Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, Construction Vessels and Equipment Under and in Immediate Vicinity of West Span, 3744-3746 [E7-1279]
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Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations
designated representatives include any
U.S. Coast Guard commissioned,
warrant or petty officer who has been
authorized by the Captain of the Port,
Puget Sound to act on his behalf.
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 12:01 a.m. January 16,
2007 to 11:59 p.m. January 31, 2007.
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 Jes Hagen,
Waterways Management Division, Coast
Guard Sector Seattle, at (206) 217–6958.
SUPPLEMENTARY INFORMATION:
Dated: January 12, 2007.
Mark J. Huebschman,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Puget Sound.
[FR Doc. E7–1278 Filed 1–25–07; 8:45 am]
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 construction activities were
already taking place. Under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Making the rule effective after 30 days
of publication in the Federal Register
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 construction activities were
already taking place.
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–07–002]
RIN 1625–AA00
Safety Zone Regulations, New Tacoma
Narrows Bridge Construction Project,
Construction Vessels and Equipment
Under and in Immediate Vicinity of
West Span
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around construction vessels and
mooring lines under the West Span of
the Tacoma Narrows Bridge during the
deck erection phase of construction.
This safety zone will be in effect
regardless of whether construction
vessels are present or not. This zone
approximately encompasses all waters
from the Gig Harbor shoreline to just
east of the west bridge caissons,
extending 1500 feet north and south.
The Coast Guard is taking this action to
safeguard the public from possible
collision with the vessels or their
mooring lines, chains, or cables. Entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Puget Sound or his designated
representatives.
This rule is effective from 12:01
a.m. January 16, 2007 to 11:59 p.m.
January 31, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD13–07–
002 and are available for inspection or
mstockstill on PROD1PC62 with RULES
DATES:
VerDate Aug<31>2005
15:24 Jan 25, 2007
Jkt 211001
Background and Purpose
Discussion of Rule
The Coast Guard is adopting a
temporary safety zone regulation on the
waters of Tacoma Narrows, Washington,
for the New Tacoma Narrows Bridge
construction project. The Coast Guard
has determined it is necessary to restrict
access to the waters under the West
Span, in a box bounded by the points:
47°16.44′N, 122°33.35′W; 47°16.34′N,
122°33.04′W; 47°16.1′N, 122°33.33′W;
47°16.21′N, 122°33.63′W, in order to
safeguard people and property from
hazards associated with the presence of
construction vessels and equipment in
that area. These safety hazards include,
but are not limited to, hazards to
navigation, collisions with mooring
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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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 the 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 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
E:\FR\FM\26JAR1.SGM
26JAR1
Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations
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
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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.
mstockstill on PROD1PC62 with RULES
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,
VerDate Aug<31>2005
15:24 Jan 25, 2007
Jkt 211001
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.
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
3745
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, 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. A final
‘‘Environmental Analysis Checklist’’
and a final ‘‘Categorical Exclusion
Determination’’ will be 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.
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 12:01 a.m. January 16, 2007
to 11:59 p.m. January 31, 2007, a
temporary § 165.T13–002 is added to
read as follows:
I
§ 165.T13–002 Safety Zone: New Tacoma
Narrows Bridge Construction Project,
Construction Vessels and Equipment Under
and in Immediate Vicinity of West Span.
(a) Location. The following is a safety
zone: All waters of the Tacoma Narrows,
Washington State, within a box
bounded by the points: 47°16.44′N,
122°33.35′W; 47°16.34′N, 122°33.04′W;
47°16.1′N, 122°33.33′W; and
47°16.21′N, 122°33.63′W [Datum: NAD
1983]. This zone approximately
encompasses all waters from the Gig
Harbor shoreline to just east of the west
bridge caissons, extending 1500 feet
north and south.
(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,
E:\FR\FM\26JAR1.SGM
26JAR1
3746
Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations
or other vessels authorized by the
Captain of the Port or his designated
representatives. Captain of the Port’s
designated representatives include any
U.S. Coast Guard commissioned,
warrant or petty officer who has been
authorized by the Captain of the Port,
Puget Sound to act on his behalf.
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. This safety
zone will be in effect whether vessels
are present or not.
(c) Applicable dates. This section
applies from 12:01 a.m. January 16,
2007 to 11:59 p.m. January 31, 2007.
Dated: January 12, 2007.
Mark J. Huebschman,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Puget Sound.
[FR Doc. E7–1279 Filed 1–25–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–07–004]
RIN 1625–AA00
Safety Zone Regulations, New Tacoma
Narrows Bridge Construction Project,
Bridge Deck Lifting Beams
Coast Guard, DHS.
ACTION: Temporary final rule.
mstockstill on PROD1PC62 with RULES
AGENCY:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around the lifting beams of the cranes
being used to lift deck sections into
place on the New Tacoma Narrows
Bridge. The zone will encompass all
waters within 500 feet of the area
directly below the lifting beams for the
duration of the lowering, hookup,
raising, and securing evolutions, and
will only apply to the beams on the
cranes that are in use. The beams being
used for the day’s evolutions will be
clearly marked on each end with a
white flashing light. The Coast Guard is
taking this action to safeguard the
public from the hazards associated with
navigating in the vicinity of moving
construction equipment and heavy
loads. These hazards may include risk
of collision with the lifting beams and
risks associated with falling loads,
should there be an equipment failure.
Entry into this zone is prohibited unless
authorized by the Captain of the Port,
VerDate Aug<31>2005
15:24 Jan 25, 2007
Jkt 211001
Puget Sound or his designated
representatives.
DATES: This rule is effective from 12:01
a.m. January 16, 2007 to 11:59 p.m.
January 31, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD13–07–
004 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 Jes 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 construction activities were
already taking place. Under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Making the rule effective after 30 days
of publication in the Federal Register
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 construction activities were
already taking place.
Discussion of Rule
The Coast Guard is adopting a
temporary safety zone regulation on the
waters of Tacoma Narrows, Washington,
for the New Tacoma Narrows Bridge
construction project. The Coast Guard
has determined it is necessary to restrict
access to the waters within 500 feet of
the lifting beams being used to raise
deck sections into place, in order to
safeguard people and property from
hazards associated with navigating in
the vicinity of moving construction
equipment. These safety hazards
include, but are not limited to, hazards
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
to navigation, collisions with the beams,
and equipment failures resulting in
falling loads. The Coast Guard, through
this action, intends to promote the
safety of personnel and vessels 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 the 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 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.
E:\FR\FM\26JAR1.SGM
26JAR1
]]>Agencies
[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3744-3746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1279]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-07-002]
RIN 1625-AA00
Safety Zone Regulations, New Tacoma Narrows Bridge Construction
Project, Construction Vessels and Equipment Under and in Immediate
Vicinity of West Span
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
construction vessels and mooring lines under the West Span of the
Tacoma Narrows Bridge during the deck erection phase of construction.
This safety zone will be in effect regardless of whether construction
vessels are present or not. This zone approximately encompasses all
waters from the Gig Harbor shoreline to just east of the west bridge
caissons, extending 1500 feet north and south. The Coast Guard is
taking this action to safeguard the public from possible collision with
the vessels or their mooring lines, chains, or cables. 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 from 12:01 a.m. January 16, 2007 to 11:59
p.m. January 31, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-07-002 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 Jes 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 construction activities were already
taking place. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Making the rule effective after 30
days of publication in the Federal Register 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 construction activities
were already taking place.
Discussion of Rule
The Coast Guard is adopting a temporary safety zone regulation on
the waters of Tacoma Narrows, Washington, for the New Tacoma Narrows
Bridge construction project. The Coast Guard has determined it is
necessary to restrict access to the waters under the West Span, in a
box bounded by the points: 47[deg]16.44'N, 122[deg]33.35'W;
47[deg]16.34'N, 122[deg]33.04'W; 47[deg]16.1'N, 122[deg]33.33'W;
47[deg]16.21'N, 122[deg]33.63'W, in order to safeguard people and
property from hazards associated with the presence of construction
vessels and equipment in that area. These safety hazards include, but
are not limited to, hazards to navigation, collisions with mooring
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 the 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 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
[[Page 3745]]
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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
and Department of Homeland Security Management Directive 5100.1, 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. A final ``Environmental Analysis Checklist'' and a final
``Categorical Exclusion Determination'' will be 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.
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 12:01 a.m. January 16, 2007 to 11:59 p.m. January 31, 2007, a
temporary Sec. 165.T13-002 is added to read as follows:
Sec. 165.T13-002 Safety Zone: New Tacoma Narrows Bridge Construction
Project, Construction Vessels and Equipment Under and in Immediate
Vicinity of West Span.
(a) Location. The following is a safety zone: All waters of the
Tacoma Narrows, Washington State, within a box bounded by the points:
47[deg]16.44[min]N, 122[deg]33.35[min]W; 47[deg]16.34[min]N,
122[deg]33.04[min]W; 47[deg]16.1[min]N, 122[deg]33.33[min]W; and
47[deg]16.21[min]N, 122[deg]33.63[min]W [Datum: NAD 1983]. This zone
approximately encompasses all waters from the Gig Harbor shoreline to
just east of the west bridge caissons, extending 1500 feet north and
south.
(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,
[[Page 3746]]
or other vessels authorized by the Captain of the Port or his
designated representatives. Captain of the Port's designated
representatives include any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port, Puget
Sound to act on his behalf. 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. This safety
zone will be in effect whether vessels are present or not.
(c) Applicable dates. This section applies from 12:01 a.m. January
16, 2007 to 11:59 p.m. January 31, 2007.
Dated: January 12, 2007.
Mark J. Huebschman,
Commander, U.S. Coast Guard, Acting Captain of the Port, Puget Sound.
[FR Doc. E7-1279 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-15-P
