[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3742-3744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1278]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-07-003]
RIN 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. January 16, 2007 to 11:59 
p.m. January 31, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-07-003 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),

[[Page 3743]]

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 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. A final ``Environmental Analysis Checklist'' 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 12:01 a.m. January 16, 2007 to 11:59 p.m. January 31, 2007, a 
temporary Sec.  165.T13-003 is added to read as follows:


Sec.  165.T13-003  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. Captain of the Port's

[[Page 3744]]

designated representatives include any U.S. Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port, Puget Sound to act on his behalf. 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. January 
16, 2007 to 11:59 p.m. January 31, 2007.

    Dated: January 12, 2007.
Mark J. Huebschman,
Commander, U.S. Coast Guard, Acting Captain of the Port, Puget Sound.
[FR Doc. E7-1278 Filed 1-25-07; 8:45 am]
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