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Safety Zone; Wrangell Narrows, Petersburg, AK
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 22, 2001 (Volume 66, Number 14)]
[Rules and Regulations]
[Page 6475-6477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja01-20]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Southeast Alaska; 01-001]
RIN 2115-AA97
Safety Zone; Wrangell Narrows, Petersburg, AK
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
the barge SWINIMOSH which will be conducting blasting/dredging
operations along the navigable waters of Wrangell Narrows Shipping
Channel, Petersburg, Alaska. This safety zone will require periodic
complete channel closures to all vessel traffic transiting the channel
as necessary for the barge SWINIMOSH to conduct operations. This safety
zone is needed to protect maritime vessels transiting the area from
[[Page 6476]]
the potential hazards associated with the blasting/dredging operations
conducted by the barge SWINIMOSH.
DATES: This rule is effective from 12 a.m., January 15, 2001 until 12
a.m., April 02, 2001.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at U.S. Coast Guard, Marine Safety Office, 2760
Sherwood Lane, Suite 2A, Juneau, Alaska between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(907) 463-2450.
FOR FURTHER INFORMATION CONTACT: Lieutenant Cecil McNutt Jr., Chief
Port Operations Department, U.S. Coast Guard Marine Safety Office
Juneau, (907) 463-2470.
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was not published for this
regulation. In keeping with requirements of 5 U.S.C. 553(B), the Coast
Guard finds a good cause exists for not publishing a NPRM. Application
for the blasting operations was not received by the Marine Safety
Office Juneau until December 19, 2000. The operations are scheduled to
commence January 15, 2001; thus time to publish a NPRM is inadequate
for this regulation. In keeping with requirements of 5 U.S.C. 553
(d)(3), the Coast Guard also finds that good cause exists for making
this regulation effective less than 30 days after publication in the
Federal Register. Publication of a NPRM and delay of the effective date
would be contrary to the public interest because immediate action is
necessary to protect the safety of the maritime vessel traffic in the
vicinity of the blasting operation.
Background and Purpose
The U.S. Army Corps of Engineers through its contractor Western
Marine Construction, Inc. will be conducting blasting/dredging
operations on portions of Wrangell Narrows Shipping Channel for the
Wrangell Narrows Project (ACOE project number DACW85-00-C-0015). This
dredging project is necessary to maintain safe navigation within the
Wrangell Narrows Shipping Channel. A 500-yard safety zone around the
barge SWINIMOSH along with periodic complete channel closures is needed
to protect the safety of the maritime vessel traffic from the potential
hazards associated with blasting/dredging operations.
The blasting operations will begin 12 a.m. January 15, 2001, and
will last until 12 a.m. April 2, 2001. This safety zone is necessary to
protect the maritime public from the potential hazards associated with
the blasting/dredging operations.
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of the Executive Order 12866 and does not require an
assessment of potential costs and benefits under sections 6(a)(3) of
that Order. It has been exempted from review by the Office of
Management and Budget under that Order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44FR 11040, February 26, 1979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
impact on a substantial number of small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under section 605 (b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this temporary final rule will not have a
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
In accordance with section 213 (a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effects on them and participate in the
rulemaking process. If your small business or organization is affected
by this rule and you have questions concerning its provisions or
options for compliance, please contact the office listed in ADDRESSES
in this preamble.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this temporary final rule under the
principles and criteria contained in Executive Order 13132 and has
determined that this temporary final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
temporary final rule and concluded that, under figure 2-1, paragraph
(34)(g), of Commandant Instruction M16475.1C, this temporary final rule
is categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093;
October 28, 1993) govern the issuance of Federal regulations that
require unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or tribal government or the private sector to
incur direct costs without the Federal Government's having first
provided the funds to pay those costs. This rule will not impose an
unfunded mandate.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--[AMENDED]
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, and 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T17-SEAK-001 is added to read as
follows:
Sec. 165.T17-SEAK-001 Wrangell Narrows Channel, Petersburg, Alaska-
Safety Zone.
(a) Location. The following area is a temporary safety zone: the
waters within a 500 yard radius of the barge SWINIMOSH while engaged in
blasting/dredging operations to include periodic complete channel
closures in Wrangell Narrows Shipping Channel, Petersburg AK from Point
Lockwood Rock, Lighted Marker #1 (LL #22845), 56 deg.34.0' N,
132 deg.58.1' W to Rock Point, Lighted Marker #40 (LL #23070),
56 deg.40.3' N, 132 deg.56.1' W.
[[Page 6477]]
(b) Effective Dates. This rule is effective from 12 a.m., January
15, 2001 until 12 a.m., April 02, 2001.
(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 is prohibited except as authorized by the
Captain of the Port-Southeast Alaska. The attending tug WALDO will be
standing by on channel 16 and 13 for traffic advisory. All approaching
vessel traffic must contact the tug WALDO prior to transiting the
channel.
Dated: January 3, 2001.
R. C. Lorigan,
Captain, U.S. Coast Guard, Captain of the Port, Southeast Alaska.
[FR Doc. 01-1669 Filed 1-19-01; 8:45 am]
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