[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Rules and Regulations]
[Pages 54152-54153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22846]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00-011]
RIN 2115-AA97


 Safety Zone; Northstar Dock, Seal Island, Prudhoe Bay, Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary 200-yard radius 
safety zone in the navigable waters around the Northstar dock, Seal 
Island, Prudhoe Bay, Alaska. The Crowley Marine Services' Barge 400 
will be offloading modules that are part of the buildings to be set on 
Seal Island. This safety zone is implemented to ensure the safe and 
timely arrival, and offloading of the Barge 400.

DATES: This temporary final rule is effective from 12:01 am August 1, 
2000, until 11:59 pm September 30, 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

    A notice of proposed rulemaking (NPRM) for this regulation was not 
published. 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. Due to the unpredictable edge of the ice cap in the 
Arctic Ocean, it was difficult to predict when vessel traffic would be 
able to transit safely, and therefore publishing the NPRM in a timely 
manner was not feasible. The Barge 400 will be offloading a large 
module and other equipment onto Seal Island, Prudhoe Bay, Alaska. 
Vessels or personnel not engaged in the offloading operation and 
operating within the 200-yard radius may place themselves at risk of 
injury. The event is scheduled for August 1, 2000 and the permit 
request was only recently received.

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 Northstar 
Dock, Seal Island, Prudhoe Bay, Alaska. The Crowley Barge Barge 400 
will moor at the dock and offload the module and associated equipment. 
The safety zone is designed to permit the safe and timely offloading of 
this vessel in the 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 with populations less than 50,000. 
Because this safety zone is very small, will only be in effect for two 
months, 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.

Assistance for Small Entities

    In accordance with Sec. 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

[[Page 54153]]

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 the office listed in 
ADDRESSES in this preamble.

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 
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. Section 165.T17-00-011 is temporarily added to read as follows:


Sec. 165.T17-00-011  Safety Zone; Northstar, Seal Island, Prudhoe Bay, 
Alaska.

    (a) Description. The following area is a Safety Zone: All navigable 
waters within a 200-yard radius of the Northstar Dock, Seal Island, 
Prudhoe Bay, Alaska.
    (b) Effective dates. This section is effective from 12:01 a.m. 
August 1, 2000, until 11:59 p.m. September 30, 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 33 
CFR, 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 BARGE 400 via marine VHF channel 16. The Captain of 
the Port's representative can also be contacted by telephone at (907) 
271-6700.

    Dated: July 31, 2000.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 00-22846 Filed 9-6-00; 8:45 am]
BILLING CODE 4910-15-U