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Safety Zone; Ouzinkie Harbor, Ouzinkie, AK
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[Federal Register: January 31, 2002 (Volume 67, Number 21)]
[Proposed Rules]
[Page 4692-4694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja02-31]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Western Alaska 02-003]
RIN 2115-AA97
Safety Zone; Ouzinkie Harbor, Ouzinkie, AK
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish two temporary safety
zones in Ouzinkie Harbor, Ouzinkie, Alaska. One safety zone would
surround the barge SWINIMOSH which will be conducting dredging and
blasting operations in the navigable waters of Ouzinkie Harbor. The
second safety zone would close all of Ouzinkie Harbor when the barge
SWINIMOSH conducts blasting operations. These safety zones are
necessary to protect vessels transiting the area from the potential
hazards associated with the dredging and blasting operations conducted
by the barge SWINIMOSH.
DATES: Comments must be received on or before February 21, 2002. While
our proposed rule may change based on comments received, we plan to
make our final rule effective starting March 1, 2002.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office, 510 L Street, Suite 100, Anchorage, AK 99501.
Coast Guard Marine Safety Office Anchorage maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Coast Guard Marine Safety Office Anchorage
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Matt Jones, USCG Marine
Safety Detachment Kodiak, at (907) 486-5918 or Lieutenant Commander
Chris Woodley, USCG Marine Safety Office Anchorage, at (907) 271-6700.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP
Western Alaska 02-003), indicate the specific section of this document
to which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Marine Safety Office
Anchorage at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The U.S. Army Corps of Engineers, through its contractor Western
Marine Construction, Inc., will be conducting dredging and blasting
operations on portions of Ouzinkie Harbor (Army Corps of Engineers
project number DACW85-01-C-0010). This dredging project will help
maintain safe navigation within Ouzinkie Harbor. A 500-yard safety zone
around the barge SWINIMOSH and a safety zone closing the harbor during
blasting operations is necessary to ensure the safety of the maritime
community from the potential hazards associated with dredging and
blasting operations.
Because we received the request late, we find that good cause
exists, under 5 U.S.C. 553(d)(3), for making this rule effective less
than 30 days after publication in the Federal Register. We have limited
the comment period to 21 days so that the final rule can go into effect
on March 1, 2002 in order to meet our obligation to protect the
maritime community.
Discussion of Proposed Rule
The proposed safety zones would include the navigable waters of
Ouzinkie Harbor within a 500-yard radius of the barge SWINIMOSH in
Ouzinkie, AK, Lat. 57 deg.55'10" N, Long. 152 deg.29'45" W, and all
waters of Ouzinkie Harbor, shoreline of a line drawn from 57 deg.54'58"
N, 152 deg.29'35" W to 57 deg.55'04" N, 152 deg.30'00" W and ending at
57 deg.55'12" N, 152 deg.30'10" W when blasting operations occur. The
blasting operations could occur any time during daylight hours starting
March 1, 2002 through April 15, 2002.
[[Page 4693]]
These proposed safety zones are necessary to protect the maritime
community from the hazards of the dredging and blasting operations. The
Coast Guard will announce via broadcast notice to mariners when the
blasting operations will occur. Vessels must contact the tug WALDO
immediately upon entering and before transiting Ouzinkie Harbor.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12886, 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 rule to be so minimal that a
full Regulatory Evaluation under paragraph 10(e) of the regulatory
policies and procedures of DOT is unnecessary. This finding is based on
the fact that the safety zone around the barge SWINIMOSH will not
restrict vessels from transiting through the harbor. Also, the safety
zone closing Ouzinkie Harbor during blasting operations will be well
announced so as to allow vessels ample time to plan ahead and the
actual blasting operations will be short in duration. The areas will
not affect maritime vessel traffic transiting the shipping channel at
Ouzinkie Narrows. Vessel traffic at this time of the year is minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities.
This proposed 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 the vicinity of Ouzinkie Harbor
during the time this zone is activated.
These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons. The
safety zone area around the barge SWINIMOSH will not restrict vessels
from transiting Ouzinkie Harbor and vessels could pass safely around
it. Also, the safety zone closing Ouzinkie Harbor during blasting
operations will be well announced so as to allow vessels ample time to
plan ahead and the actual blasting operations will be short in
duration. Limited vessel traffic occurs in this area during these
months. Before and during the effective period, we would issue a
broadcast notice to mariners to warn maritime vessel traffic of the
safety zones and operations occurring within the safety zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would 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 would economically affect it.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed rule will 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 proposed 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 proposed 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.
Consultation and Coordination With Indian Tribal Governments
This proposed 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.
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. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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.
[[Page 4694]]
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this proposed rule is categorically excluded
from further environmental documentation. This rule fits paragraph
34(g) as it establishes a safety zone. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Add Sec. 165.T17-002 to read as follows:
Sec. 165.T17-002 Safety Zone; Ouzinkie Harbor Dredging and Blasting
Operations, Ouzinkie, Alaska.
(a) Location. The following areas are temporary safety zones: (1)
SWINIMOSH Barge safety zone: All navigable waters in Ouzinkie Harbor
within a 500-yard radius of the barge SWINIMOSH while it is engaged in
dredging and blasting operations.
(2) Ouzinkie Harbor safety zone: All waters in Ouzinkie Harbor,
excluding the SWINIMOSH Barge safety zone, shoreward from a line drawn
from 57 deg.54'58" N, 152 deg.29'35" W to 57 deg.55'04" N,
152 deg.30'00" W and ending at 57 deg.55'12" N, 152 deg.30'10" W.
(b) Effective period. This section is effective from 12:01 a.m.
March 1, 2002, until 9 p.m. April 15, 2002. During this effective
period, blasting operations will occur in daylight hours only.
(c) Regulations.
(1) The general regulations contained in Sec. 165.23 apply. The
attending tug WALDO will be standing by on channels 16 and 13 to
provide traffic advisories. All vessels must have permission of the
Captain of the Port to enter the safety zones defined in this section.
Vessels in the Ouzinkie Harbor safety zone must contact the tug WALDO
before transiting Ouzinkie Harbor to determine if blasting is
scheduled. If it is scheduled, no transiting in either safety zone is
permitted unless authorized by the Captain of the Port.
Dated: January 16, 2002.
H.M. Hamilton,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Western
Alaska.
[FR Doc. 02-2276 Filed 1-30-02; 8:45 am]
BILLING CODE 4910-15-P