]03.6[sec] West to 
47[deg]16[min]31.38[sec] North, 122[deg]31[min]48.24[sec] West.
    (b) Definitions. (1) Designated representative means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port 
(COTP), Puget Sound, in the enforcement of the safety zone.
    (2) [Reserved]
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP, Puget Sound, or the COTP's 
designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or the COTP's designated representative.
    (d) Enforcement Period. This section is effective from 12:01 a.m. 
(PDT) September 22, 2006 to 11:59 p.m. (PDT) October 22, 2006. The 
safety zone will be enforced during this period when power line 
installation work is being conducted above the waters of the Tacoma 
Narrows.

    Dated: September 22, 2006.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E6-17575 Filed 10-19-06; 8:45 am]
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