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###### Department of Transportation

###### Coast Guard 

          - 33 CFR Part 165 
          - [COTP Western Alaska 00-003] 
          - RIN 2115-AA97 

# AGENCY:

Coast Guard, DOT.

# ACTION:

Temporary final rule. 

# 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                           ( print 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, § 165.T17-003 is temporarily added to read as follows: 

§ 165.T17-003 

                            (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] 

BILLING CODE 4910-15-P