[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Rules and Regulations]
[Pages 30885-30886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12151]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00-002]
RIN 2115-AA97


Safety Zone; Port Graham, Cook Inlet, AK

AGENCY: Coast Guard, DOT,

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 600-yard radius 
safety zone Port Graham, Cook Inlet, Alaska. The Heavy-lift vessel SWAN 
will anchor in this position and off-load equipment for the Exploratory 
Drilling Structure `OSPREY'. This safety zone is implemented to ensure 
the safe and timely anchoring, loading, and departure of vessels and a 
barge operating in Port Graham, Cook Inlet, Alaska.

DATES: This temporary final rule is effective from 12:01 a.m. on June 
12, 2000, until 11:59 p.m. on June 16, 2000.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553 (b) (B), the Coast Guard finds that good 
cause exists for not publishing an 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 platform is a large structure that is 
difficult to maneuver, and will be towed in the strong currents of Cook 
Inlet, Alaska. Publishing an NPRM and delaying the effective date of 
the regulation would be contrary to the public interest, because 
immediate action is necessary to protect participants and other vessel 
traffic from the potential hazards associated with the operation.

Background and Purpose

    The Coast Guard is establishing a temporary 600-yard radius safety 
zone on the navigable waters of the United States around latitude 
59 deg.21'36" N, longitude 151 deg.50'40" W (NAD 1983). The Heavy-lift 
vessel SWAN will anchor in this position and off-load the tower, tower 
legs, and associated equipment for the Exploratory Drilling Structure 
`OSPREY' in Port Graham, Cook Inlet, Alaska. The safety zone is 
designed to permit the safe and timely anchoring, off-loading, and 
departure of this vessel in the narrow timeframe in which this can be 
safely done. The safety zone's 600-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 with populations less than 50,000. 
Because this safety zone is very small, will only be in effect for five 
days, and does not impede access to other

[[Page 30886]]

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. Sec. 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 13132 and has determined that 
this rule does not have implications for federalism under that Order.

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.

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 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 June 12, 2000, until 11:59 p.m. on June 16, 
2000, Sec. 165.T17-002 is temporarily added to read as follows:


Sec. 165.T17-002  Safety Zone; Port Graham, Cook Inlet, Alaska.

    (a) Description. The following area is a Safety Zone: All navigable 
waters within a 600-yard radius of the Heavy-lift vessel SWAN, located 
in Port Graham, Cook Inlet, Alaska.
    (b) Effective dates. This section is effective from 12:01 a.m. on 
June 12, 2000, until 11:59 p.m. on June 16, 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 14, 2000.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 00-12151 Filed 5-12-00; 8:45 am]
BILLING CODE 4910-15-P