[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19529]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-94-024]
RIN 2115-AA97

 

Safety Zone Regulation; Reactor Compartment Move, Puget Sound, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a moving safety zone 300 yards 
around the tugs BARBARA/RICHARD FOSS, the towline and the barge 
NESTUCCA while in transit from Puget Sound Naval Shipyard, Bremerton, 
Washington, through U.S. navigable waters until south of Latitude 
47 deg.32'N, Queets, Washington, at 8 a.m. (PDT) on August 18, 1994. 
The zone is needed to protect the tugs BARBARA/RICHARD FOSS and the 
barge NESTUCCA from safety hazards associated with onlookers and others 
who may wish to view the barge at close quarters. Entry into this zone 
is prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATES: This regulation becomes effective on August 17, 1994 
at 2 a.m. (PDT). It terminates when the tugs BARBARA/RICHARD FOSS and 
the barge are south of Latitude 47 deg.32'N, Queets, Washington, at 8 
a.m. (PDT) on August 18, 1994, unless sooner terminated by the Captain 
of the Port.

FOR FURTHER INFORMATION CONTACT: LT. J.D. Gafkjen, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, 
(206) 217-6232.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after Federal 
Register publication. Publishing an NPRM and delaying its effective 
date would be contrary to the public interest since immediate action is 
needed to prevent potential hazards to the tugs BARBARA/RICHARD FOSS 
and the barge and other vessels that may transit the area. Less than 30 
days notice was given to the Coast Guard by the U.S. Navy, thus, there 
was not sufficient time to publish proposed rules in advance of the 
event or to provide a delayed effective date. Following normal 
rulemaking procedures would be impracticable.

Drafting Information

    The drafters of this regulation are LT J.D. Gafkjen, project 
officer for the Captain of the Port, and LT L.J. Argenti, project 
attorney, Thirteenth Coast Guard District Legal Office.

Discussion of Regulation

    The event requiring this regulation will begin on August 17, 1994 
at 2 a.m. (PDT). Upon request by the U.S. Navy, the Coast Guard is 
establishing a 300 yard moving safety zone around the tugs BARBARA/
RICHARD FOSS, the towline, and the barge NESTUCCA while the vessels are 
in transit from Puget Sound Naval Shipyard, Bremerton, Washington, 
through U.S. navigable waters until south of Latitude 47 deg.32'N, 
Queets, Washington, at 8 a.m. (PDT) on August 18, 1994. This transit 
may result in a large number of vessels congregating near the tugs 
BARBARA/RICHARD FOSS and the barge or in their paths. Concern is 
justified due to the limited maneuverability of the tugs BARBARA/
RICHARD FOSS and the barge and for the safety of the mariners who may 
attempt to approach the tugs BARBARA/RICHARD FOSS and the barge during 
their transit as well as other vessels in the immediate vicinity. This 
moving safety zone will be enforced by representatives of the Captain 
of the Port Puget Sound, Seattle, Washington. The Captain of the Port 
may be assisted by other federal agencies.
    This Regulation is issued pursuant to 33 USC 1231 as set out in the 
authority citation for all of Part 165.

Regulatory Evaluation

    This temporary final rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 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) (44 FR 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 10e of the regulatory policies 
and procedures of DOT is unnecessary.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    This final rule has been thoroughly reviewed by the Coast Guard and 
determined to be categorically excluded from further environmental 
documentation in accordance with section 2.B.2.c. of Commandant 
Instruction M16475.1B. A Categorical Exclusion Determination statement 
has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    In consideration of the foregoing, subpart C of Part 165 of Title 
33, Code of Federal Regulations, is amended 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, 160.5; 49 CFR 1.46.

    2. A new section 165.T13-020 is temporarily added to read as 
follows:


Sec. 165.T13-020  Safety Zone: Puget Sound, WA.

    (a) Location. The following area is a safety zone: All waters 
within 300 yards of the tugs BARBARA/RICHARD FOSS, the towline and the 
barge while in transit from Puget Sound Naval Shipyard, Bremerton, 
Washington, through U.S. navigable waters until south of Latitude 
47 deg.32'N, Queets, Washington, at 8 a.m. (PDT) on August 18, 1994.
    (b) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, entry into this zone is prohibited, unless 
authorized by the Captain of the Port or his designated representative. 
The designated representative of the Captain of the Port is any Coast 
Guard commissioned, warrant, or petty officer who has been authorized 
by the Captain of the Port Puget Sound, to act on his behalf.
    (c) Effective dates. This section becomes effective on August 17, 
1994, at 2 a.m. (PDT). -It terminates when the tugs BARBARA/RICHARD 
FOSS and the barge are south of Latitude 47 deg.32'N, Queets, 
Washington, at 8 a.m. (PDT) on August 18, 1994, unless sooner 
terminated by the Captain of the Port.

    Dated: July 27, 1994.
J.E. Veentjer,
Commander, U.S. Coast Guard, Alternate Captain of the Port Puget Sound.
[FR Doc. 94-19529 Filed 8-9-94; 8:45 am]
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