50974 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

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 a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$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 will not affect 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 

would not create an environmental risk 

to health or risk to safety that might 

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. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it 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.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. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 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. 

■ 2. In § 117.353, add paragraph (c) to 

read as follows: 

§ 117.353 Atlantic Intracoastal Waterway, 

Savannah River to St. Marys River. 

* * * * * 

(c) Skidaway, SR 204, mile 592.9 near 

Savannah. The draw shall open on 

signal, except that from 6:31 a.m. to 8:59 

a.m. Monday through Friday except 

Federal holidays, the draw need open 

only on the hour, and from 4:31 p.m. to 

6:29 p.m. Monday through Friday 

except Federal holidays, the draw need 

open only on the hour and half hour. 

* * * * * 

Dated: August 9, 2005. 

D.B. Peterman, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 05–17095 Filed 8–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD13–05–033] 

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 extending 

the effective period for a temporary 

safety zone during preconstruction 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 cable 

wires and cable bands being used to 

construct the catwalk for the new 

bridge. Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Puget Sound or his designated 

representatives. 

DATES: The effective period for the 

temporary final rule published at 70 FR 

45537, August 8, 2005, is extended from 

August 20, 2005, through September 8, 

2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD13–05–

033 and are available for inspection or 

copying at Coast Guard Sector Seattle, 

Waterways Management Division, 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 Jessica Hagen, 

Waterways Management Division, Coast 

Guard Sector Seattle, at (206) 217–6232. 

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 50975 

Background and Purpose 

On August 8, 2005, we published a 

temporary final rule for Tacoma 

Narrows Bridge entitled ‘‘Safety Zone 

Regulations, New Tacoma Narrows 

Bridge Construction Project’’ in Federal 

Register (70 FR 45537) under §165.T13–

013. This temporary final rule extends 

the effective period until September 8, 

2005. 

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 the date of the event. 

Discussion of Rule 

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 

September 8, 2005. The Coast Guard has 

determined it is necessary to limit 

access to 250 yards on either side of a 

line from the approximate position of 

47°16′15′′ N, 122°33′15′′ W, to 

47°15′54′′ N, 122°32′49′′ W, to 

47°15′49′′ N, 122°32′43′′ W, in order to 

safeguard people and property from 

hazards associated with this project. 

These safety hazards include, but are 

not limited to, hazards to navigation, 

collisions with the 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 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 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. 

601–612) 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 

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 

We have analyzed this temporary 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) 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 

50976 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

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, 

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. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends part 

165 of title 33, Code of Federal 

Regulations, as follows: 

PART 165—[AMENDED] 

■ 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. Section 165.T13–013 is extended 

and revised to read as follows: From 5 

a.m. to 9 p.m. from August 20 to 

September 8, 2005, a temporary 

§165.T13–013 is added to read as 

follows: 

§ 165.T13–013 Safety Zone Regulations, 

New Tacoma Narrows Bridge Construction 

Project. 

(a) Location. The following area is a 

safety zone: All waters of the Tacoma 

Narrows, Puget Sound, Washington 

State, within 250 yards on either side of 

a line with the points of 47°16′15′′ N, 

122°33′15′′ W, to 47°15′54′′ N, 

122°32′49′′ W, to 47°15′49′′ N, 

122°32′43′′ W. [Datum: NAD 1983] 

(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. 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) Enforcement period. This section 

will be enforced from 5 a.m. until 9 

p.m., Pacific Daylight Time, from 

August 20 to September 8, 2005, except 

for Sundays and September 5, 2005. 

Dated: August 16, 2005. 

Stephen P. Metruck, 

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

Port, Puget Sound. 

[FR Doc. 05–17091 Filed 8–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–05–115] 

RIN 1625–AA00 

Safety Zone; Irish Festival Currach 

Races, Lake Michigan, Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Michigan, in Milwaukee, WI. This 

zone is intended to restrict vessels from 

a portion of Lake Michigan during the 

Irish Festival Currach Races. This 

temporary safety zone is necessary to 

protect spectators and vessels from the 

hazards associated with boat races. 

DATES: This rule is in effect from 12 p.m. 

(local) on August 20, 2005 through 6 

p.m. (local) on August 21, 2005. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket [CGD09–05–115] and are 

available for inspection or copying at 

U.S. Coast Guard Sector Lake Michigan, 

2420 S. Lincoln Memorial Dr, 

Milwaukee, WI 53207 between 7 a.m. 

(local) and 3:30 p.m. (local), Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Marine Science Technician Chief 

Harold Millsap, Prevention Department, 

Sector Lake Michigan, 2420 S. Lincoln 

Memorial Dr, Milwaukee, WI 53207, 

(414) 747–7155. 

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. The permit 

application was not received in time to 

publish an NPRM followed by a final 

rule before the effective date. Under 5 

U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during this event and immediate 

action is necessary to prevent possible 

loss of life or property. The Coast Guard 

has not received any complaints or 

negative comments previously with 

regard to this event.