[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Rules and Regulations]
[Pages 5010-5012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1214]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Western Alaska-6-001]
RIN 1625-AA00
Safety Zone; Alaska, South Central, Cook Inlet, Kamishak Bay
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone near
Augustine Island, located in Kamishak Bay in Cook Inlet, Alaska. The
zone is needed to protect marine traffic from hazards associated with
recent eruptions of the Augustine Volcano. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Commander, Seventeenth Coast Guard District; the Coast Guard Captain of
the Port, Western Alaska; or their on-scene representative. The
intended effect of the proposed safety zone is to mitigate damage to
vessels from hazards associated with the Augustine Volcano.
DATES: This rule is effective from January 18, 2006 through September
1, 2006 or until cancelled.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Western Alaska-6-001] and are
available for inspection or copying at Coast Guard Marine Safety Office
Anchorage, 510 ``L'' Street, Suite 100, Anchorage, AK 99501. Normal
Office hours are 7:30 a.m. to 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Meredith Gillman, Marine Safety
Office Anchorage, at (907) 271-6700.
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. Any delay encountered in this
regulation's effective date would be contrary to public interest
because immediate action is needed to prevent a risk to vessel traffic
posed by the Augustine Volcano, which began erupting intermittently and
with little advance warning on January 11, 2006.
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
[[Page 5011]]
Register. The Safety Zone is being implemented in response to recent
eruptions from the Augustine Volcano. Any delay encountered in this
regulation's effective date would be unnecessary and contrary to public
interest, since immediate action is needed to mitigate damage to
vessels resulting from eruptions of the Augustine Volcano. The Coast
Guard will terminate the zone when the Captain of the Port has
determined that the Augustine Volcano no longer poses an immediate
threat to marine traffic.
Background and Purpose
On January 10, 2006 the Alaska Volcano Observatory noted a marked
increase in seismic activity beneath the Augustine Volcano. On January
11, two discrete explosions were recorded at the volcano's summit. An
ash cloud was released, and small volcanic mudflows formed and extended
to 500 feet above sea level. Several small explosive events occurred on
January 13, producing ash clouds, pyroclastic flows, and volcanic
mudflows. The National Weather Service issued a marine advisory
indicating that the volcano generated moving avalanches of hot debris,
which could reach the shoreline of Augustine Island and continue moving
off-shore. Floating rafts of pumice may have been or may be generated,
which could pose an additional risk to marine traffic. Additional
eruptions occurred on January 14 and January 18.
Discussion of Rule
Based on historical information from past eruptions of the
Augustine Volcano and technical information provided by the Alaska
Volcano Observatory and National Weather Service, the Captain of the
Port, Western Alaska, identified the area where volcanic eruptions were
likely to result in conditions that would be immediately hazardous to
vessel traffic. The safety zone was established in the area where
moving avalanches of hot debris, pyroclastic flows, and volcanic
mudflows could pose unpredictable, immediate, and inescapable hazards
to navigation. This area is defined by the navigable waters located
within one nautical mile of the Augustine Island shoreline. There are
additional hazards to marine traffic, including volcanic ash, that are
likely to occur outside the established safety zone following a
volcanic eruption.
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).
The Coast Guard expects 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 DHS is unnecessary.
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 navigable waters located within one nautical mile of
the Augustine Island shoreline.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone does not impact any navigable channels. Vessels transiting
through Cook Inlet can transit around the safety zone. We will
terminate the safety zone when volcanic activity no longer poses an
immediate threat to vessel traffic.
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.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not
[[Page 5012]]
require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' will be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--[AMENDED]
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 January 18, 2006 to September 1, 2006, add temporary Sec.
165.T17-023 to read as follows:
Sec. 165.T17-023 Safety Zone; Alaska, South Central, Cook Inlet,
Kamishak Bay.
(a) Description. This safety zone consists of the area located
within 1 nautical mile of St. Augustine Island.
(b) Enforcement periods. The safety zone in this section will be
enforced from January 18, 2006 through September 1, 2006.
(c) Regulations. (1) The Captain of the Port and the Duty Officer
at Marine Safety Office, Anchorage, Alaska can be contacted at
telephone number (907) 271-6700.
(2) The Captain of the Port may authorize and designate any Coast
Guard commissioned, warrant, or petty officer to act on his behalf in
enforcing the safety zone.
(3) The general regulations governing safety zones contained in
Sec. 165.23 apply. No person or vessel may enter or remain in this
safety zone without first obtaining permission from the Captain of the
Port or his on-scene representative.
Dated: January 18, 2006.
M.R. DeVries,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. E6-1214 Filed 1-30-06; 8:45 am]
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