[Federal Register: June 7, 2002 (Volume 67, Number 110)]
[Rules and Regulations]               
[Page 39296-39299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn02-17]                         

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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:

------------------------------------------------------------------------
                                       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.             11:30a.m.
July 16, 2002......................  7:30 a.m.          12 (noon).
------------------------------------------------------------------------

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).
------------------------------------------------------------------------

    (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]
BILLING CODE 4910-15-P