Ports and waterways safety: Ward Cove, Tongass Narrows, AK; safety zone,

[Federal Register: April 6, 1999 (Volume 64, Number 65)]

[Rules and Regulations]

[Page 16641-16642]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr06ap99-13]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Southeast Alaska 99-001]

RIN 2115-AA97

Safety Zone; Ward Cove, Tongass Narrows, Ketchikan, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

SUMMARY: The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of Ward Cove, on Tongass Narrows, Ketchikan, Alaska. The safety zone is needed to protect maritime vessels transiting the area from a potential navigation impediment created by the implosion of the Ketchikan Pulp Company's Bleach Plant, Digester and Accumulator buildings. This safety zone is established to encompass the navigable waters bounded by 55 deg.23'58'' N, 131 deg.43'37'' W, northwest across the mouth of Ward Cove to 55 deg.24'N, 131 deg.44'13'' W and all waters inside Ward Cove east of this line. Entry into, transit through or anchoring within this Safety Zone is prohibited unless authorized by the Captain of the Port Southeast Alaska or the Coast Guard vessel on scene. The Coast Guard vessel on scene may be contacted on VHF Channel 16.

DATES: This temporary final rule becomes effective at 9 a.m. AST, on April 1, 1999, and terminates at 12:01 a.m. ADT on April 15, 1999.

ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at Supervisor, U.S. Coast Guard, Marine Safety Detachment, 2030 Sealevel Drive, Suite 203, Ketchikan, Alaska between 8 a.m. and 2 p.m., Monday through Friday, except Federal holidays. The telephone number is (907) 225-4496.

FOR FURTHER INFORMATION CONTACT: Lieutenant Patrick W. Clark, Supervisor, U.S. Coast Guard, Marine Safety Detachment Ketchikan, (907) 225-4496.

SUPPLEMENTARY INFORMATION:

Regulatory History

A notice of proposed rulemaking (NPRM) was not published for this regulation. In keeping with requirements of 5 U.S.C. 553(B), the coast Guard finds that good cause exists for not publishing a NPRM. In keeping with requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds that good cause exists for making this regulation effective less than 30 days after publication in the Federal Register. Publication of a NPRM and delay of effective date would be contrary to the public interest because immediate action is necessary to protect the safety of the maritime vessel traffic.

Although this rule is being published as a temporary final rule without prior notice, an opportunity for public comment is nevertheless desirable to ensure the rule was both reasonable and workable. Accordingly, persons wishing to comment may do so by submitting comments to the office listed in ADDRESSES in this preamble. Persons submitting comments should include their names and addresses, identify this rulemaking (COTP Southeast Alaska 99-001) and the specific sections of this document to which each comment applies, and give the reason for each comment. The Coast Guard will consider all comments received and may modify future temporary final rules in view of the comments.

Background and Purpose

On April 1, 1999 at approximately 12:30 p.m. AST, Ketchikan Pulp Company will implode three of the facility's building. A 2000-foot radius safety zone is required around the demolition site to protect the maritime public from the hazards created by the activities being conducted in the area.

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

[[Page 16642]]

Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10(e) of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule will have a significant impact on a substantial number of small businesses and not-for-profit organizations that are not dominant in their respective fields, and governmental jurisdictions with populations less than 50,000. For the same reasons set forth in the above Regulatory Evaluation, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary final rule will not have a significant economic impact on a substantial number of small entities.

Assistance for Small Entities

In accordance with sec. 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist small entities in understanding this rule so that they can better evaluate its effectiveness in them and participate in the rulemaking process. If your small business or organization is affected by this rule and you have questions concerning its provisions or options for compliance, please contact the office listed in ADDRESSES in this preamble.

Collection of Information

This temporary final rule contains no information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this temporary final rule under the principals and criteria contained in Executive Order 12612 and has determined that this temporary final rules does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this temporary final rule and concluded that, under figure 2-1, paragraph (34)(g), of Commandant Instruction M16475.1C, this temporary final rule is categorically excluded from further environmental documentation. A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

For the reasons set out in the preamble, the Coast Guard amends 33 CFR Part 165 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 temporary section Sec. 165.T17-SEAK-001 is added to read as follows:

   Sec. 165.T17-SEAK-001 Safety Zone: Ward Cove, Tongass Narrows, Ketchikan Alaska.

   (a) Location. The following area is a Safety Zone: The navigable waters of Ward Cove bounded by a line starting at the Southeast shoreline of Ward Cove at 55 deg.23'58'' N, 131 deg.43'37'' W, proceeding northwest to 55 deg.24' N, 131 deg.44'13'' W, and all navigable waters inside Ward Cove to the east of the line.

   (b) Effective dates. This regulation becomes effective at 9 a.m. AST, on April 1, 1999, and terminates at 12:01 a.m. ADT on April 15, 1999.

   (c) Regulations. In accordance with the general regulations in Sec. 165.23 of this part, entry into this safety zone is prohibited except as authorized by the captain of the Port.

   Dated: March 16, 1999. W. David Eley, Commander, U.S. Coast Guard, Captain of the Port, Southeast Alaska.

   [FR Doc. 99-8476Filed4-5-99; 8:45 am]

   BILLING CODE 4910-15-M