[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Rules and Regulations]
[Pages 29067-29069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11390]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Southeast Alaska 04-001]
RIN 1625-AA00


Safety Zone; Peril Strait, Cozian Reef, Motor Vessel LeConte, 
Southeast Alaska

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone in an area one-half mile around the Motor Vessel LeConte, which 
ran aground in Peril Strait, Alaska. The Motor Vessel LeConte is 
currently aground on Cozian Reef and has sustained damage. The 
temporary safety zone is necessary to protect mariners from the dangers 
associated with ongoing operations and to allow workers to safely 
conduct salvage and pollution prevention operations. This action will 
restrict vessels from approaching within one-half mile of the Motor 
Vessel LeConte at all times until salvage and pollution prevention 
operations are complete.

DATES: This rule is effective from May 10, 2004, until June 30, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP

[[Page 29068]]

Southeast Alaska 04-001 and are available for inspection or copying at 
USCG Marine Safety Juneau, 2760 Sherwood Lane, Suite 2A, Juneau, 
Alaska, between 9:30 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Stephanie Conrad, project officer, 
USCG Marine Safety Office Juneau, at (907) 463-2450.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The Coast Guard is taking this 
action for the immediate protection of vessels and personnel operating 
in the vicinity of the grounded Motor Vessel LeConte.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Publication of a notice of 
proposed rulemaking and delay of effective date would be contrary to 
the public interest because immediate action is necessary to provide 
for the safety of persons and vessels conducting salvage and 
environmental clean-up operations in the vicinity of the Motor Vessel 
LeConte. Because of the danger posed by the damaged vessel, immediate 
action is necessary to provide for the safety of mariners.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone that will 
restrict vessel traffic in the vicinity of Cozian Reef, Peril Strait, 
within one-half mile of the Motor Vessel LeConte. Vessels are 
prohibited from entering the zone without the permission of the Captain 
of the Port, Southeast Alaska. The temporary safety zone is necessary 
to protect mariners from the hazards associated with the ongoing 
operations around the Motor Vessel LeConte. Public notifications will 
be made via marine broadcasts and other advisories so mariners can 
adjust their plans accordingly. Coast Guard vessels operating in the 
vicinity of Cozian Reef will also advise mariners of the area closure.

Discussion of Rule

    The Coast Guard is establishing a safety zone around the Motor 
Vessel LeConte, which has run aground on Cozian Reef in position 
57[deg]34' N, 135[deg]26' W. The zone will comprise an area one-half 
mile around the Motor Vessel LeConte. Within the zone, only vessels 
with the permission of the Captain of the Port, Southeast Alaska are 
permitted to enter. The limited size of the zone is designed to 
minimize the impact on other vessels transiting the area.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, 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 Homeland 
Security (DHS). This finding is based on the limited size of the safety 
zone. Because the zone is so small, transiting vessels will be able to 
transit around the zone, thus it will have minimal, if any, impact on 
vessels transiting the waters of Peril Strait. Marine information 
broadcasts will advise mariners of the safety zone and its 
restrictions.

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 may affect the owners or operators of vessels 
intending to transit in the vicinity of Cozian Reef, some of which may 
be small entities. This safety zone will not have a significant 
economic impact on these entities because marine traffic will still be 
able to transit around the area while operations are ongoing.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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.

[[Page 29069]]

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 analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. This rule creates no additional vessel traffic and thus 
imposes no additional burdens on the environment. It simply provides 
guidelines for vessels transiting in Peril Strait so that vessels may 
transit safely in the vicinity of the Motor Vessel LeConte. Under 
figure 2-1, paragraph (34)(g), of the Instruction, an ``Environmental 
Analysis Check List'' and a ``Categorical Exclusion Determination'' are 
not required for this rule.

List of Subjects in 33 CFR Part 165

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


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. From May 10, 2004 through June 30, 2004, temporarily add Sec.  
165.T17-018 to read as follows:


Sec.  165.T17-018  Safety Zone; Peril Strait, Cozian Reef, Motor Vessel 
LeConte, Southeast Alaska.

    (a) Location. The following area is a safety zone: all waters 
within one-half mile of the Motor Vessel LeConte. Specifically, an area 
one-half mile around the location where the Motor Vessel LeConte has 
run aground at position 57[deg]34' N, 135[deg]26' W, in Peril Strait, 
Southeast Alaska.
    (b) Regulations.
    (1) All persons and vessels are required to comply with the general 
regulations governing safety zones found in section 165.23 of this 
part.
    (2) All vessels are prohibited from entering the safety zone 
without the permission of the Captain of the Port, Southeast Alaska. 
Permission to enter the zone may be gained by contacting the Captain of 
the Port's designated On Scene Commander as specified below. In 
addition, all persons must comply with the instructions of Coast Guard 
Captain of the Port representatives or designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a vessel displaying a 
U.S. Coast Guard ensign by siren, radio, flashing light or other means, 
the operator of the vessel must proceed as directed. Coast Guard 
Auxiliary and local or state agencies may be present to inform vessel 
operators of the requirements of this section and other applicable 
laws.
    (3) Permission to enter the safety zone can be gained by contacting 
the On Scene Commander, the Captain of the Port's representative 
enforcing the safety zone. The On Scene Commander can be contacted on 
VHF marine band radio, channels 13 and 16. The Captain of the Port can 
be contacted at (907) 463-2450.
    (c) Enforcement period. This section will be enforced from May 10, 
2004, until June 30, 2004. If enforcement ends before June 30, 2004, 
the Coast Guard will do a broadcast notice to mariners informing 
mariners that the zone is no longer being enforced.

    Dated: May 10, 2004.
John P. Sifling,
Commander, United States Coast Guard, Captain of the Port, Southeast 
Alaska.
[FR Doc. 04-11390 Filed 5-19-04; 8:45 am]
BILLING CODE 4910-15-P