[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]



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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.

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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]
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