Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, 42491-42493 [05-14590]
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Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Rules and Regulations
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 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 (34)(g), of the
Instruction, from further environmental
documentation because this is a safety
zone. A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are 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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165, as follows:
I
VerDate jul<14>2003
14:59 Jul 22, 2005
Jkt 205001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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.
I 2. A new temporary § 165.T07–092 is
added to read as follows:
§ 165.T07–092 Safety Zone, Sisters Creek,
Jacksonville, FL.
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone
around a firework launch site at Sisters
Creek Marina, Jacksonville, Florida
located at 30°23.87′ N, 081°27.46′ W.
The regulated area includes all waters
within 500 yards in any direction from
the fireworks launch site located at
Sisters Creek Marina.
(b) Definitions. The following
definitions apply to this section:
Designated representative means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and federal, state,
and local officers designated by or
assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement
of the regulated navigation areas and
security zones.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, anchoring, mooring or
transiting in the Regulated Area is
prohibited unless authorized by the
Coast Guard Captain of the Port
Jacksonville, FL or his designated
representative.
(d) Dates. This rule is effective from
9 p.m. on July 23, 2005, until 10 p.m.
on July 23, 2005.
Dated: July 13, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 05–14589 Filed 7–22–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–05–028]
RIN 1625–AA00
Safety Zone Regulations, New Tacoma
Narrows Bridge Construction Project
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00007
Fmt 4700
Sfmt 4700
ACTION:
42491
Temporary final rule.
SUMMARY: The Coast Guard is
establishing 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.
This rule is effective daily 5 a.m.
to 9 p.m., Pacific Daylight Time, from
July 19 to July 30, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD13–05–
028 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 Jessica Hagen,
Waterways Management Division, Coast
Guard Sector Seattle, at (206) 217–6958.
SUPPLEMENTARY INFORMATION:
DATES:
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 the date of the event.
Discussion of Rule
The Coast Guard is adopting a
temporary safety zone regulation on the
waters of Tacoma Narrows, Washington,
for the Tacoma Narrows Bridge
construction project. 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′23″ N, 122°33′25″ W, the Gig
Harbor shoreline in the vicinity of Point
Evans, to 47°16′15″ N, 122°33′15″ 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,
E:\FR\FM\25JYR1.SGM
25JYR1
42492
Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Rules and Regulations
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 these zones will be
prohibited unless authorized by the
Captain of the Port or his representative.
These safety zones 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.
VerDate jul<14>2003
14:59 Jul 22, 2005
Jkt 205001
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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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
E:\FR\FM\25JYR1.SGM
25JYR1
Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Rules and Regulations
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 Recordkeeping
Requirements, Security Measures,
Waterways.
I 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
1. The authority citation for part 165
continues to read as follows:
I
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 5 a.m. to 9 p.m. from July 19
to July 30, 2005, a temporary § 165.T13–
010 is added to read as follows:
I
§ 165.T13–010 Safety Zone: New Tacoma
Narrows Bridge Construction Project.
(a) Location. The following is a safety
zone: All waters of the Tacoma Narrows,
Washington State, within 250 yards on
either side of a line with the points of
47°16′23″ N, 122°33′25″ W, the Gig
Harbor Shore, to 47°16′15″ N,
122°33′15″ 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) Applicable dates. This section
applies from 5 a.m. until 9 p.m., Pacific
Daylight Time, from July 19 to July 30,
2005.
VerDate jul<14>2003
14:59 Jul 22, 2005
Jkt 205001
Dated: July 14, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 05–14590 Filed 7–22–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–05–072]
RIN 1625–AA00
Safety and Security Zones: Liquefied
Hazardous Gas Vessel, Liquefied
Hazardous Gas Facility and
Designated Vessel Transits, New York
Marine Inspection Zone and Captain of
the Port Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily suspending a portion of the
regulation relating to security zones
around Designated Vessels within the
Captain of the Port New York Zone, and
adding a temporary section to allow the
Captain of the Port to protect Mass
Transit Ferries and other vessels that are
certificated to carry 150 or more
passengers as Designated Vessels. This
action is necessary to safeguard these
vessels from sabotage, subversive acts,
or other threats. This rule prohibits
entry into or movement within these
security zones without permission from
the Captain of the Port of New York.
DATES: This rule is effective from July 8,
2005 until January 8, 2006.
ADDRESSES: Documents as indicated in
this preamble are available for
inspection and copying at Coast Guard
Sector New York, 212 Coast Guard
Drive, room 301, Staten Island, New
York 10305, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Commander Brian Willis, Waterways
Management Division, Coast Guard
Sector New York, at (718) 354–4220.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Pursuant to 5 U.S.C. 553, a notice of
proposed rulemaking (NPRM) was not
published for this regulation, and good
cause exists for making it effective less
than 30 days after Federal Register
publication. Due to the potential threats
of terrorist attacks against public mass
transit systems and other means of
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
42493
conveyance, as illustrated by the attacks
in London, UK on July 7, 2005, this
rulemaking is urgently necessary to
protect mass transit vessels and other
vessels certificated to carry 150
passengers or more, regional
infrastructure, and the public from
waterborne attack and subversive
activity. Any delay in the establishment
and enforcement of this regulation’s
effective date would be clearly contrary
to public interest since immediate
action is needed to protect the public
and the United States’ interests against
similar acts of terrorism.
Background and Purpose
On July 7, 2005 the mass transit
system in London, UK was devastated
by simultaneous explosive attacks
resulting in numerous fatalities and
injuries. These attacks illustrate the
potential vulnerability of mass transit
systems and other means of passenger
conveyance within the United States,
including those maritime transit
systems such as Mass Transit Ferries
and other vessels certificated to carry
150 passengers or more. These acts were
unforeseen and accomplished without
warning. These security zones are
needed to protect and safeguard the
public, vessels, and vessel crews from
consequences of attacks of similar
nature.
Discussion of Rule
The Coast Guard is temporarily
suspending the regulations contained in
33 CFR 165.160 relating to Designated
Vessels found in paragraphs (a)(2) and
(b), replacing them with a temporary
regulation containing a revised
definition of ‘‘Designated Vessel.’’ The
temporary section will decrease the
number of passengers a vessel must be
certificated to carry to qualify for
Designated Vessel status from 500 to
150 and increases the types of vessels
that the Captain of the Port (COTP) may
effectuate in the security zone. This will
allow the COTP to establish a security
zone on all waters within 100 yards of
any Mass Transit Ferry or any other
passenger vessel certificated to carry
150 or more passengers that operates
within the New York Captain of the Port
Zone. Requirements from paragraph
165.160(c) will still apply to the
temporary rule. All other requirements
and stipulations contained in
paragraphs (a)(1) and (c) of 33 CFR
165.160 will remain unchanged and in
full effect.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
E:\FR\FM\25JYR1.SGM
25JYR1
]]>Agencies
[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[RU]
[Pages 42491-42493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14590]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-028]
RIN 1625-AA00
Safety Zone Regulations, New Tacoma Narrows Bridge Construction
Project
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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: This rule is effective daily 5 a.m. to 9 p.m., Pacific Daylight
Time, from July 19 to July 30, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-05-028 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 Jessica 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 the date of the event.
Discussion of Rule
The Coast Guard is adopting a temporary safety zone regulation on
the waters of Tacoma Narrows, Washington, for the Tacoma Narrows Bridge
construction project. 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[deg]16'23'' N, 122[deg]33'25'' W, the Gig Harbor
shoreline in the vicinity of Point Evans, to 47[deg]16'15'' N,
122[deg]33'15'' 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,
[[Page 42492]]
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 these zones will be prohibited
unless authorized by the Captain of the Port or his representative.
These safety zones 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 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
[[Page 42493]]
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
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 5 a.m. to 9 p.m. from July 19 to July 30, 2005, a temporary
Sec. 165.T13-010 is added to read as follows:
Sec. 165.T13-010 Safety Zone: New Tacoma Narrows Bridge Construction
Project.
(a) Location. The following is a safety zone: All waters of the
Tacoma Narrows, Washington State, within 250 yards on either side of a
line with the points of 47[deg]16'23'' N, 122[deg]33'25'' W, the Gig
Harbor Shore, to 47[deg]16'15'' N, 122[deg]33'15'' 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) Applicable dates. This section applies from 5 a.m. until 9
p.m., Pacific Daylight Time, from July 19 to July 30, 2005.
Dated: July 14, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-14590 Filed 7-22-05; 8:45 am]
BILLING CODE 4910-15-P
