[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Rules and Regulations]
[Pages 11922-11924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6359]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones in 
Ouzinkie Harbor, Ouzinkie, Alaska. One safety zone will surround the 
barge SWINOMOSH which will be conducting dredging and blasting 
operations in the navigable waters of Ouzinkie Harbor. The second 
safety zone will close all of Ouzinkie Harbor when the barge SWINOMOSH 
conducts blasting operations. The 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 SWINOMOSH.

DATES: This rule is effective from 12:01 a.m. Alaska Standard Time 
(AST) March 13, 2002, until 9 p.m. AST April 30, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (COTP Western Alaska 02-003) and are available for 
inspection or copying at Coast Guard Marine Safety Office Anchorage, 
Alaska 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:

Regulatory Information

    On January 31, 2002 we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Ouzinkie Harbor, Ouzinkie, Alaska'' in 
the Federal Register (67 FR 4692). We did not receive any comments from 
the public. No public hearing was requested, and none was held.
    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.

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 SWINOMOSH and a safety zone closing the harbor and 
evacuating all vessels from 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.

Discussion of Comments and Changes

    We did not receive any comments but we made a few technical and 
clarification changes to the rule. In paragraph (a) of section 165.T17-
002, we changed the phrase ``dredging and blasting operations'' to 
``dredging or blasting operations,'' to clarify that the barge zone 
will be enforced when the barge SWINOMOSH was engaged in dredging 
alone. We changed the start date for the effective period in paragraph 
(b) to reflect a delay in the start of the dredging operations, and 
clarified that blasting and dredging operations will only occur in 
daylight hours. We also added the time zone in which this safety zone 
will occur. In paragraph(c) we added wording to clarify how the tug 
WALDO will notify vessels of blasting operations about to occur.

Regulatory Evaluation

    This 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

[[Page 11923]]

safety zone around the barge SWINOMOSH will not restrict vessels from 
transiting through the harbor. Also, the safety zone closing Ouzinkie 
Harbor during blasting operations will be announced well in advance 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This 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 will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
safety zone area around the barge SWINOMOSH will not restrict vessels 
from transiting through Ouzinkie Harbor and vessels could pass safely 
around it. Also, the safety zone closing Ouzinkie Harbor during 
blasting operations will be announced well in advance 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 will 
issue a broadcast notice to mariners to warn maritime vessel traffic of 
the safety zones and operations occurring within the safety zones.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.

Collection of Information

    This 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 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 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 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 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 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 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.

Energy Effects

    We have analyzed this 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.

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 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 amends 
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) SWINOMOSH Barge safety zone: All navigable waters within a 500-
yard radius of the barge SWINOMOSH while it is engaged in dredging or 
blasting operations.
    (2) Ouzinkie Harbor safety zone: All waters in Ouzinkie Harbor, 
excluding the SWINOMOSH Barge safety zone,

[[Page 11924]]

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. 
Alaska Standard Time (AST) March 13, 2002, until 9 p.m. AST April 30, 
2002. Blasting and dredging operations will occur in daylight hours 
only during this effective period.
    (c) Regulations. The general regulations contained in 33 CFR 165.23 
apply. The attending tug WALDO will broadcast a SECURITE message on 
VHF-FM channels 16 and 13 prior to each blasting operation and will be 
standing by on these channels for traffic advisory. All vessels must 
have permission of the Captain of the Port to enter the safety zones in 
this section and must monitor broadcasts by the tug WALDO while in the 
zones. All vessel traffic must be clear of Ouzinkie Harbor before 
blasting operations may occur.

    Dated: February 27, 2002.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 02-6359 Filed 3-15-02; 8:45 am]
BILLING CODE 4910-15-U