Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, 45537-45539 [05-15617]

Download as PDF Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Rules and Regulations Dated: August 1, 2005. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. 05–15619 Filed 8–5–05; 8:45 am] BILLING CODE 4910–15–P § 165.1321 [Amended] Background and Purpose 2. In § 165.1321, in paragraph (c)(3), remove the phrase ‘‘47°03′01″N, 122°54′21″W’’ and add, in its place, the phrase ‘‘47°03′04″N, 122°54′19.5″W’’. I Dated: July 26, 2005. Stephen P. Metruck, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 05–15565 Filed 8–5–05; 8:45 am] DEPARTMENT OF HOMELAND SECURITY Coast Guard BILLING CODE 4910–15–P 33 CFR Part 165 DEPARTMENT OF HOMELAND SECURITY [CGD13–05–031] RIN 1625–AA87 Security Zone; Protection of Military Cargo, Captain of the Port Zone Puget Sound, WA Coast Guard, DHS. Final rule; correction. AGENCY: ACTION: The Coast Guard Captain of the Port Puget Sound published in the Federal Register of December 10, 2004, a final rule concerning security zones for the protection of military cargo loading and unloading operations in the navigable waters of Puget Sound. Wording in § 165.1321(c)(3) is being corrected to fix a typographical error in the latitude and longitude of the last point listed in the security zone. This document makes this correction. DATES: This rule is effective August 8, 2005. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen, c/o Captain of the Port Puget Sound, Coast Guard Sector Seattle, 1519 Alaskan Way South, Seattle, WA 98134 at (206) 217–6232. SUPPLEMENTARY INFORMATION: The Coast Guard published a document in the Federal Register on December 10, 2004 (69 FR 71709), which amended 33 CFR 165.1321 by adding Budd Inlet, Olympia, WA as a permanent security zone. In this document, paragraph (c)(3) of the regulatory text contained a typographical error in the latitude and longitude of the last point listed in the security zone. I Accordingly, 33 CFR 165.1321 is corrected by making the following correcting amendments: 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. VerDate jul<14>2003 18:56 Aug 05, 2005 Jkt 205001 33 CFR Part 165 RIN 1625–AA00 Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: SUMMARY: The Coast Guard is establishing a temporary safety zone during the construction of temporary aerial scaffolding, catwalk, superstructure suspension system, main cable wires, cable bands, and suspender ropes 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 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 August 3 to August 20, 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 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) 217–6232. SUPPLEMENTARY INFORMATION: DATES: PO 00000 Frm 00015 Fmt 4700 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 Coast Guard [CGD13–05–033] SUMMARY: 45537 Sfmt 4700 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′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 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 E:\FR\FM\08AUR1.SGM 08AUR1 45538 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Rules and Regulations 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). VerDate jul<14>2003 18:56 Aug 05, 2005 Jkt 205001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: I 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. E:\FR\FM\08AUR1.SGM 08AUR1 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Rules and Regulations 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. From 5 a.m. to 9 p.m. from August 3 to August 20, 2005, a temporary § 165.T13–013 is added to read as follows: I § 165.T13–013 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′15″ N, 122°33′15″ W, to 47°15′59″ 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) Applicable dates. This section applies from 5 a.m. until 9 p.m., Pacific daylight time, from August 3 to August 20, 2005. Dated: July 29, 2005. Mark J. Huebschman, Commander, U.S. Coast Guard, Acting Captain of the Port, Puget Sound. [FR Doc. 05–15617 Filed 8–5–05; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [RME Docket Number R08–OAR–2005–ND– 0001; FRL–7942–4] Clean Air Act Approval and Promulgation of Air Quality Implementation Plan Revision for North Dakota; Revisions to the Air Pollution Control Rules Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action approving certain revisions to the State Implementation Plan (SIP) as submitted by the Governor of North Dakota with a letter dated April 11, 2003. The revisions affect certain portions of air pollution control rules regarding permitting and prevention of significant deterioration. This action is VerDate jul<14>2003 18:56 Aug 05, 2005 Jkt 205001 being taken under section 110 of the Clean Air Act. DATES: This rule is effective on October 7, 2005, without further notice, unless EPA receives adverse comment by September 7, 2005. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. R08–OAR– 2005–ND–0001, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Agency Web site: http:// docket.epa.gov/rmepub/index.jsp. Regional Materials in EDOCKET (RME), EPA’s electronic public docket and comment system for regional actions, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. • E-mail: long.richard@epa.gov and platt.amy@epa.gov. • Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 999 18th Street, Suite 300, Denver, Colorado 80202–2466. • Hand Delivery: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 999 18th Street, Suite 300, Denver, Colorado 80202–2466. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. R08–OAR–2005–ND– 0001. EPA’s policy is that all comments received will be included in the public docket without change and may be made available at http://docket.epa.gov/ rmepub/index.jsp, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through EDOCKET, regulations.gov, or e-mail. The EPA’s Regional Materials in EDOCKET and Federal regulations.gov Web site are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 45539 provide it in the body of your comment. If you send an e-mail comment directly to EPA, without going through EDOCKET or regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit EDOCKET online or see the Federal Register of May 31, 2002 (67 FR 38102). For additional instructions on submitting comments, go to section I. General Information of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the Regional Materials in EDOCKET index at http:// docket.epa.gov/rmepub/index.jsp. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in Regional Materials in EDOCKET or in hard copy at the Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202–2466. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection Agency, Region 8, (303) 312–6449, platt.amy@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. General Information II. Background III. Revisions in the April 11, 2003 Submittal That are the Subject of this Document IV. Section 110(l) E:\FR\FM\08AUR1.SGM 08AUR1

Agencies

[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Rules and Regulations]
[Pages 45537-45539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15617]


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

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.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone during 
the construction of temporary aerial scaffolding, catwalk, 
superstructure suspension system, main cable wires, cable bands, and 
suspender ropes 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 
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 August 3 to August 20, 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 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) 
217-6232.

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]16'15'' N, 122[deg]33'15'' W, to 47[deg]15'54'' N, 
122[deg]32'49'' W, to 47[deg]15'49'' N, 122[deg]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 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

[[Page 45538]]

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 
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.

[[Page 45539]]

107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. From 5 a.m. to 9 p.m. from August 3 to August 20, 2005, a temporary 
Sec.  165.T13-013 is added to read as follows:


Sec.  165.T13-013  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]16'15'' N, 122[deg]33'15'' W, to 
47[deg]15'59'' N, 122[deg]32'49'' W, to 47[deg]15'49'' N, 
122[deg]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) Applicable dates. This section applies from 5 a.m. until 9 
p.m., Pacific daylight time, from August 3 to August 20, 2005.

    Dated: July 29, 2005.
Mark J. Huebschman,
Commander, U.S. Coast Guard, Acting Captain of the Port, Puget Sound.
[FR Doc. 05-15617 Filed 8-5-05; 8:45 am]
BILLING CODE 4910-15-P