[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12112-12113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5385]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-95-002]
Safety Zone Regulation; Bremerton, Washington, to Queets,
Washington
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a moving safety zone 300 yards
around the tugs STACEY FOSS and RICHARD FOSS, the towline, and the
barge NESTUCCA while they are in transit from Puget Sound Naval
Shipyard, Bremerton, Washington, through U.S. navigable waters until
south of latitude 47 deg.32'N, Queets, Washington. The zone is needed
to protect the tugs STACEY FOSS and RICHARD FOSS, and the barge
NESTUCCA, and other persons, facilities, and vessels from safety
hazards associated with onlookers and others who may wish to view the
barge at close range. Entry into this zone is prohibited unless
authorized by the Captain of the Port.
EFFECTIVE DATES: This regulation becomes effective on March 22, 1995 at
5 a.m. (PDT). It terminates when the tugs STACEY FOSS and RICHARD FOSS
and the barge NESTUCCA are south of Latitude 47 deg.32'N, Queets,
Washington, at 1 p.m. (PDT) on March 23, 1995, unless sooner terminated
by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT: LTJG K. Paquette, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134,
(206) 217-6232.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rule making was not published for this regulation and good
cause exists for making it effective in less than 30 days after Federal
Register publication. Publishing an NPRM and delaying its effective
date would be contrary to the public interest since immediate action is
needed to prevent potential hazards to the tugs STACEY FOSS and RICHARD
FOSS and the barge NESTUCCA and other vessels that may transit the
area. Details were not available 30 days prior to the event, thus,
there were not sufficient time to publish proposed rules in advance of
the event or to provide a delayed effective date. Following normal
rulemaking procedures would be impracticable.
Drafting Information
The drafters of this regulation are LTJG K. Paquette, project
officer for the Captain of the Port, and LCDR J. Odell, project
attorney, Thirteenth Coast Guard District Legal Office.
Discussion of Regulation
The event requiring this regulation will begin on March 22, 1995 at
5 a.m. (PDT). In response to a request from the U.S. Navy, the Coast
Guard is establishing a 300 yard moving safety zone around the tugs
STACEY FOSS and RICHARD FOSS, the towline, and the barge NESTUCCA while
these vessels are in transit from Puget Sound Naval Shipyard,
Bremerton, Washington, through U.S. navigable waters until south of
Latitude 47 deg.32'N, Queets, Washington at 1 p.m. (PDT) on March 23,
1995. This transit may result in a large number of vessels congregating
near or in the path of the tugs STACEY FOSS and RICHARD FOSS and the
barge NESTUCCA. This safety zone is needed due to the limited
maneuverability of the tugs STACEY FOSS and RICHARD FOSS and the barge
NESTUCCA and the need to ensure the safety of the mariners who may
attempt to approach the tugs STACEY FOSS and RICHARD FOSS and the barge
NESTUCCA during their transit, as well as other vessels in the
immediate vicinity. This moving safety zone will be enforced by
representatives of the Captain of the Port Puget Sound, Seattle,
Washington. The Captain of he Port may be assisted by other federal
agencies.
This regulation is issued pursuant to 33 USC 1231 as set out in the
authority citation for all of part 165.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of [[Page 12113]] potential costs and benefits under section
6(a)(3) of that order. It has been exempted from review by the Office
of Management and Budget 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). The Coast Guard
expects the economic impact of this proposal to be so minimal that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
This final rule has been thoroughly reviewed by the Coast Guard and
determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2.c. of Commandant
Instruction M16475.1B.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, part 165 of title 33, Code of
Federal Regulations, is amended as follows:
PART 165--[AMENDED]
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, and 160.5; 49 CFR 1.46.
2. A new Sec. 165.T13-002 is added to read as follows:
Sec. 165.T13-002 Safety Zone: Puget Sound, Washington.
(a) Location. The following area is a safety zone: All waters
within 300 yards of the tugs STACEY FOSS and RICHARD FOSS, the towline,
and the barge NESTUCCA while in transit from Puget Sound Naval
Shipyard, Bremerton, Washington, through U.S. navigable waters until
south of Latitude 47 deg.32' N., Queets, Washington, at 1 p.m. (PDT) on
March 23, 1995.
(b) Definitions. A designated representative of the Captain of the
Port is any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port, Puget Sound, to act on his
behalf. The following officers have or will be designated by the
Captain of the Port: the Coast Guard Patrol Commander and the senior
boarding officer on each vessel enforcing the safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port or his designated
representatives.
(d) Effective dates. This regulation becomes effective on March 22,
1995 at 5 a.m. (PDT). It terminates when the tugs STACEY FOSS and
RICHARD FOSS and the barge NESTUCCA are south of Latitude 47 deg.32'
N., Queets, Washington, at 1 p.m. (PDT) on March 23, 1995, unless
sooner terminated by the Captain of the Port.
Dated: February 10, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 95-5385 Filed 3-3-95; 8:45 am]
BILLING CODE 4910-14-M
