13 July 2006
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[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Rules and Regulations]
[Page 39567-39570]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy06-20]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco 06-021]
RIN 1625-AA00
Safety Zone; BART Transbay Tube Seismic Upgrade; San Francisco,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a moving temporary safety zone
in the navigable waters of San Francisco Bay, California during vibro
penetration testing for a seismic upgrade of the Bay Area Rapid Transit
(BART) Transbay tube. The testing will require placement of a barge at
test sites along
[[Page 39568]]
the BART Transbay tube. The safety zone will surround the barge and
move with the barge as it conducts the tests at seven sites along the
BART Transbay tube. This safety zone is necessary to protect persons
and vessels from hazards, injury, and damage associated with the vibro
penetration testing. Unauthorized persons or vessels are prohibited
from entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port San Francisco or his
designated representative.
DATES: This rule is effective from June 26, 2006 through September 24,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP San Francisco 06-021 and are
available for inspection or copying at the Waterways Safety Branch of
Sector San Francisco, Yerba Buena Island, Bldg. 278, San Francisco,
California, 94130, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Erin Bastick, U.S. Coast Guard
Sector San Francisco, at (415) 556-2950 or Sector San Francisco 24 hour
Command Center at (415) 399-3547.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The dates for the vibro
penetration testing along the Transbay tube were not finalized and
presented to the Coast Guard in time to draft and publish an NPRM.
Consequently, the testing would commence before the rulemaking process
could be completed. Any delay in implementing this rule is contrary to
the public interest since immediate action is necessary in order to
protect the maritime public from the hazards associated with the vibro
penetration testing.
Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. The dates for the vibro
penetration testing along the Transbay tube were not finalized and
presented to the Coast Guard in time to publish this rule 30 days prior
to its effective date. Consequently, the testing would commence before
the rulemaking process could be completed. Delay in the effective date
of this rule would expose the mariners and waterways users to undue
hazards associated with the vibro penetration testing.
Background and Purpose
Bay Area Rapid Transit has contracted Hayward Baker, Soletanche,
Traylor, A Joint Venture, to conduct BART marine demonstration tests in
support of their earthquake safety efforts. They will be conducting
vibro penetration tests for future seismic upgrade of the BART Transbay
tube. The scope of work involves four primary activities carried out on
the water. These activities include vibro penetration tests, vibro
ground improvement, drilling, sampling and sonic borings.
The Joint Venture's work will involve outfitting the barge DOGBONE
with a crane and vibratory densification equipment and locating it over
the tube alignment to perform the ground improvement within the test
areas. At times, there will be an additional barge lashed to the barge
DOGBONE for material handling. Approximately ten 5-foot tall tripods
with acoustic transponders will be deployed on the bay bottom to
determine specific test locations along the BART Transbay. At each
specified location, the crane-suspended vibrator will be lowered into
the bay floor and then proceed to densify the granular backfill placed
around the tubes shortly after they were originally placed into
position.
Discussion of Rule
This safety zone will encompass the navigable waters from the
surface to the sea floor, located in the San Francisco Bay,
encompassing a circular safety zone with a 750-foot radius extending
from the Crane Barge DOGBONE. The Barge DOGBONE will transit and
conduct testing along the BART Transbay tube between two points:
37[deg]47'50.97'' N Latitude by 122[deg]23'17.01'' W Longitude at the
western extreme and 37[deg]48'25.65'' N Latitude by 122[deg]21'03.59''
W Longitude on the eastern extreme. This area between the two points
will be used to maneuver and anchor the Barge DOGBONE as it conducts
the vibro penetration tests from June 26, 2006 through September 24,
2006. The BART Project manager coordinated the test locations with the
local Bar Pilots and the Vessel Traffic Service to ensure the testing
would result in minimum impact to vessel traffic. This moving safety
zone around the Barge DOGBONE is necessary to protect persons and
vessels from hazards, injury, and damage associated with the vibro
penetration testing.
U.S. Coast Guard personnel will enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal
Regulations, prohibits any unauthorized person or vessel from entering
or remaining in a safety zone. Vessels or persons violating this
section will be subject to both criminal and civil penalties.
Regulatory Evaluation
This 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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this rule restricts
access to the waters encompassed by the safety zone, the effect of this
rule will not be significant because the local waterway users have been
contacted to ensure the closure will result in minimum impact. The
entities most likely to be affected are pleasure craft engaged in
recreational activities. Not only is the safety zone small in size, but
there will be ample space to navigate around the safety zone as well.
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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this 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
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the San Francisco Bay from June 26,
2006 through September 24, 2006. Although this regulation prevents
traffic from transiting a portion of San Francisco Bay during the
testing, the effect of this regulation will not be significant because
small vessels will be able to transit around the regulated area. The
entities most likely to be affected are pleasure craft engaged in
recreational activities and sightseeing.
Small entities and the maritime public will also be advised of this
safety zone via public broadcast notice to
[[Page 39569]]
mariners. In addition, vessels will be able to pass through the zone on
a case-by-case basis. Therefore, the economic impact of this waterway
closure is not expected to be significant.
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 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 calls 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 a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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. Paragraph (34)(g) is applicable because this rule
establishes a safety zone. A final ``Environmental Analysis Check
List'' 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; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T11-110, to read as follows:
Sec. 165.T11-110 Safety Zone; San Francisco Bay, California.
(a) Location. The following area is a safety zone: All navigable
waters in the San Francisco Bay, from the surface to the sea floor,
encompassed by a circle with a radius of 750-feet extending from and
around the Crane Barge DOGBONE. This safety zone will move and continue
to extend 750-feet from the Barge DOGBONE while it operates along the
charted BART Transbay tube between the following two points:
37[deg]47'50.97''; N Latitude, by 122[deg]23'17.01'' W Longitude at the
western extreme, and 37[deg]48'25.65'' N
[[Page 39570]]
Latitude by 122[deg]21'03.59'' W Longitude at the eastern extreme.
(b) Effective Dates. This rule is effective from June 26, 2006
through September 24, 2006. If the need for the safety zone ends prior
to the scheduled termination time, the Captain of the Port will cease
enforcement of the safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone by all vessels and persons is prohibited,
unless specifically authorized by the Captain of the Port San
Francisco, or his designated representative.
(d) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port, or the designated
on-scene patrol personnel. Patrol personnel can be comprise of
commissioned, warrant, and petty officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary, local, state, and Federal law
enforcement vessels. Upon being hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
The U.S. Coast Guard may be assisted in the patrol and enforcement
of these two safety zones by local law enforcement as necessary.
Dated: June 23, 2006.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco,
California.
[FR Doc. E6-10980 Filed 7-12-06; 8:45 am]
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