[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Rules and Regulations]
[Pages 24874-24875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10607]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00-001]
RIN 2115-AA97


Safety Zone; Kachemak Bay, Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 200 yard radius 
safety zone on the navigable waters of the United States around the 
Heavy-lift vessel SWAN that will load the Crowley Marine barge 240-1 
carrying living quarters for the Exploratory Drilling Structure 
``OSPREY'' in Kachemak Bay, Alaska. This safety zone is implemented to 
ensure the safe and timely anchoring, loading, and departure of vessels 
and a barge operating in Kachemak Bay.

DATES: This temporary final rule is effective from 12:01 a.m. on May 4, 
2000, until 11:59 p.m. on May 9, 2000.

ADDRESSES: The public docket for this rulemaking is maintained by Coast 
Guard Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100, 
Anchorage, AK 99501. Materials in the public docket are available for 
inspection and copying at Coast Guard Marine Safety Office Anchorage. 
Normal Office hours are 7:30 a.m. to 4 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Rick Rodriguez, 
Chief of Port Operations, USCG Marine Safety Office, Anchorage, at 
(907) 271-6724.

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 the 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. Meeting 
these requirements is impracticable because the scope of the loading 
activities and logistical details surrounding the loading of this barge 
on the Heavy-lift vessel SWAN was not finalized and provided to the 
Coast Guard until less than 30 days before the project date. 
Furthermore, it is in the public interest to insure the timely and safe 
loading of the barge onboard the Heavy-lift vessel SWAN to ensure that 
they do not place other vessels or personnel at risk to injury.

Background and Purpose

    The Coast Guard is establishing a temporary 200-yard radius safety 
zone on the navigable waters of the United States around the Heavy-lift 
vessel SWAN that will load the Crowley Marine barge 240-1 carrying the 
living quarters for the Exploratory Drilling Structure ``OSPREY'' in 
Kachemak Bay, Alaska. The safety zone is designed to permit the safe 
and timely anchoring, loading, and departure of this vessel in the 
narrow timeframe in which this can be safely done. The safety zone's 
200-yard standoff also aids the safety of these evolutions by 
minimizing conflicts and hazards that might otherwise occur with other 
transiting vessels. The limited size of the zone is designed to 
minimize impact on other mariners transiting through the area.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential cost and benefits under section 6(a)(3) of that order. It has 
not been reviewed 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 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 considers whether this rule will have significant economic 
impacts on a substantial number of small entities. ``Small entities'' 
include small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions

[[Page 24875]]

with populations less than 50,000. Because this safety zone is very 
small, will only be in effect for six days, and does not impede access 
to other maritime facilities in the area, the Coast Guard believes 
there will be no impact to small entities. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This rule does not provide for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this 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 rule 
and concluded that, under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because it establishes a safety zone. 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 record 
keeping requirements, Security measures, Waterways.

Temporary Regulation

    For the reasons discussed 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. From 12:01 a.m. on May 4, 2000, until 11:59 p.m. on May 9, 2000, 
Sec. 165.T17-00-001 is temporarily added to read as follows:


Sec. 165.T17-00-001  Safety Zone; Kachemak Bay, Alaska.

    (a) Description. The following area is a Safety Zone: All navigable 
waters within a 200 yard radius of the Heavy-lift vessel SWAN, located 
in Kachemak Bay, Alaska.
    (b) Effective Dates. This section is effective from 12:01 a.m. on 
May 4, 2000, until 11:59 p.m. on May 9, 2000.
    (c) Regulations.
    (1) The Captain of the Port means the Captain of the Port, Western 
Alaska. The Captain of the Port may authorize or designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf as 
his representative.
    (2) The general regulations governing safety zones contained in 
Title 33 Code of Federal Regulations, Sec. 165.23 apply. No person or 
vessel may enter, transit through, anchor or remain in this safety 
zone, with the exception of attending vessels, without first obtaining 
permission from the Captain of the Port, Western Alaska, or his 
representative. The Captain of the Port or his representative may be 
contacted in the vicinity of the SWAN via marine VHF channel 16. The 
Captain of the Port's representative can also be contacted by telephone 
at (907) 271-6700.

    Dated: April 13, 2000.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 00-10607 Filed 4-27-00; 8:45 am]
BILLING CODE 4910-15-P