[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: 94-19530]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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DEPARTMENT OF TRANSPORTATION
 

33 CFR Part 165

[CGD13-94-023]

RIN-2115-AA9.7

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 with a 
radius of 300 yards around the tugs BARBARA/RICHARD FOSS, the towline 
and the barge 60 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 12 p.m. (PDT) on August 
11, 1994. The zone is needed to protect the tugs BARBARA/RICHARD FOSS 
and the barge 60 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 10, 1994 
at 6 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 12 
p.m. (PDT) on August 11, 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 10, 1994 
at 6 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 60 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 12 p.m. (PDT) on August 11, 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 1225 and 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, and 160.5; 49 CFR 1.46.

    2. A new Section 165.T13-019 is added to read as follows:


 Sec. 165.T13-019  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 60 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 12 p.m. (PDT) on August 11, 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 
representatives. 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 10, 
1994, at 6 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 12 p.m. (PDT) on August 11, 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. 94-19530 Filed 8-9-94; 8:45 am]
BILLING CODE 4910-14-M