[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Proposed Rules]
[Pages 4692-4694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2276]


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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]
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