Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to Captains Bay, Unalaska Island, AK, 14185-14188 [2013-04989]
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Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations
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[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 https://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
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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
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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:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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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.
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
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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
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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
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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.
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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.
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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
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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
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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.
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SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG–
2012–1075]. To view documents
mentioned in this preamble as being
ADDRESSES:
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available in the docket, go to https://
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
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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.
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]]>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]
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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.
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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
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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
