[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45289-45290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18533]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00-010]
RIN 2115-AA97


Safety Zone; U. S. Marine Corps Water Jump, Resurrection Bay, 
Seward, Alaska

AGENCY: Coast Guard, DOT

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 1100 yard radius 
safety zone around a point located at 60 deg.02'28.7"N latitude, 
149 deg.23'02.8"W longitude in Resurrection Bay, Seward, AK. This 
safety zone is implemented to ensure the safety of approximately 25 U. 
S. Marine Corps personnel who will be jumping from a C-130 aircraft 
into the waters of Resurrection Bay at a time when this waterway will 
be extremely busy with commercial and recreational vessels. Entry into, 
transit through, anchoring or remaining in this zone is prohibited 
unless authorized by the Captain of the Port, Western Alaska, or his 
authorized representative.

DATES: This regulation is effective from 12:30 p.m. until 4:30 p.m. on 
July 20, 2000.

ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard 
Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100, Anchorage, 
AK 99501. Comments received will be 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 Mark McManus, USCG Marine 
Safety Office, Anchorage, at (907) 271-6762.

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Regulation publication. 
Publishing an NPRM and delaying its effective date would be contrary to 
the public interest since the scope of the activities requiring this 
safety zone, and other logistical details surrounding this port visit, 
were not finalized until a date fewer than 30 days prior to the project 
date. Furthermore, immediate action is necessary to provide for the 
safe transit of the vessel.
    Although this rule is being published as a temporary final rule 
without prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the rule is both reasonable and workable. 
Accordingly, persons wishing to comment may do so by submitting written 
comments to the office listed in ADDRESSES in this preamble. Those 
providing comments should identify the docket number for the regulation 
(COTP Western Alaska 00-010) and also include their name, addresses, 
and reason(s) for each comment presented. Based upon the comments 
received, the regulation may be changed.
    The Coast Guard plans no public meeting. Persons may request a 
public meeting by writing the Marine Safety Office in Anchorage, Alaska 
at the address listed in ADDRESSES in this preamble.

Background and Purpose

    Due to the fact that Resurrection Bay is a relatively narrow 
waterway, that commercial vessel traffic transits routinely through 
this area conducting business at the Port of Seward, and the large 
amount of recreational vessel traffic that utilize this waterway, the 
Coast Guard is establishing a 1100 yard radius safety zone to ensure 
the safety of 25 U.S. Marine Corps personnel that will be jumping into 
Resurrection Bay from a C-130 aircraft on July 20, 2000.

Discussion of the Regulation

    The Coast Guard is establishing a temporary 1100 yard safety zone 
around a point located at 60 deg.02'28.7"N latitude, 149 deg.23'02.8"W 
longitude in Resurrection Bay, Seward, AK. This safety zone is 
implemented to ensure the safety of approximately 25 U. S. Marine Corps 
personnel who will be jumping from a C-130 aircraft into the waters of 
Resurrection Bay at a time when this waterway will be extremely busy 
with commercial and recreational vessels. The proposed safety zone is 
intended to become effective at 12:30 a.m. on July 20, 2000, and 
terminate at 16:30 p.m. on July 20, 2000. Entry into, transit through, 
anchoring or remaining in this zone is prohibited unless authorized by 
the Captain of the Port or his authorized representative.

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 must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
governmental jurisdictions with populations less than 50,000. 
Commercial and recreational vessel traffic will be able to transit into 
and out of the Port of Seward via the traffic lanes that will be open 
on the east and west sides of the safety zone area during the entire 
effective period of this regulation. For the same reasons set forth in 
the above Regulatory Evaluation, the Coast Guard certifies under 5 
U.S.C. 605(b) that this rule is not expected to have a significant 
economic impact on any substantial number of entities, regardless of 
their size.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization is affected 
by this rule and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Mark McManus, Coast 
Guard Marine Safety Office Anchorage, AK, at (907) 271-6762.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

[[Page 45290]]

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 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.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected.
    No state, local, or tribal government entities will be effected by 
this rule, so this rule will not result in annual or aggregate costs of 
$100 million or more. Therefore, the Coast Guard is exempt from any 
further regulatory requirements under the Unfunded Mandates Act.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water). Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 reads as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.401-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T17-010 is added to read as follows:


Sec. 165.T17-010  Safety Zone; U. S. Marine Corps Water Jump, 
Resurrection Bay, Seward, Alaska

    (a) Description. The following area is a Safety Zone: All navigable 
waters within a 1100 yard radius around a point located at 
60 deg.02'28.7"N latitude, 149 deg.23'02.8"W longitude in Resurrection 
Bay, Seward, AK.
    (b) Effective Dates. This proposed regulation is effective at 12:30 
p.m. on July 20, 2000, and terminates at 16:30 p.m. on July 20, 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.
    (2) The general regulations governing safety zones contained in 33 
CFR 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 on scene representative.
    The U. S. Coast Guard Cutter Mustang will be enforcing the safety 
zone and can be reached on marine VHF channel 16. The Captain of the 
Port's representative can also be contacted by telephone at (907) 271-
6700.

    Dated: June 27, 2000
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 00-18533 Filed 7-18-00; 8:45 am]
BILLING CODE 4910-15-U