[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Rules and Regulations]
[Pages 29954-29955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11705]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00-004]
RIN 2115-AA97


Safety Zone; Redoubt Shoal, Cook Inlet, Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 500-yard radius 
moving safety zone around the Exploratory Drilling Structure OSPREY as 
it is towed by Crowley Marine Service Tugs from Port Graham, Alaska to 
its set down site located in Redoubt Bay, Cook Inlet, Alaska. This 
safety zone is implemented to ensure the safe and timely movement and 
set down of the Drilling Structure OSPREY in Redoubt Bay, Cook Inlet, 
Alaska.

DATES: This temporary final rule is effective from 12:01 a.m. on July 
7, 2000, until 11:59 p.m. on July 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. 
Publishing an NPRM and delaying the effective date would be contrary to 
national safety interests since immediate action is needed to minimize 
potential danger to the public. The OSPREY is a large structure that is 
difficult to maneuver and presents a potential hazard. Publishing an 
NPRM and delaying the effective date of the regulation is warranted 
because immediate action is necessary to protect participants and other 
vessel traffic from the potential hazards associated with this 
operation.

Background and Purpose

    The Coast Guard is establishing a temporary 500-yard radius moving 
safety zone on the navigable waters of the United States around the 
Exploratory Drilling Structure OSPREY as it is towed by Crowley Marine 
Service Tugs from Port Graham, Alaska to its set down site located in 
Redoubt Bay, Cook Inlet, Alaska, latitude 60 deg.41'74" W, longitude 
151 deg.40'33" N. This safety zone is implemented to ensure the safe 
and timely movement

[[Page 29955]]

and set down of the Drilling Structure OSPREY in Redoubt Bay, Cook 
Inlet, Alaska. The 500-yard standoff of the safety zone 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 with populations less than 50,000. 
Because this safety zone is very small, will only be in effect for 
three 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 
Executive Order 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.

Temporary Final 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 July 7, 2000, until 11:59 p.m. on July 9, 
2000, Sec. 165.T17-004 is temporarily added to read as follows:


Sec. 165.T17-004  Safety Zone; Redoubt Bay, Cook Inlet, Alaska.

    (a) Description. The following area is a Safety Zone: All navigable 
waters within a 500-yard radius of the Exploratory Drilling Structure 
OSPREY as it transits between Port Graham and Redoubt Bay in Cook 
Inlet, Alaska.
    (b) Effective Dates. This section is effective from 12:01 a.m. on 
July 7, 2000, until 11:59 p.m. on July 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, part 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 OSPREY Platform via marine VHF channel 
16. The Captain of the Port's representative can also be contacted by 
telephone at (907) 271-6700.

    Dated: April 18, 2000.
W. J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 00-11705 Filed 5-9-00; 8:45 am]
BILLING CODE 4910-15-P