[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39296-39299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14358]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 02-003]
RIN 2115-AA97
Safety Zone; Carquinez Strait, Vallejo and Crockett, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the Carquinez Strait surrounding the construction
site of the new U.S. Interstate 80 bridge (Alfred Zampa Memorial
Bridge) over a 30-day period. The purpose of this safety zone is to
protect persons and vessels from hazards associated with bridge
construction activities. The safety zone temporarily prohibits use of
the Carquinez Strait waters surrounding the Alfred Zampa Memorial
Bridge.
DATES: This rule is effective from 7:30 a.m. June 17, 2002 to 12 (noon)
July 16, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (COTP San Francisco Bay 02-003) and are available
for inspection or copying at the Waterways Management Branch of the
U.S. Coast Guard Marine Safety Office San Francisco Bay, Coast Guard
Island, Building 14, Alameda, California 94501-5100, between 9 a.m. and
4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Ross Sargent, Chief,
Waterways Management Branch, U.S. Coast Guard Marine Safety Office San
Francisco Bay, at (510) 437-3073.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 16, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Carquinez Strait, Vallejo and Crockett,
California'' in the Federal Register (67 FR 18523). We received no
letters commenting on the proposed rule. No public hearing was
requested, and none was held. 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. The rulemaking
process began in April 2002 when construction planning reached a stage
of specificity sufficient for publishing the channel closure schedule.
The publication of that schedule in the notice of proposed rulemaking
(67 FR 18523) initiated a rulemaking process that encroached on the
first channel closure periods. Accordingly, since timely cable
stringing (discussed in Background and Purpose section) is crucial to
the success of the entire bridge construction project, the channel
closures must begin on June 17, 2002, less than 30 days after
publication of this final rule.
Background and Purpose
The State of California Department of Transportation (CALTRANS) has
determined that the original bridge spanning the Carquinez Strait must
be replaced. CALTRANS has begun construction on the new bridge (Alfred
Zampa Memorial Bridge) and is nearing a phase that will involve
stringing steel cables across the Carquinez Strait. More specifically,
the cable stringing process will involve attaching an approximately
1.5-inch diameter steel cable at the bridge's southern terminus and
deploying the cable from a reel-equipped barge as it is towed
northward. The cable itself will be partially submerged in the
Carquinez Strait until it is connected to the northern terminus,
winched upward and secured approximately 150 feet above the Carquinez
Strait. The deployment phase will take approximately five hours for
each cable.
In February 2002, CALTRANS advised the Coast Guard Captain of the
Port that a series of channel closures would be necessary in order to
accomplish the cable stringing. The Coast Guard, along with CALTRANS,
the contractor, a joint venture of FCI Constructors, Inc./Cleveland
Bridge California, Inc. (FCI/CB), and the San Francisco Bar Pilots,
planned the logistics for the closures in order to ensure minimal
impacts on involved and potentially involved entities. On April 16,
2002, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Safety Zone; Carquinez Strait, Vallejo and Crockett,
California'' in the Federal Register (67 FR 18523). We received no
letters commenting on the proposed rule.
The purpose of this safety zone is to protect persons and vessels
from hazards, injury and damage associated with the bridge construction
activities, and cable stringing in particular. One of the dangers
during the cable deployment phase is the partially submerged cable that
could inflict serious injury or death to mariners, as well as cause
major damage to the hull, propeller and rudder of vessels, attempting
to pass over it. Similarly, the cable deployment barge, its towing
vessel and towing line all pose significant collision dangers to
vessels transiting the area. In addition, when the heavy 1.5-inch thick
steel cable is being winched to approximately 150 feet above the
Strait, it may part or break loose and fall upon vessels below.
This temporary safety zone in the navigable waters of the Carquinez
Strait surrounding the construction site of the Alfred Zampa Memorial
Bridge will be in effect during the course of a 30-day period, but will
only be enforced for approximately five hours in a given day. The times
will be different for each day based on factors that will be explained
in detail in the Discussion of Rule section of this preamble. In
addition, this safety zone will not be enforced every day during the
30-day period.
Discussion of Comments and Changes
On April 16, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Carquinez Strait, Vallejo and Crockett,
California'' in the Federal Register (67 FR 18523). We received no
letters commenting on the proposed rule. No public hearing was
requested, and none was held. Several
[[Page 39297]]
minor changes in the channel closure schedule (closure times on several
days) were incorporated into the temporary final rule based on further
planning with the San Francisco Bar Pilots and CALTRANS, minor errors
in tide times, and to accommodate minor changes in the cable stringing
process. These changes should lessen the impact on vessel traffic. With
one exception, these changes consist of a 30 to 60 minute shift of the
five-hour period on several days. These dates are June 27, 2002; June
28, 2002; June 29, 2002 and July 10, 2002. The other change consists of
a shift in time, six and a half hours earlier in the morning on June
26, 2002, which should accommodate vessel traffic better than the
originally published closure time for that date.
Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
for approximately five hours per day on certain days between June 17,
2002 and July 16, 2002. The safety zone is necessary to protect persons
and vessels from hazards, injury and damage associated with the bridge
construction activities, and cable stringing in particular. The safety
zone will encompass the navigable waters, from the surface to the
bottom, within two lines; one line drawn from the westernmost pier at
Crockett Marina [38 deg.03'28'' N, 122 deg.13'42'' W] extending due
north to the opposite shore [38 deg.03'56'' N, 122 deg.13'42'' W], and
the other line drawn from the western end of the C & H Sugar facility
[38 deg.03'28'' N, 122 deg.13'26'' W] extending due north to the
opposite shore [38 deg.03'54'' N, 122 deg.13'26'' W][Datum: NAD 83].
The dates and approximate enforcement times are based on certain
factors that were considered by the U.S. Coast Guard, San Francisco Bar
Pilots, and the contractor, FCI/CB. These factors included working with
favorable tides and currents; and minimizing closures during darkness,
and the Fourth of July holiday. The safety zone will be enforced for
approximately five hours at a time. On some days the safety zone may be
enforced for less than five hours. The approximate period of five hours
is based on the time required to string each of the cables from the
bridge's southern terminus to its northern terminus. Although the
approximate times set forth below are for a duration of approximately
four and a half hours in length, more precise times will be known
during the first few days that the safety zone will be enforced.
CALTRANS selected the channel closure periods to provide adequate
safety to construction crews and vessels transiting the area, while
minimizing the impact on vessels transiting through the Strait. As with
other construction projects, there are certain unknown factors, such as
weather conditions and possible unforeseen problems that will only be
known on a particular day during the cable stringing process.
Therefore, the safety zone enforcement periods are approximate times
only. During the days of construction, when further information becomes
available about the exact times that the safety zone will be enforced,
the Captain of the Port will advise the public in several ways.
Mariners that will or could be effected by the channel closures are
advised to monitor for broadcast notice to mariners alerts on VHF-FM
marine channel 16 or contact the Captain of the Port representative on
scene via VHF-FM marine channel 22. Vessel Movement Reporting System
users (VMRS users) will be similarly advised by Coast Guard Vessel
Traffic Service San Francisco via VHF-FM marine channel 14. The safety
zone dates and approximate enforcement times are as follows:
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Safety zone in Safety zone
Date effect expires
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June 17, 2002...................... 7:30 a.m. 12 (noon).
June 18, 2002...................... 9 a.m. 1:30 p.m.
June 19, 2002...................... 10 a.m. 2:30 p.m.
June 20, 2002...................... 11:30 a.m. 4 p.m.
June 21, 2002...................... 1 p.m. 5:30 p.m.
June 22, 2002...................... 8 a.m. 12:30 p.m.
June 23, 2002...................... 9 a.m. 1:30 p.m.
June 24, 2002...................... 9:30 a.m. 2 p.m.
June 25, 2002...................... 10 a.m. 2:30 p.m.
June 26, 2002...................... 4 a.m. 8:30 a.m.
June 27, 2002...................... 4:30 a.m. 9 a.m.
June 28, 2002...................... 5:30 a.m. 10 a.m.
June 29, 2002...................... 6:30 a.m. 11 a.m.
June 30, 2002...................... 6:30 a.m. 11 a.m.
July 1, 2002....................... 7:30 a.m. 12 (noon).
July 2, 2002....................... 8:30 a.m. 1 p.m.
July 3, 2002....................... 5 a.m. 9:30 a.m.
July 4, 2002....................... No safety zone enforced
July 5, 2002....................... No safety zone enforced
July 6, 2002....................... No safety zone enforced
July 7, 2002....................... No safety zone enforced
July 8, 2002....................... 8:30 a.m. 1 p.m.
July 9, 2002....................... 9:30 a.m. 2 p.m.
July 10, 2002...................... 10 a.m. 2:30 p.m.
July 11, 2002...................... 10:30 a.m. 3 p.m.
July 12, 2002...................... 4 a.m. 8:30 a.m.
July 13, 2002...................... 5 a.m. 9:30 a.m.
July 14, 2002...................... 5:30 a.m. 10 a.m.
July 15, 2002...................... 7 a.m. 11:30a.m.
July 16, 2002...................... 7:30 a.m. 12 (noon).
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Regulatory Evaluation
This temporary final rule is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 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 Transportation (DOT)(44 FR 11040, February 26, 1979).
We expect the economic impact of this temporary final rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
The effect of this rule will not be significant for several
reasons. The San Francisco Bar Pilots, responsible for guiding all deep
draft commercial vessels in the area of the safety zone, have worked
closely with CALTRANS, the contractor, and the U.S. Coast Guard in
order to ensure minimal impact to deep draft commercial vessel traffic.
The safety zone will be enforced for approximately five hours per day,
taking into account tides, currents, daylight and vessel traffic
patterns. In addition, we have attempted to minimize impacts on the
regional commercial and sport fishing industries. Finally, advance
notifications of the channel closures will be made to the local
maritime community by broadcast notice to mariner alerts over marine
band radio, on-scene Captain of the Port representatives and Coast
Guard Vessel Traffic Service radio communications.
The changes to the regulatory text in the notice of proposed
rulemaking are minor. The temporary final rule reflects several changes
in channel closure times based on further planning with the San
Francisco Bar Pilots and CALTRANS, minor errors in tide times, and to
accommodate minor changes in the cable stringing process. These changes
consist of a 30 to 60 minute shift of the five-hour period on several
days, with one exception, and thus do not significantly impact vessel
transits through the area. The other change consists of a shift in
time, six and a half hours earlier in the morning on June 26, 2002,
which should accommodate vessel traffic better than the originally
published closure time for that date.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final rule will 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
[[Page 39298]]
governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary
final rule will not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which might be small entities: the owners or operators of
commercial shrimp or charter fishing vessels intending to transit
through the Alfred Zampa Memorial Bridge construction area during
safety zone enforcement periods (temporary channel closures).
Additionally, since recreational sport fishing vessels will not be able
to transit the channel during temporary channel closures, and thus
possibly divert to fish at other places and times, local bait and
tackle businesses may be impacted.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to the entire width of the
Carquinez Strait, the rule will normally be enforced for five hours
usually early in the day, during the height of the day's first tidal
cycle. Such predictability will enable fishing vessels to schedule
transits through the safety zone area before or after the 5-hour safety
zone enforcement periods. Before and during the enforcement periods,
Captain of the Port representatives in patrol vessels will assume their
stations to the east and west of the safety zone to provide notice and
enforcement of the zone. The Coast Guard will also issue broadcast
notice to mariners alerts via VHF-FM marine channel 16 before the
safety zone is enforced.
Several minor changes in the channel closure schedule (closure
times on several days) were incorporated into the temporary final rule
to accommodate changes in the cable stringing plan. These changes
should not significantly impact vessel traffic or small entities, as
discussed in the Regulatory Evaluation section.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule will economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
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 final 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 a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this temporary final rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This temporary final 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 final 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 final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and will not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order.
Energy Effects
We have analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this final rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because it is a safety zone. A
``Categorical Exclusion Determination'' is 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.
[[Page 39299]]
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:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. From 7:30 a.m., June 17, 2002 until 12 (noon), July 16, 2002,
add new Sec. 165.T11-078 to read as follows:
Sec. 165.T11-078 Safety Zone; Carquinez Strait, Vallejo and Crockett,
CA.
(a) Location. The safety zone encompasses the navigable waters,
from the surface to the bottom, within two lines; one line drawn from
the westernmost pier at Crockett Marina [38 deg.03'28'' N,
122 deg.13'42'' W] extending due north to the opposite shore
[38 deg.03'56'' N, 122 deg.13'42'' W], and the other line drawn from
the western end of the C & H Sugar facility [38 deg.03'28'' N,
122 deg.13'26'' W] extending due north to the opposite shore
[38 deg.03'54'' N, 122 deg.13'26'' W]. [Datum: NAD 83].
(b) Effective period. This section is effective from 7:30 a.m.,
June 17, 2002 to 12 (noon), July 16, 2002.
(c) Enforcement periods. The Coast Guard will notify the maritime
public of the precise times for enforcement of the safety zone via
broadcast notice to mariners, Vessel Traffic Service radio
communications, and Captain of the Port representatives on scene. If
the safety zone is no longer needed prior to the scheduled termination
times, the Captain of the Port will cease enforcement of this safety
zone and will announce that fact via broadcast notice to mariners. The
safety zone enforcement dates and times are as follows:
------------------------------------------------------------------------
Safety zone in Safety zone
Date effect expires
------------------------------------------------------------------------
June 17, 2002...................... 7:30 a.m. 12 (noon).
June 18, 2002...................... 9 a.m. 1:30 p.m.
June 19, 2002...................... 10 a.m. 2:30 p.m.
June 20, 2002...................... 11:30 a.m. 4 p.m.
June 21, 2002...................... 1 p.m. 5:30 p.m.
June 22, 2002...................... 8 a.m. 12:30 p.m.
June 23, 2002...................... 9 a.m. 1:30 p.m.
June 24, 2002...................... 9:30 a.m. 2 p.m.
June 25, 2002...................... 10 a.m. 2:30 p.m.
June 26, 2002...................... 4 a.m. 8:30 a.m.
June 27, 2002...................... 4:30 a.m. 9 a.m.
June 28, 2002...................... 5:30 a.m. 10 a.m.
June 29, 2002...................... 6:30 a.m. 11 a.m.
June 30, 2002...................... 6:30 a.m. 11 a.m.
July 1, 2002....................... 7:30 a.m. 12 (noon).
July 2, 2002....................... 8:30 a.m. 1 p.m.
July 3, 2002....................... 5 a.m. 9:30 a.m.
July 4, 2002....................... No safety zone enforced
July 5, 2002....................... No safety zone enforced
July 6, 2002....................... No safety zone enforced
July 7, 2002....................... No safety zone enforced
July 8, 2002....................... 8:30 a.m. 1 p.m.
July 9, 2002....................... 9:30 a.m. 2 p.m.
July 10, 2002...................... 10 a.m. 2:30 p.m.
July 11, 2002...................... 10:30 a.m. 3 p.m.
July 12, 2002...................... 4 a.m. 8:30 a.m.
July 13, 2002...................... 5 a.m. 9:30 a.m.
July 14, 2002...................... 5:30 a.m. 10 a.m.
July 15, 2002...................... 7 a.m. 11:30 a.m.
July 16, 2002...................... 7:30 a.m. 12 (noon).
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(d) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may enter, transit
through, or anchor within this safety zone unless authorized by the
Captain of the Port, or his designated representative.
Dated: May 23, 2002.
L.L. Hereth,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay.
[FR Doc. 02-14358 Filed 6-6-02; 8:45 am]
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