[Federal Register Volume 64, Number 65 (Tuesday, April 6, 1999)]
[Rules and Regulations]
[Pages 16641-16642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8476]
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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.
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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. 99-8476 Filed 4-5-99; 8:45 am]
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