[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3744-3746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1279]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-07-002]
RIN 1625-AA00


Safety Zone Regulations, New Tacoma Narrows Bridge Construction 
Project, Construction Vessels and Equipment Under and in Immediate 
Vicinity of West Span

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone around 
construction vessels and mooring lines under the West Span of the 
Tacoma Narrows Bridge during the deck erection phase of construction. 
This safety zone will be in effect regardless of whether construction 
vessels are present or not. This zone approximately encompasses all 
waters from the Gig Harbor shoreline to just east of the west bridge 
caissons, extending 1500 feet north and south. The Coast Guard is 
taking this action to safeguard the public from possible collision with 
the vessels or their mooring lines, chains, or cables. 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 CGD13-07-002 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 under the West Span, in a 
box bounded by the points: 47[deg]16.44'N, 122[deg]33.35'W; 
47[deg]16.34'N, 122[deg]33.04'W; 47[deg]16.1'N, 122[deg]33.33'W; 
47[deg]16.21'N, 122[deg]33.63'W, 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. 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. 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

[[Page 3745]]

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.T13-002 is added to read as follows:


Sec.  165.T13-002  Safety Zone: New Tacoma Narrows Bridge Construction 
Project, Construction Vessels and Equipment Under and in Immediate 
Vicinity of West Span.

    (a) Location. The following is a safety zone: All waters of the 
Tacoma Narrows, Washington State, within a box bounded by the points: 
47[deg]16.44[min]N, 122[deg]33.35[min]W; 47[deg]16.34[min]N, 
122[deg]33.04[min]W; 47[deg]16.1[min]N, 122[deg]33.33[min]W; and 
47[deg]16.21[min]N, 122[deg]33.63[min]W [Datum: NAD 1983]. This zone 
approximately encompasses all waters from the Gig Harbor shoreline to 
just east of the west bridge caissons, extending 1500 feet north and 
south.
    (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,

[[Page 3746]]

or other vessels authorized by the Captain of the Port or his 
designated representatives. Captain of the Port's 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. This safety 
zone will be in effect whether vessels are present or not.
    (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. E7-1279 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-15-P