[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Rules and Regulations]
[Pages 31479-31480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12461]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00-003]
RIN 2115-AA97


Safety Zone; Port Graham, Cook Inlet, Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 250-yard radius 
safety zone on the navigable waters located in Port Graham, Cook Inlet, 
Alaska. The Derrick Barge LOS ANGELES will anchor in this position and 
assemble the Exploratory Drilling Structure ``OSPREY''. This safety 
zone is implemented to ensure the safe and timely anchoring of the 
Derrick Barge LOS ANGELES and the safe assembly of the Drilling 
Structure OSPREY in Port Graham, Cook Inlet, Alaska. This safety zone 
is necessary because the operation requires the LOS ANGELES to remain 
in the anchoring position until the assembly of the OSPREY is complete. 
Vessels or personnel not engaged in the anchoring and assembly 
operation, and operating within the 250-yard radius may place 
themselves at risk to injury.

DATES: This temporary final rule is effective from 12:01 a.m. on June 
16, 2000, until 11:59 p.m. on July 10, 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 History

    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 and vessels or personnel not engaged in the towing or 
setting down operation operating within the 600-yard radius may place 
themselves at risk of injury. The event is scheduled for June 16, 2000 
and the permit request was only recently received.

Background and Purpose

    The Coast Guard is establishing a temporary 250-yard radius safety 
zone on the navigable waters of the United States around the position 
Latitude 59-21.40 N, Longitude 151-49.50 W. The Derrick Barge LOS 
ANGELES will anchor in this position and assemble the tower to the 
tower legs of the Exploratory Drilling Structure ``OSPREY'' in Port 
Graham, Cook Inlet, Alaska. The safety zone is designed to permit the 
safe and timely anchoring and assembly of this structure in the narrow 
timeframe in which this can be safely done. The safety zone's 250-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 
twenty five 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

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

[[Page 31480]]

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 16, 2000, until 11:59 p.m. on July 10, 
2000, Sec. 165.T17-003 is temporarily added to read as follows:


Sec. 165.T17-003  Safety Zone; Port Graham, Cook Inlet, Alaska.

    (a) Description. The following area is a Safety Zone: All navigable 
waters within a 250-yard radius of the Derrick Barge LOS ANGELES, 
located in Port Graham, Cook Inlet, Alaska.
    (b) Effective Dates. This section is effective from 12:01 a.m. on 
June 16, 2000, until 11:59 p.m. on July 10, 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 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. 00-12461 Filed 5-17-00; 8:45 am]
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