[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Rules and Regulations]
[Pages 6475-6477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1669]


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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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