65786 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Southeast Alaska; 00–016]

RIN 2115–AA97

Safety Zone; Wrangell Narrows,

Petersburg, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

around the barge SWINIMOSH which

will be conducting blasting/dredging

operations along the navigable waters of

Wrangell Narrows Shipping Channel,

Petersburg, Alaska. This safety zone will

require periodic complete channel

closures to all vessel traffic transiting

the channel as necessary for the barge

SWINIMOSH to conduct operations.

This safety zone is needed to protect

maritime vessels transiting the area from

the potential hazards associated with

the blasting/dredging operations

conducted by the barge SWINIMOSH.

DATES: This temporary final rule

becomes effective at 12:01 a.m.

November 2, 2000 and terminates at

12:01 a.m. December 16, 2000.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at U.S. Coast

Guard, Marine Safety Office, 2760

Sherwood Lane, Suite 2A, Juneau,

Alaska between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (907)

463–2450.

FOR FUTHER INFORMATION CONTACT:

Lieutenant Cecil McNutt Jr., Chief Port

Operations Department, U.S. Coast

Guard Marine Safety Office Juneau,

(907) 463–2470.

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 a good cause exists

for not publishing a NPRM. Application

for the blasting operations was not

received by the Marine Safety Office

Juneau until October 9, 2000. The

operations are scheduled to commence

November 2, 2000; thus time to publish

a NPRM is inadequate for this

regulation. 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 the

effective date would be contrary to the

public interest because immediate

action is necessary to protect the safety

of the maritime vessel traffic in the

vicinity of the blasting operation.

Background and Purpose

The U.S. Army Corps of Engineers

through its contractor Western Marine

Construction, Inc will be conducting

blasting/dredging operations on

portions of Wrangell Narrows Shipping

Channel for the Wrangell Narrows

Project (ACOE project number

DACW85–00–C–0015). This dredging

project is necessary to maintain safe

navigation within the Wrangell Narrows

Shipping Channel. A 500-yard safety

zone around the barge SWINIMOSH

along with periodic complete channel

closures is needed to protect the safety

of the maritime vessel traffic from the

potential hazards associated with

blasting/dredging operations.

The blasting operations will begin

12:01 a.m. 02 November 2000, and will

last until 12:01 a.m. 16 December 2000.

This safety zone is necessary to protect

the maritime public from the potential

hazards associated with the blasting/

dredging operations.

Regulatory Evaluation

This temporary rule is not a

significant regulatory action under

section 3(f) of the Executive Order

12866 and does not require an

assessment of potential costs and

benefits under sections 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) (44FR 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

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

must consider 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 effects

on 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 rule contains no information

collection requirements under the

Paperwork Reduction Act of 1995 (44

US.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

temporary final rule under the

principles and criteria contained in

Executive Order 13132 and has

determined that this temporary final

rule does not have sufficient federalism

implications 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.

Unfunded Mandates

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) and E.O.

12875, Enhancing the Intergovernmental

Partnership, (58 FR 58093; October 28,

1993) govern the issuance of Federal

regulations that require unfunded

mandates. An unfunded mandate is a

regulation that requires a State, local, or

tribal government or the private sector

to incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations 65787

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 § 165.T17–SEAK–

016 is added to read as follows:

§ 165.T17–SEAK–016 Wrangell Narrows

Channel, Petersburg , Alaska-Safety Zone.

(a) Location. The following area is a

temporary safety zone: The waters

within a 500 yard radius of the barge

SWINIMOSH while engaged in blasting/

dredging operations to include periodic

complete channel closures in Wrangell

Narrows Shipping Channel, Petersburg

AK from Point Lockwood Rock, Lighted

Marker #1 (LL #22845), 56°34.0’ N,

132°58.1’ W to Rock Point, Lighted

Marker #40 (LL #23070), 56°40.3’ N,

132°56.1’ W.

(b) Effective dates. This regulation

becomes effective at 12:01 a.m.

November 2, 2000 and terminates at

12:01 a.m. December 16, 2000.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this safety zone is

prohibited except as authorized by the

Captain of the Port-Southeast Alaska.

The attending tug WALDO will be

standing by on channel 16 and 13 for

traffic advisory. All approaching vessel

traffic must contact the tug WALDO

prior to transiting the channel.

Dated: 17 October 2000.

R.C. Lorigan,

Captain, U.S. Coast Guard, Captain of the

Port, Southeast Alaska.

[FR Doc. 00–28056 Filed 11–1–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000426114-0114-01; I.D.

101700E]

Fisheries of the Northeastern United

States; Spiny Dogfish Fishery;

Commercial Quota Harvested for

Period 2

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure; commercial quota for

period 2.

SUMMARY: NMFS announces that the

spiny dogfish commercial quota

available in Period 2 to the coastal states

from Maine through Florida has been

harvested. Therefore, the spiny dogfish

fishery will remain closed and

commercial vessels may not land spiny

dogfish from Maine through Florida

through April 24, 2001. Regulations

governing the spiny dogfish fishery

require publication of this notification

to advise the coastal states from Maine

through Florida that the quota has been

harvested and to advise vessel permit

holders and dealer permit holders that

no commercial quota is available for

landing spiny dogfish in these states.

DATES: Effective November 1, 2000,

0001 hrs, local time, through April 24,

2001, 2400 hrs, local time.

FOR FURTHER INFORMATION CONTACT:

David M. Gouveia, Fishery Policy

Analyst, at (978) 281-9280.

SUPPLEMENTARY INFORMATION:

Regulations governing the spiny dogfish

fishery are found at 50 CFR part 648.

The regulations require annual

specification of a commercial quota,

which is allocated into two quota

periods based upon percentages of the

annual quota. The period 1 commercial

quota (May through October) is

distributed to the coastal states from

Maine through Florida as described in

§ 648.230.

The initial total commercial quota for

spiny dogfish for the 2000 fishing year

was set equal to 4,000,000 lb (1,814 mt)

(65 FR 25887, May 4, 2000). The

commercial quota is allocated into two

periods (May 1 through October 31, and

November 1 through April 30), with trip

limits intended to preclude directed

fishing. Quota period 1 was allocated

2,316,000 lb (1,050 mt) and quota period

2 was allocated 1,684,000 lb (764 mt) of

the commercial quota, respectively.

Section 648.231 requires the

Administrator, Northeast Region, NMFS

(Regional Administrator) to monitor the

commercial spiny dogfish quota for each

quota period and, based upon dealer

reports, state data, and other available

information, to determine when the

commercial quota has been harvested.

NMFS is required to publish a

notification in the Federal Register

advising and notifying commercial

vessels and dealer permit holders that,

effective upon a specific date, the spiny

dogfish commercial quota has been

harvested and no commercial quota is

available for landing spiny dogfish for

the remainder of a given quota period.

Based on dealer reports and other

available information, the Regional

Administrator closed quota period 1 on

August 1, 2000 (65 FR 46877, August 1,

2000). However, due to state

management actions that were

inconsistent with the Federal quota,

spiny dogfish landings have already

exceeded the annual quota for the entire

2000 fishing year. Therefore, the

Regional Administrator is announcing

that the 2000 commercial period 2 quota

for spiny dogfish has been harvested

and the commercial spiny dogfish

fishery will remain closed for the

remainder of the fishing year.

Section 648.4(b) provides that Federal

spiny dogfish permit holders agree, as a

condition of the permit, not to land

spiny dogfish in any state after NMFS

has published notification in the

Federal Register that the commercial

quota for the period has been harvested

and that no commercial quota for the

spiny dogfish fishery is available. The

Regional Administrator has determined

that period 2 for spiny dogfish no longer

has commercial quota available.

Therefore, effective 0001 hrs local time,

November 1, 2000, landings of spiny

dogfish in coastal states from Maine

through Florida by vessels holding

commercial Federal fisheries permits

are prohibited through April 24, 2001,

2400 hrs local time. The fishing year

2001 quota period 1 for commercial

spiny dogfish harvest will open on May

1, 2001. Effective November 1, 2000,

federally permitted dealers are also

advised that they may not purchase

spiny dogfish from federally permitted

spiny dogfish permit holders that land

in coastal states from Maine through

Florida for quota period 2 (through

April 24, 2001).

Classification

This action is required by 50 CFR part

648 and is exempt from review under

Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: October 26, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–28054 Filed 11–1–00; 8:45 am]

BILLING CODE 3510–22–S