Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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###### Department of Transportation

###### Coast Guard 

          - 33 CFR Part 165 
          - [COTP Western Alaska 00-004] 
          - RIN 2115-AA97 

# AGENCY:

Coast Guard, DOT. 

# ACTION:

Temporary final rule. 

# 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°41′74″ W, longitude 151°40′33″ N. This safety zone is implemented to ensure the safe and timely movement                           ( print 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, § 165.T17-004 is temporarily added to read as follows: 

§ 165.T17-004 

                            (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