Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Rules and Regulations 5465

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 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

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 (32)(e), of the 

Instruction, from further environmental 

documentation. Paragraph (32)(e) 

excludes the promulgation of operating 

regulations or procedures for 

drawbridges from the environmental 

documentation requirements of NEPA.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations

■ For the reasons set out in the preamble, 

the Coast Guard is amending part 117 of 

Title 33, Code of Federal Regulations as 

follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

■ 1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

§ 117.101 [Amended]

■ 2. In § 117.101, paragraph (c) is 

removed and paragraph (d) is 

redesignated paragraph (c).

Dated: January 28, 2004. 

J.W. Stark, 

Captain, U.S. Coast Guard, Commander, 8th 

Coast Guard Dist., Acting.

[FR Doc. 04–2509 Filed 2–4–04; 8:45 am] 

BILLING CODE 4910–15–P

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; change in 

effective period. 

SUMMARY: The Coast Guard is revising 

the effective period for 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 

February 6, 2004 through August 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:

LTJG. Tyana Thayer c/o Captain of the 

Port Puget Sound, 1519 Alaskan Way 

South, Seattle, Washington 98134, (206) 

217–6222.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On 13 August 2003, we published a 

temporary final rule for Tacoma 

Narrows Bridge entitled ‘‘Safety Zone 

Regulations, New Tacoma Narrows 

Bridge Construction Project’’ in Federal 

Register (68 FR 48282) under section 

165.T13–016. This temporary final rule 

extends the effective period until 6 

August 2004. 

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. 

On January 13, 2004, the State of 

Washington Department of 

Transportation (WADOT) informed the 

Coast Guard that the contractors 

involved in the new Tacoma Narrows 

Bridge construction project had fallen 

behind schedule and requested an 

extension. Accordingly, the dangers that 

exist because of this bridge construction 

will continue to exist after February 6, 

2004. The Coast Guard continues to 

receive reports of boaters navigating too 

close to the construction zone and 

reports of scuba divers diving near the 

caissons necessitate extending the 

effective period of this safety zone. 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 

As of today, the need for a safety zone 

still exists. The Coast Guard is 

extending the temporary safety zone 

regulation on the Tacoma Narrows and 

adjoining waters, for the Tacoma 

Narrows Bridge Project through August 

6, 2004. 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 includes, 

but is 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 

5466 Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Rules and Regulations 

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 DHS is unnecessary. This 

expectation is based on the fact that the 

regulated area established by the 

regulation would encompass a small 

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 et seq.), we considered 

whether this rule would 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 et seq.) 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 (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 process. 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 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 does 

not impose an unfunded mandate. 

Taking of Private Property 

This rule does 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 are 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.

■ For the reasons set out in the preamble, 

the Coast Guard amends Part 165 of Title 

Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Rules and Regulations 5467

33, Code of Federal Regulations, as 

follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 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.

■ 2. From February 6, 2004 until August 

6, 2004, temporary § 165.T13–016 is 

reinstated and revised to read as follows:

§ 165.T13–016 Safety Zone Regulations, 

New Tacoma Narrows Bridge Construction 

Project. 

(a) Location. 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 

approximate center points of the two 

new bridge piers): (1) 47 degrees, 15 

minutes, 54.08 seconds North; 122 

degrees, 32 minutes, 49.65 seconds 

West; and (2) 47 degrees, 16 minutes, 

15.07 seconds North; 122 degrees, 33 

minutes, 15.95 seconds 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) Effective dates. This section is 

effective from February 6, 2004 until 

August 6, 2004.

Dated: January 26, 2004. 

Danny Ellis, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound.

[FR Doc. 04–2514 Filed 2–4–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–015] 

RIN 1625–AA00 

Safety Zone; Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a safety zone encompassing 

the Delaware River between the TaconyPalmyra Bridge and Trenton Falls, 

Trenton, New Jersey. This safety zone is 

necessary to provide for the safety of life 

and property and to facilitate commerce. 

This safety zone limits transits to steel 

hulled vessels transiting only during 

daylight hours due to the hazards 

created by the ice.

DATES: This rule is effective from 

January 23, 2004 to March 15, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

015 and are available for inspection or 

copying at Coast Guard Marine Safety 

Office Philadelphia, One Washington 

Avenue, Philadelphia, Pennsylvania 

19147, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Kevin Sligh or 

Ensign Jill Munsch, Coast Guard Marine 

Safety Office/Group Philadelphia, at 

(215) 271–4889.

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 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing an NPRM 

and for making this regulation effective 

less than 30 days after publication in the 

Federal Register. Publishing an NPRM 

and delaying its effective date would be 

contrary to public interest, since 

immediate action is needed to protect 

mariners against the hazards associated 

with ice conditions on the Delaware 

River. Record cold temperatures causing 

ice to form at a greater than normal rate 

made it impracticable and dangerous to 

mariners to delay publishing this safety 

zone. 

Background and Purpose 

During a moderate or severe winter, 

frozen waterways present numerous 

hazards to vessels. Ice in a waterway 

may hamper a vessel’s ability to 

maneuver, and could cause visual aids 

to navigation to be submerged, 

destroyed or moved off station. Ice 

abrasions and ice pressure could also 

compromise a vessel’s watertight 

integrity, and non-steel hulled vessels 

would be exposed to a greater risk of 

hull breach.

When ice conditions develop to a 

point where vessel operations become 

unsafe, it becomes necessary to impose 

operating restrictions to ensure the safe 

navigation of vessels. Captains of the 

Port have the authority (33 CFR part 

160, subpart B) to restrict and manage 

vessel movement by implementing a 

safety zone. The Captain of the Port 

Philadelphia is establishing a safety 

zone on the Delaware River that will 

restrict access through the safety zone to 

only those vessels with steel hulls and 

allow for daylight only transits for all 

vessels through the safety zone during 

Ice Condition Two. 

The purpose of this regulation is to 

promote maritime safety, and to protect 

the environment and mariners transiting 

the area from the potential hazards due 

to ice conditions that become a threat to 

navigation. This rule establishes a safety 

zone encompassing the Delaware River 

between the Tacony-Palmyra Bridge and 

Trenton Falls, Trenton, New Jersey. 

Discussion of Temporary Final Rule 

This rule limits access to the safety 

zone to only those vessels authorized to 

enter and operate safely within the 

zone. Vessels not meeting the operating 

requirements established by this 

temporary rule will not be allowed to 

enter the safety zone. During an 

emergency situation, a vessel not 

meeting the operating requirements may 

obtain permission from the Captain of 

the Port Philadelphia prior to entering 

the safety zone during the effective 

periods. The Captain of the Port will 

notify the maritime community, via 

marine broadcasts, of the current ice 

conditions and the restrictions imposed 

under those conditions. 

Ice condition Three is the readiness 

condition in which weather conditions 

are favorable for the formation of ice in 

the navigable waters of the Delaware 

River/Bay C&D Canal. Daily reports for 

the Coast Guard Stations and 

commercial vessels are monitored. 

Ice Condition Two is the alert 

condition in which ice begins to form in 

the upper Delaware River/Bay and C&D 

Canal. The Captain of the Port 

Philadelphia may impose shaft 

horsepower and hull type restrictions. 

Ice Condition One is the emergency 

condition in which ice has largely 

covered the upper Delaware River/Bay