[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19529]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-94-024]
RIN 2115-AA97
Safety Zone Regulation; Reactor Compartment Move, Puget Sound, WA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a moving safety zone 300 yards
around the tugs BARBARA/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 8 a.m. (PDT) on August 18, 1994.
The zone is needed to protect the tugs BARBARA/RICHARD FOSS and the
barge NESTUCCA from safety hazards associated with onlookers and others
who may wish to view the barge at close quarters. Entry into this zone
is prohibited unless authorized by the Captain of the Port.
EFFECTIVE DATES: This regulation becomes effective on August 17, 1994
at 2 a.m. (PDT). It terminates when the tugs BARBARA/RICHARD FOSS and
the barge are south of Latitude 47 deg.32'N, Queets, Washington, at 8
a.m. (PDT) on August 18, 1994, unless sooner terminated by the Captain
of the Port.
FOR FURTHER INFORMATION CONTACT: LT. J.D. Gafkjen, 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 rulemaking 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 BARBARA/RICHARD FOSS
and the barge and other vessels that may transit the area. Less than 30
days notice was given to the Coast Guard by the U.S. Navy, thus, there
was 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 LT J.D. Gafkjen, project
officer for the Captain of the Port, and LT L.J. Argenti, project
attorney, Thirteenth Coast Guard District Legal Office.
Discussion of Regulation
The event requiring this regulation will begin on August 17, 1994
at 2 a.m. (PDT). Upon request by the U.S. Navy, the Coast Guard is
establishing a 300 yard moving safety zone around the tugs BARBARA/
RICHARD FOSS, the towline, and the barge NESTUCCA while the 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 8 a.m. (PDT) on August 18, 1994. This transit
may result in a large number of vessels congregating near the tugs
BARBARA/RICHARD FOSS and the barge or in their paths. Concern is
justified due to the limited maneuverability of the tugs BARBARA/
RICHARD FOSS and the barge and for the safety of the mariners who may
attempt to approach the tugs BARBARA/RICHARD FOSS and the barge 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 the 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 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. A Categorical Exclusion Determination statement
has been prepared and placed in the rulemaking docket.
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, subpart C of 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, 160.5; 49 CFR 1.46.
2. A new section 165.T13-020 is temporarily added to read as
follows:
Sec. 165.T13-020 Safety Zone: Puget Sound, WA.
(a) Location. The following area is a safety zone: All waters
within 300 yards of the tugs BARBARA/RICHARD FOSS, the towline and the
barge 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 8 a.m. (PDT) on August 18, 1994.
(b) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into this zone is prohibited, unless
authorized by the Captain of the Port or his designated representative.
The 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.
(c) Effective dates. This section becomes effective on August 17,
1994, at 2 a.m. (PDT). -It terminates when the tugs BARBARA/RICHARD
FOSS and the barge are south of Latitude 47 deg.32'N, Queets,
Washington, at 8 a.m. (PDT) on August 18, 1994, unless sooner
terminated by the Captain of the Port.
Dated: July 27, 1994.
J.E. Veentjer,
Commander, U.S. Coast Guard, Alternate Captain of the Port Puget Sound.
[FR Doc. 94-19529 Filed 8-9-94; 8:45 am]
BILLING CODE 4910-14-M
