Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to Captains Bay, Unalaska Island, AK, 14185-14188 [2013-04989]

Download as PDF Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations * * * * * [FR Doc. 2013–05151 Filed 3–4–13; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0104] Drawbridge Operation Regulation; Gulf Intracoastal Waterway, LA Coast Guard, DHS. Notice of deviation from regulation. AGENCY: emcdonald on DSK67QTVN1PROD with RULES ACTION: SUMMARY: The Coast Guard has issued a temporary deviation from the regulation governing the operation of the Lapalco Boulevard bascule span drawbridge across the Harvey Canal Route, Gulf Intracoastal Waterway (GIWW), mile 2.8 at New Orleans, Jefferson Parish, Louisiana. The deviation is necessary to change out the four drive panels for the motors that operate the bridge. This deviation allows the bridge to remain closed to navigation for seven consecutive days. DATES: This deviation is effective from 6 a.m. on Monday, March 18, 2013, until 6 a.m. on Monday, March 25, 2013. ADDRESSES: The docket for this deviation, [USCG–2013–0104] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 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 temporary deviation, call or email Kay Wade, Bridge Branch Office, Coast Guard; telephone 504–671–2128, email Kay.B.Wade@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366– 9826. VerDate Mar<15>2010 13:43 Mar 04, 2013 Jefferson Parish has requested a temporary deviation from the operating schedule for the Bascule Span Bridge across the Harvey Canal Route, Intracoastal Waterway, mile 2.8 at New Orleans, Jefferson Parish, Louisiana. The bridge has a vertical clearance of 45 feet above mean high water in the closed-tonavigation position and unlimited in the open-to-navigation position. Vessels requiring a clearance of less than 45 feet may transit beneath the bridge during maintenance operations. In accordance with 33 CFR 117.451(a), the bridge currently opens on signal for the passage of vessels; except that, from 6:30 a.m. to 8:30 a.m. and from 3:45 p.m. to 5:45 p.m. Monday through Friday except holidays, the draw need not be opened for the passage of vessels. This deviation allows the bridge to remain closed to navigation from 6 a.m. on Monday, March 18, 2013, until 6 a.m. on Monday, March 25, 2013. At all other times, the bridge will open on signal for the passage of vessels in accordance with 33 CFR 117.451(a). The closure is necessary in order to change out the four drive panels for the motors that operate the bridge. This maintenance is essential for the continued operation of the bridge. Notices will be published in the Eighth Coast Guard District Local Notice to Mariners and will be broadcast via the Coast Guard Broadcast Notice to Mariners System. Navigation on the waterway consists mainly of tugs with tows with some commercial fishing vessels and recreational craft. Coordination between the Coast Guard and the waterway users determined that there should not be any significant effects on these vessels. The bridge will be unable to open during these repairs; however, an alternate route is available via the GIWW (Algiers Alternate Route). In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: Approved: March 1, 2013. David V. Aguilar, Deputy Commissioner, U.S. Customs and Border Protection. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. Jkt 229001 Dated: February 21, 2013. David M. Frank, Bridge Administrator. [FR Doc. 2013–05071 Filed 3–4–13; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 14185 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0091] RIN 1625–AA00 Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to Captains Bay, Unalaska Island, AK Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone in the navigable waters, from surface to seabed, around the Outer Continental Shelf Mobile Offshore Drilling Unit (MODU) KULLUK currently located in Kiliuda Bay, Kodiak Island, Alaska with planned towed transit into Captains Bay, Unalaska Island, AK. The temporary safety zone will encompass the navigable waters within a 1000 meter radius of the MODU KULLUK while it is being towed to and located within Captains Bay to include while at anchor and through the loading of the MODU KULLUK onto the transport ship M/V XIANG RUI KOU. The purpose of the safety zone is to protect persons and vessels from the inherent dangers of towing and loading operations of the MODU KULLUK. DATES: This rule is effective with actual notice from February 20, 2013 until March 5, 2013. This rule is effective in the Code of Federal Regulations from March 5, 2013 until April 30, 2013. ADDRESSES: The docket for this rule, USCG–2013–0091, is available online at www.regulations.gov by typing in the docket number in the ‘‘SEARCH’’ box and clicking ‘‘SEARCH.’’ Next, click on the Open Docket Folder on the line associated with this rule. 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 Jason Boyle, U.S. Coast Guard, Seventeenth Coast Guard District; telephone 907–463–2821, jason.t.boyle@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: E:\FR\FM\05MRR1.SGM 05MRR1 14186 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking emcdonald on DSK67QTVN1PROD with RULES 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. Following an assessment, it was determined that the MODU KULLUK required towing to Captains Bay, Unalaska for loading aboard a transport ship for further relocation. This new temporary final rule is established to cover the anticipated time necessary for the towing of MODU KULLUK to Captains Bay and the operations necessary to load the vessel onto the transport ship for transit to the vessels repair facility. Notice and comment rulemaking is impracticable because this transport for further repairs was unexpected and requiring notice and comment would create further delay in achieving those repairs and safeguarding the public from the significant amount of vessels and crew required to tow this MODU. 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 during towing operations to Captains Bay, Alaska and the complexities of loading the MODU KULLUK aboard the transport ship. 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 MODU KULLUK was towed to Kiliuda Bay for damage assessments. The Coast Guard believes a VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 safety zone is needed based on the significant number of persons, vessels and activities necessary to tow and load the MODU KULLUK, a non-selfpropelled vessel. The tow operations are expected to involve a large number of vessels, including tow vessels, and pollution response vessels. The tow and loading operation is anticipated to take up to 30 days. A temporary safety zone is needed to ensure vessels engaged in the towing operation are able to maneuver unimpeded in the vicinity of the MODU KULLUK and to keep other mariners a safe distance from tow cables, vessels and other activities involved in the towing operations from Kiliuda Bay, AK to Captains Bay, AK and the loading of the MODU KULLUK onto the transport ship M/V XIANG RUI KOU that will take place within the navigable waters of Captains Bay, AK. Previously, a temporary final rule (USCG–2011–0668) was issued on January 2, 2013, creating a safety zone one nautical mile around the MODU KULLUK. A second temporary final rule (USCG–2012–1088) was issued on January 6, 2013, creating a safety zone around the MODU KULLUK while it was towed and anchored for assessment and repairs in 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 1000 meter radius of the MODU KULLUK while it being towed to and anchored in Captains Bay, AK and while it is being loaded onto the M/V XIANG RUI KOU from February 20, 2013 through April 30, 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 April 30, 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 13563. The Office of Management and Budget has not reviewed it under those Orders. The proposed rule is not a significant regulatory action due to the minimal impact this will have on standard vessel operations within the vicinity of transit route from Kiliuda Bay, AK to Captains Bay, AK 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 during towing operations and loading area 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 transit route from Kiliuda Bay, AK to Captains Bay, AK or within Captains Bay, AK in the vicinity of the MODU KULLUK from February 20, 2013, to April 30, 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 towing and loading operations are completed, and the zone is limited to the waters within 1000 meter radius of the MODU KULLUK while it is towed to or at anchor within Captains Bay. 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 E:\FR\FM\05MRR1.SGM 05MRR1 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 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. 9. Civil Justice Reform 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). 11. Indian Tribal Governments 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. emcdonald on DSK67QTVN1PROD with RULES 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. 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. VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 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. 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 14187 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, secs. 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.T17–0091 to read as follows: ■ § 165.T17–0091 Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island to Captains Bay, Unalaska Island, Alaska. (a) Location. The following areas are safety zones: All navigable waters, from the surface to the seabed, within a one thousand meter radius of the MODU KULLUK, a large ocean-going drill vessel, while it is under tow from Kiliuda Bay, Kodiak Island to Captains Bay, Unalaska Island, Alaska and while the MODU KULLUK is anchored or moored in Captains Bay including times while it is being loaded onto and aboard the transport ship M/V XIANG RUI KOU. (b) Effective date. The safety zone is effective beginning February 20, 2013, and terminates at 11:59 p.m. on April 30, 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, 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 E:\FR\FM\05MRR1.SGM 05MRR1 14188 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 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 loaded onto the M/V XIANG RUI KOU 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: February 20, 2013. Paul Mehler III, Captain, U.S. Coast Guard, Captain of the Port, Western Alaska. Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking [FR Doc. 2013–04989 Filed 3–4–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–1075] RIN 1625–AA00 Safety Zone, Change to Enforcement Period, Patapsco River, Northwest and Inner Harbors; Baltimore, MD Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is changing the enforcement period of a safety zone regulation for the annual movement of the historic sloop-of-war USS CONSTELLATION. This regulation applies to a recurring event that takes place in Baltimore, MD. The safety zone regulation is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Patapsco River, Northwest Harbor and Inner Harbor during the event. DATES: This rule is effective April 4, 2013. emcdonald on DSK67QTVN1PROD with RULES SUMMARY: Documents mentioned in this preamble are part of docket [USCG– 2012–1075]. To view documents mentioned in this preamble as being ADDRESSES: VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 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 Mr. Ronald L. Houck, Sector Baltimore, Waterways Management Division, U.S. Coast Guard; telephone (410) 576–2674, email Ronald.L.Houck@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: A. Regulatory History and Information On January 9, 2013, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety Zone, Change to Enforcement Period, Patapsco River, Northwest and Inner Harbors; Baltimore, MD’’ in the Federal Register (78 FR 1795). We received no comments on the proposed rule. No public meeting was requested, and none was held. B. Basis and Purpose Historic Ships in Baltimore is planning to conduct its ‘‘turn-around’’ ceremony involving the sloop-of-war USS CONSTELLATION in Baltimore, Maryland on the Thursday before Memorial Day (observed). Planned events include a three-hour, round-trip tow of the USS CONSTELLATION in the Port of Baltimore, consisting of an onboard salute with navy pattern cannon while the historic vessel is positioned off the Fort McHenry National Monument and Historic Site. Beginning at 3 p.m., the historic Sloopof-War USS CONSTELLATION will be towed ‘‘dead ship,’’ which means that the vessel will be underway without the benefit of mechanical or sail propulsion. The return dead ship tow of the USS CONSTELLATION to its berth in the Inner Harbor is expected to occur immediately upon execution of a tugassisted ‘‘turn-around’’ of the USS CONSTELLATION on the Patapsco River near Fort McHenry. The Coast PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Guard anticipates a large recreational boating fleet during this event, scheduled on a late Thursday afternoon before the Memorial Day Holiday weekend in Baltimore, Maryland. Operators should expect significant vessel congestion along the planned route. In the event of inclement weather, the ‘‘turn-around’’ will be rescheduled for the Thursday following Memorial Day (observed). To address safety concerns during the event, the Captain of the Port Baltimore is changing the enforcement period of a safety zone regulation for the annual movement of the historic sloop-of-war USS CONSTELLATION, conducted upon certain waters of the Patapsco River, Northwest Harbor and Inner Harbor. The change to the enforcement period of the safety zone will help the Coast Guard provide a clear transit route for the participating vessels, and provide a safety buffer around the participating vessels while they are in transit. This rule is needed to ensure safety on the waterway in the Port of Baltimore before, during and after the scheduled event. C. Discussion of Comments, Changes and the Final Rule The Coast Guard received no comments in response to the NPRM. No public meeting was requested and none was held. 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. Although this safety zone restricts vessel traffic through the affected area, the effect of this regulation will not be significant due to the limited size and duration that the regulated area will be in effect. In addition, notifications will be made to the maritime community via marine information broadcasts so mariners may adjust their plans accordingly. E:\FR\FM\05MRR1.SGM 05MRR1

Agencies

[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Rules and Regulations]
[Pages 14185-14188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04989]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0091]
RIN 1625-AA00


Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to 
Captains Bay, Unalaska Island, 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 Outer Continental 
Shelf Mobile Offshore Drilling Unit (MODU) KULLUK currently located in 
Kiliuda Bay, Kodiak Island, Alaska with planned towed transit into 
Captains Bay, Unalaska Island, AK. The temporary safety zone will 
encompass the navigable waters within a 1000 meter radius of the MODU 
KULLUK while it is being towed to and located within Captains Bay to 
include while at anchor and through the loading of the MODU KULLUK onto 
the transport ship M/V XIANG RUI KOU. The purpose of the safety zone is 
to protect persons and vessels from the inherent dangers of towing and 
loading operations of the MODU KULLUK.

DATES: This rule is effective with actual notice from February 20, 2013 
until March 5, 2013. This rule is effective in the Code of Federal 
Regulations from March 5, 2013 until April 30, 2013.

ADDRESSES: The docket for this rule, USCG-2013-0091, is available 
online at www.regulations.gov by typing in the docket number in the 
``SEARCH'' box and clicking ``SEARCH.'' Next, click on the Open Docket 
Folder on the line associated with this rule. 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 Jason Boyle, U.S. Coast Guard, Seventeenth Coast 
Guard District; telephone 907-463-2821, jason.t.boyle@uscg.mil. If you 
have questions on viewing or submitting material to the docket, call 
Barbara Hairston, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 14186]]

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. Following an assessment, it was determined that the MODU 
KULLUK required towing to Captains Bay, Unalaska for loading aboard a 
transport ship for further relocation. This new temporary final rule is 
established to cover the anticipated time necessary for the towing of 
MODU KULLUK to Captains Bay and the operations necessary to load the 
vessel onto the transport ship for transit to the vessels repair 
facility. Notice and comment rulemaking is impracticable because this 
transport for further repairs was unexpected and requiring notice and 
comment would create further delay in achieving those repairs and 
safeguarding the public from the significant amount of vessels and crew 
required to tow this MODU.
    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 during 
towing operations to Captains Bay, Alaska and the complexities of 
loading the MODU KULLUK aboard the transport ship.

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 MODU KULLUK was towed to Kiliuda Bay for damage 
assessments. The Coast Guard believes a safety zone is needed based on 
the significant number of persons, vessels and activities necessary to 
tow and load the MODU KULLUK, a non-self-propelled vessel. The tow 
operations are expected to involve a large number of vessels, including 
tow vessels, and pollution response vessels. The tow and loading 
operation is anticipated to take up to 30 days.
    A temporary safety zone is needed to ensure vessels engaged in the 
towing operation are able to maneuver unimpeded in the vicinity of the 
MODU KULLUK and to keep other mariners a safe distance from tow cables, 
vessels and other activities involved in the towing operations from 
Kiliuda Bay, AK to Captains Bay, AK and the loading of the MODU KULLUK 
onto the transport ship M/V XIANG RUI KOU that will take place within 
the navigable waters of Captains Bay, AK.
    Previously, a temporary final rule (USCG-2011-0668) was issued on 
January 2, 2013, creating a safety zone one nautical mile around the 
MODU KULLUK. A second temporary final rule (USCG-2012-1088) was issued 
on January 6, 2013, creating a safety zone around the MODU KULLUK while 
it was towed and anchored for assessment and repairs in 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 
1000 meter radius of the MODU KULLUK while it being towed to and 
anchored in Captains Bay, AK and while it is being loaded onto the M/V 
XIANG RUI KOU from February 20, 2013 through April 30, 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 April 30, 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 proposed rule is not a significant regulatory action due to the 
minimal impact this will have on standard vessel operations within the 
vicinity of transit route from Kiliuda Bay, AK to Captains Bay, AK 
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 during towing 
operations and loading area 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 transit route from 
Kiliuda Bay, AK to Captains Bay, AK or within Captains Bay, AK in the 
vicinity of the MODU KULLUK from February 20, 2013, to April 30, 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 towing and loading operations are completed, and the zone is 
limited to the waters within 1000 meter radius of the MODU KULLUK while 
it is towed to or at anchor within Captains Bay.

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

[[Page 14187]]

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.

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, secs. 
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, Sec.  6.04-6, 
AND Sec.  160.5; Pub L. 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0171.1.


0
2. Add Sec.  165.T17-0091 to read as follows:


Sec.  165.T17-0091  Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak 
Island to Captains Bay, Unalaska Island, Alaska.

    (a) Location. The following areas are safety zones: All navigable 
waters, from the surface to the seabed, within a one thousand meter 
radius of the MODU KULLUK, a large ocean-going drill vessel, while it 
is under tow from Kiliuda Bay, Kodiak Island to Captains Bay, Unalaska 
Island, Alaska and while the MODU KULLUK is anchored or moored in 
Captains Bay including times while it is being loaded onto and aboard 
the transport ship M/V XIANG RUI KOU.
    (b) Effective date. The safety zone is effective beginning February 
20, 2013, and terminates at 11:59 p.m. on April 30, 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

[[Page 14188]]

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 loaded onto 
the M/V XIANG RUI KOU 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: February 20, 2013.
Paul Mehler III,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2013-04989 Filed 3-4-13; 8:45 am]
BILLING CODE 9110-04-P