[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Rules and Regulations]
[Pages 5465-5467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2514]


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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; change in effective period.

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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

[[Page 5466]]

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.

0
For the reasons set out in the preamble, the Coast Guard amends Part 
165 of Title

[[Page 5467]]

33, Code of Federal Regulations, 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.

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2. From February 6, 2004 until August 6, 2004, temporary Sec. 165.T13-
016 is reinstated and revised to read as follows:


 Sec. 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]
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