Safety Zone; MODU KULLUK; Sitkalidak Island to Kiliuda Bay, AK, 6033-6035 [2013-01794]
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Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Rules and Regulations
PART 162—INSPECTION, SEARCH,
AND SEIZURE
or kind included in two or more
seizures will be advertised as one unit.
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1. The general authority citation for
part 162 and the specific authority
citation for § 162.45 continue to read as
follows:
Dated: January 23, 2013.
Janet Napolitano,
Secretary.
6033
33 CFR Part 165
[Docket No. USCG–2012–1088]
Authority: 5 U.S.C. 301; 19 U.S.C. 66,
1592, 1593a, 1624; 6 U.S.C. 101; 8 U.S.C.
1324(b).
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2. In § 162.45, paragraphs (b)(1) and
(b)(2) are revised to read as follows:
§ 162.45 Summary forfeiture; Property
other than Schedule I and Schedule II
controlled substances; Notice of seizure
and sale.
sroberts on DSK5SPTVN1PROD with
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(b) Publication. (1) If the appraised
value of any property in one seizure
from one person, other than Schedule I
and Schedule II controlled substances
(as defined in 21 U.S.C. 802(6) and 812),
exceeds $5,000, the notice will be
published by its posting on an official
Government forfeiture Web site for at
least 30 consecutive days. Information
pertaining to the Government forfeiture
Web site will be posted in a
conspicuous place that is accessible to
the public at all customhouses and all
sector offices of the U.S. Border Patrol.
In CBP’s sole discretion, and as
circumstances warrant, additional
publication for at least three successive
weeks in a print medium may be
provided. All known parties-in-interest
will be notified in writing of the
Government Web site address and the
date of Internet publication (and
pertinent information regarding print
publication, when appropriate).
(2) In all other cases, except for
Schedule I and Schedule II controlled
substances (see § 162.45a), the notice
will be published by its posting on an
official Government forfeiture Web site
for at least 30 consecutive days and by
its posting for at least three successive
weeks in a conspicuous place that is
accessible to the public at the
customhouse located nearest the place
of seizure or the appropriate sector
office of the U.S. Border Patrol. All
known parties-in-interest will be
notified in writing of the Government
Web site address and the date of
Internet publication (and pertinent
information regarding print publication,
when appropriate). The posting at the
customhouse or sector office will
contain the date of on-site posting.
Articles of small value of the same class
16:39 Jan 28, 2013
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
VerDate Mar<15>2010
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2013–01757 Filed 1–28–13; 8:45 am]
BILLING CODE 9111–14–P
Section 162.45 also issued under 19 U.S.C.
1607, 1608;
*
Table of Acronyms
RIN 1625–AA00
■
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR John Cashman, U.S. Coast
Guard, Seventeenth Coast Guard
District; telephone 907–463–2058,
john.d.cashman@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Jkt 229001
Safety Zone; MODU KULLUK;
Sitkalidak Island to Kiliuda Bay, AK
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters, from surface to
seabed, around the MODU KULLUK
currently located near Ocean Bay,
Sitkalidak Island, Alaska with
anticipated movement into Kiliuda Bay,
Alaska. The temporary safety zone will
encompass the navigable waters within
a one nautical mile radius of the MODU
KULLUK while it is aground near
Sitkalidak Island and will decrease to
encompass the navigable waters within
500 yards of the MODU KULLUK while
it is being towed through and anchored
within Kiliuda Bay. The purpose of the
safety zones is to protect persons and
vessels from the inherent dangers of
salvage, towing and recovery operations
of the MODU KULLUK. This safety zone
in effect continues the temporary safety
zone that was established immediately
following the MODU KULLUK
grounding and provides a longer
effective period in anticipation of
extended salvage efforts and eventual
tow to another location.
DATES: This rule is effective with actual
notice from January 6, 2013 until
January 29, 2013. This rule is effective
in the Federal Register from January 29,
2013 until March 31, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0668 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–1088 in the ‘‘Search’’ box,
and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
SUMMARY:
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A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The MODU
KULLUK grounded during severe
weather in the vicinity of Sitkalidak
Island and response, recovery and
salvage efforts began immediately. A
temporary final rule (USCG–2011–0668)
was issued on January 2, 2013 creating
a safety zone one nautical mile around
the MODU KULLUK. This new
temporary final rule is established to
cover the anticipated time necessary for
salvage operations, the towing of MODU
KULLUK to Kiliuda Bay and the
operations necessary to assess and
repair the vessel.
For similar reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register
because immediate action is needed to
minimize potential danger to the public
during the period of time when there
will be unusually high vessel traffic
engaged in conducting the salvage
operations in the vicinity of Ocean Bay,
Sitkalidak Island, Alaska and during the
tow and recovery of MODU KULLUK in
Kiliuda Bay.
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Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Rules and Regulations
B. Basis and Purpose
The MODU KULLUK unexpectedly
grounded during severe weather in the
vicinity of Sitkalidak Island, Alaska,
precipitating a salvage and recovery
operation. The Coast Guard believes a
safety zone is needed based on the
significant number of persons, vessels
and activities necessary to conduct
salvage of the MODU KULLUK, a nonself-propelled vessel. The salvage
operations are expected to involve a
large number of vessels, including tow
vessels, pollution response vessels and
dive vessels. The salvage, tow and
recovery operations including towing
and anchoring the vessel, assessment
and repair is anticipated to take up to
90 days.
A temporary safety zone is needed to
ensure vessels engaged in the salvage
operation are able to maneuver
unimpeded in the vicinity of the MODU
KULLUK and to keep other mariners a
safe distance from heavy equipment,
large vessels, cables, divers and other
activities involved in the salvage
operations occurring in the vicinity of
Ocean Bay and Partition Cove on the
South side of Sitkalidak Island near
Kodiak Island, Alaska and during the
towing, anchoring, assessment and
repairs of the MODU KULLUK that will
take place within the navigable waters
of Kiliuda Bay.
C. Discussion of Final Rule
For the reasons stated above, the
Coast Guard is establishing a safety zone
in the navigable waters, from surface to
seabed, within a one nautical mile
radius of the MODU KULLUK while it
is aground near Ocean Bay, Sitkalidak
Island, and for all navigable waters,
from surface to seabed, within 500 yards
of the MODU KULLUK at all other times
once it is floating free from the seabed,
from January 6, 2013 through March 31,
2013. If the salvage and recovery
operations are completed, and the safety
zone is determined to be no longer
necessary, enforcement of the zone will
end prior to March 31, 2013.
sroberts on DSK5SPTVN1PROD with
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
VerDate Mar<15>2010
15:39 Jan 28, 2013
Jkt 229001
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The rule is not a significant regulatory
action due to the minimal impact this
will have on standard vessel operations
within the vicinity of Sitkalidak Island
and Kiliuda Bay during the winter
months and it will be enforced for a
short duration. The proposed safety
zone is designed to allow vessels
transiting through the area to safely
travel around the MODU KULLUK
salvage operation, towing and recovery
areas without incurring additional cost
or delay.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit through or
anchor in the vicinity of Ocean Bay,
Sitkalidak Island or within Kiliuda Bay
in the vicinity of the MODU KULLUK
from January 6, 2013 to March 31, 2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will be
effective for a short period of time,
enforcement will end once the salvage
operations are completed and the zone
is limited to the waters within one
nautical mile of the MODU KULLUK
while aground and within 500 yards of
the MODU KULLUK while it is towed
or at anchor within Kiliuda Bay.
Minimal use of the waterway is
expected due to the winter weather
conditions.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
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jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for the
collection of new information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Rules and Regulations
8. Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
sroberts on DSK5SPTVN1PROD with
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing regulations for a safety
zone. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
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15:39 Jan 28, 2013
Jkt 229001
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0171.1.
2. Add § 165.T17–1088 to read as
follows:
■
§ 165.T17–1088 Safety Zone; MODU
KULLUK, Ocean Bay, Sitkalidak Island and
Shelikof Strait, Alaska.
(a) Location. The following areas are
safety zones: All navigable waters, from
the surface to the seabed, within one
nautical mile of the MODU KULLUK, a
large ocean-going drill vessel, while it is
aground in the vicinity of Ocean Bay
and Partition Cove, Sitkalidak Island,
Alaska, in approximate position 57
degrees, 05.4′ N; 153 degrees, 06.1′ W
and all navigable waters, from surface to
seabed, within 500 yards of the MODU
KULLUK, once it is floating free from
the seabed including times that it is
under tow and at anchor in the vicinity
of Kodiak Island and Kiliuda Bay,
Alaska.
(b) Effective date. The safety zone is
effective beginning January 6, 2013, and
terminates at 11:59 p.m. on March 31,
2013. Enforcement of this safety zone
may end earlier if ordered by the
Captain of the Port, Western Alaska.
(c) Regulations. The general
regulations governing safety zones
contained in § 165.23 apply to all
vessels operating within the areas
described in paragraph (a). In addition
to the general regulations, the following
provisions apply to this safety zone:
(1) All persons and vessels shall
comply with the instructions of the
Captain of the Port (COTP) or
designated on-scene representative,
consisting of commissioned, warrant,
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6035
and petty officers of the Coast Guard.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of a
vessel shall proceed as directed by the
COTP’s designated on-scene
representative.
(2) Entry into the safety zone is
prohibited unless authorized by the
COTP or his designated on-scene
representative. Any persons desiring to
enter the safety zone must contact the
designated on-scene representative on
VHF channel 16 (156.800 MHz) and
receive permission prior to entering.
(3) If permission is granted to transit
within the safety zone, all persons and
vessels must comply with the
instructions of the designated on-scene
representative.
(4) The COTP will notify the maritime
and general public by marine
information broadcast during the period
of time that the safety zones are in force
including notification that the MODU
KULLUK is free from the ocean bottom
and the subsequent reduction in size of
the safety zone by providing notice in
accordance with 33 CFR 165.7.
(d) Penalties. Persons and vessels
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: January 6, 2013.
P. Mehler, III,
Captain, U.S. Coast Guard, Captain of the
Port, Western Alaska.
[FR Doc. 2013–01794 Filed 1–28–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0648; EPA–R05–
OAR–2012–0834; FRL–9773–5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio
and Indiana; Cincinnati-Hamilton, OH;
Ohio and Indiana 1997 8-Hour Ozone
Maintenance Plan Revisions to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving the request
by Ohio and Indiana to revise the
Cincinnati-Hamilton 1997 8-hour ozone
maintenance air quality State
Implementation Plans (SIPs) to replace
the previously approved motor vehicle
emissions budgets (budgets) with
budgets developed using EPA’s Motor
SUMMARY:
E:\FR\FM\29JAR1.SGM
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Agencies
[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Rules and Regulations]
[Pages 6033-6035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01794]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-1088]
RIN 1625-AA00
Safety Zone; MODU KULLUK; Sitkalidak Island to Kiliuda Bay, AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters, from surface to seabed, around the MODU KULLUK
currently located near Ocean Bay, Sitkalidak Island, Alaska with
anticipated movement into Kiliuda Bay, Alaska. The temporary safety
zone will encompass the navigable waters within a one nautical mile
radius of the MODU KULLUK while it is aground near Sitkalidak Island
and will decrease to encompass the navigable waters within 500 yards of
the MODU KULLUK while it is being towed through and anchored within
Kiliuda Bay. The purpose of the safety zones is to protect persons and
vessels from the inherent dangers of salvage, towing and recovery
operations of the MODU KULLUK. This safety zone in effect continues the
temporary safety zone that was established immediately following the
MODU KULLUK grounding and provides a longer effective period in
anticipation of extended salvage efforts and eventual tow to another
location.
DATES: This rule is effective with actual notice from January 6, 2013
until January 29, 2013. This rule is effective in the Federal Register
from January 29, 2013 until March 31, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0668 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-1088 in the
``Search'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR John Cashman, U.S. Coast Guard, Seventeenth Coast
Guard District; telephone 907-463-2058, john.d.cashman@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
MODU KULLUK grounded during severe weather in the vicinity of
Sitkalidak Island and response, recovery and salvage efforts began
immediately. A temporary final rule (USCG-2011-0668) was issued on
January 2, 2013 creating a safety zone one nautical mile around the
MODU KULLUK. This new temporary final rule is established to cover the
anticipated time necessary for salvage operations, the towing of MODU
KULLUK to Kiliuda Bay and the operations necessary to assess and repair
the vessel.
For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register because immediate
action is needed to minimize potential danger to the public during the
period of time when there will be unusually high vessel traffic engaged
in conducting the salvage operations in the vicinity of Ocean Bay,
Sitkalidak Island, Alaska and during the tow and recovery of MODU
KULLUK in Kiliuda Bay.
[[Page 6034]]
B. Basis and Purpose
The MODU KULLUK unexpectedly grounded during severe weather in the
vicinity of Sitkalidak Island, Alaska, precipitating a salvage and
recovery operation. The Coast Guard believes a safety zone is needed
based on the significant number of persons, vessels and activities
necessary to conduct salvage of the MODU KULLUK, a non-self-propelled
vessel. The salvage operations are expected to involve a large number
of vessels, including tow vessels, pollution response vessels and dive
vessels. The salvage, tow and recovery operations including towing and
anchoring the vessel, assessment and repair is anticipated to take up
to 90 days.
A temporary safety zone is needed to ensure vessels engaged in the
salvage operation are able to maneuver unimpeded in the vicinity of the
MODU KULLUK and to keep other mariners a safe distance from heavy
equipment, large vessels, cables, divers and other activities involved
in the salvage operations occurring in the vicinity of Ocean Bay and
Partition Cove on the South side of Sitkalidak Island near Kodiak
Island, Alaska and during the towing, anchoring, assessment and repairs
of the MODU KULLUK that will take place within the navigable waters of
Kiliuda Bay.
C. Discussion of Final Rule
For the reasons stated above, the Coast Guard is establishing a
safety zone in the navigable waters, from surface to seabed, within a
one nautical mile radius of the MODU KULLUK while it is aground near
Ocean Bay, Sitkalidak Island, and for all navigable waters, from
surface to seabed, within 500 yards of the MODU KULLUK at all other
times once it is floating free from the seabed, from January 6, 2013
through March 31, 2013. If the salvage and recovery operations are
completed, and the safety zone is determined to be no longer necessary,
enforcement of the zone will end prior to March 31, 2013.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The rule is not a significant regulatory action due to the minimal
impact this will have on standard vessel operations within the vicinity
of Sitkalidak Island and Kiliuda Bay during the winter months and it
will be enforced for a short duration. The proposed safety zone is
designed to allow vessels transiting through the area to safely travel
around the MODU KULLUK salvage operation, towing and recovery areas
without incurring additional cost or delay.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit through or anchor in the vicinity of Ocean Bay,
Sitkalidak Island or within Kiliuda Bay in the vicinity of the MODU
KULLUK from January 6, 2013 to March 31, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be effective for a short period of time, enforcement will end
once the salvage operations are completed and the zone is limited to
the waters within one nautical mile of the MODU KULLUK while aground
and within 500 yards of the MODU KULLUK while it is towed or at anchor
within Kiliuda Bay. Minimal use of the waterway is expected due to the
winter weather conditions.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for the collection of new information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 6035]]
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves establishing regulations for a safety zone. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0171.1.
0
2. Add Sec. 165.T17-1088 to read as follows:
Sec. 165.T17-1088 Safety Zone; MODU KULLUK, Ocean Bay, Sitkalidak
Island and Shelikof Strait, Alaska.
(a) Location. The following areas are safety zones: All navigable
waters, from the surface to the seabed, within one nautical mile of the
MODU KULLUK, a large ocean-going drill vessel, while it is aground in
the vicinity of Ocean Bay and Partition Cove, Sitkalidak Island,
Alaska, in approximate position 57 degrees, 05.4' N; 153 degrees, 06.1'
W and all navigable waters, from surface to seabed, within 500 yards of
the MODU KULLUK, once it is floating free from the seabed including
times that it is under tow and at anchor in the vicinity of Kodiak
Island and Kiliuda Bay, Alaska.
(b) Effective date. The safety zone is effective beginning January
6, 2013, and terminates at 11:59 p.m. on March 31, 2013. Enforcement of
this safety zone may end earlier if ordered by the Captain of the Port,
Western Alaska.
(c) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply to all vessels operating within the
areas described in paragraph (a). In addition to the general
regulations, the following provisions apply to this safety zone:
(1) All persons and vessels shall comply with the instructions of
the Captain of the Port (COTP) or designated on-scene representative,
consisting of commissioned, warrant, and petty officers of the Coast
Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed by the COTP's designated on-scene representative.
(2) Entry into the safety zone is prohibited unless authorized by
the COTP or his designated on-scene representative. Any persons
desiring to enter the safety zone must contact the designated on-scene
representative on VHF channel 16 (156.800 MHz) and receive permission
prior to entering.
(3) If permission is granted to transit within the safety zone, all
persons and vessels must comply with the instructions of the designated
on-scene representative.
(4) The COTP will notify the maritime and general public by marine
information broadcast during the period of time that the safety zones
are in force including notification that the MODU KULLUK is free from
the ocean bottom and the subsequent reduction in size of the safety
zone by providing notice in accordance with 33 CFR 165.7.
(d) Penalties. Persons and vessels violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: January 6, 2013.
P. Mehler, III,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2013-01794 Filed 1-28-13; 8:45 am]
BILLING CODE 9110-04-P