[Federal Register: May 20, 2004 (Volume 69, Number 98)]
[Rules and Regulations]
[Page 29067-29069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my04-13]
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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]
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