Safety Zone; M/V XIANG YUN KOU and MODU NOBLE DISCOVERER; Resurrection Bay, Seward, AK, 16177-16180 [2013-05904]
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Rules and Regulations
(c) The United States Trustee may
issue a decision to deny a provider’s
application or to remove a provider
from the approved list whenever the
United States Trustee determines that
the provider has failed to comply with
the standards or requirements specified
in 11 U.S.C. 111, this part, or the terms
under which the United States Trustee
designated it to act as an approved
provider, including, but not limited to,
finding any of the following:
(1) If any entity has suspended or
revoked the provider’s license to do
business in any jurisdiction; or
(2) Any United States district court
has removed the provider under 11
U.S.C. 111(e).
(d) The United States Trustee shall
provide to the provider in writing a
notice of any decision either to:
(1) Deny the provider’s application; or
(2) Remove the provider from the
approved list.
(e) The notice shall state the reason(s)
for the decision and shall reference any
documents or communications relied
upon in reaching the denial or removal
decision. To the extent authorized by
law, the United States Trustee shall
provide to the provider copies of any
such documents that were not supplied
to the United States Trustee by the
provider. The notice shall be sent to the
provider by overnight courier, for
delivery the next business day.
(f) Except as provided in paragraph
(h) of this section, the notice shall
advise the provider that the denial or
removal decision shall become final
agency action, and unreviewable, unless
the provider submits in writing a
request for review by the Director no
later than 21 calendar days from the
date of the notice to the provider.
(g) Except as provided in paragraph
(h) of this section, the decision to deny
a provider’s application or to remove a
provider from the approved list shall
take effect upon:
(1) The expiration of the provider’s
time to seek review from the Director, if
the provider fails to timely seek review
of a denial or removal decision; or
(2) The issuance by the Director of a
final decision, if the provider timely
seeks such review.
(h) The United States Trustee may
provide that a decision to remove a
provider from the approved list is
effective immediately and deny the
provider the right to provide an
instructional course whenever the
United States Trustee finds any of the
factors set forth in paragraphs (c)(1) or
(2) of this section.
(i) A provider’s request for review
shall be in writing and shall fully
describe why the provider disagrees
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with the denial or removal decision, and
shall be accompanied by all documents
and materials the provider wants the
Director to consider in reviewing the
denial or removal decision. The
provider shall send the original and one
copy of the request for review, including
all accompanying documents and
materials, to the Office of the Director
by overnight courier, for delivery the
next business day. To be timely, a
request for review shall be received at
the Office of the Director no later than
21 calendar days from the date of the
notice to the provider.
(j) The United States Trustee shall
have 21 calendar days from the date of
the provider’s request for review to
submit to the Director a written
response regarding the matters raised in
the provider’s request for review. The
United States Trustee shall provide a
copy of this response to the provider by
overnight courier, for delivery the next
business day.
(k) The Director may seek additional
information from any party in the
manner and to the extent the Director
deems appropriate.
(l) In reviewing the decision to deny
a provider’s application or to remove a
provider from the approved list, the
Director shall determine:
(1) Whether the denial or removal
decision is supported by the record; and
(2) Whether the denial or removal
decision constitutes an appropriate
exercise of discretion.
(m) Except as provided in paragraph
(n) of this section, the Director shall
issue a final decision no later than 60
calendar days from the receipt of the
provider’s request for review, unless the
provider agrees to a longer period of
time or the Director extends the
deadline. The Director’s final decision
on the provider’s request for review
shall constitute final agency action.
(n) Whenever the United States
Trustee provides under paragraph (h) of
this section that a decision to remove a
provider from the approved list is
effective immediately, the Director shall
issue a written decision no later than 15
calendar days from the receipt of the
provider’s request for review, unless the
provider agrees to a longer period of
time. The decision shall:
(1) Be limited to deciding whether the
determination that the removal decision
should take effect immediately was
supported by the record and an
appropriate exercise of discretion;
(2) Constitute final agency action only
on the issue of whether the removal
decision should take effect immediately;
and
(3) Not constitute final agency action
on the ultimate issue of whether the
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16177
provider should be removed from the
approved list; after issuing the decision,
the Director shall issue a final decision
by the deadline set forth in paragraph
(m) of this section.
(o) In reaching a decision under
paragraphs (m) or (n) of this section, the
Director may specify a person to act as
a reviewing official. The reviewing
official’s duties shall be specified by the
Director on a case-by-case basis, and
may include reviewing the record,
obtaining additional information from
the participants, providing the Director
with written recommendations, and
such other duties as the Director shall
prescribe in a particular case.
(p) A provider that files a request for
review shall bear its own costs and
expenses, including counsel fees.
(q) When a decision to remove a
provider from the approved list takes
effect, the provider shall:
(1) Immediately cease providing an
instructional course to debtors;
(2) No later than three business days
after the date of removal, send all
certificates to all debtors who completed
an instructional course prior to the
provider’s removal from the approved
list; and
(3) No later than three business days
after the date of removal, return all fees
to debtors who had paid for an
instructional course, but had not
completely received the instructional
course.
(r) A provider must exhaust all
administrative remedies before seeking
redress in any court of competent
jurisdiction.
Dated: February 14, 2013.
Clifford J. White III,
Director, Executive Office for United States
Trustees.
[FR Doc. 2013–04364 Filed 3–13–13; 8:45 am]
BILLING CODE 4410–40–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0128]
RIN 1625–AA00
Safety Zone; M/V XIANG YUN KOU and
MODU NOBLE DISCOVERER;
Resurrection Bay, Seward, AK
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters, from surface to
SUMMARY:
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seabed, around the Motor Vessel (M/V)
XIANG YUN KOU and the Mobile
Offshore Drilling Unit (MODU) NOBLE
DISCOVERER with a planned transit
through Resurrection Bay. The
temporary safety zone will encompass
the navigable waters within a 500 yard
radius of the MODU NOBLE
DISCOVERER from dock to loading in
Resurrection Bay, Seward, Alaska, onto
the transport ship M/V XIANG YUN
KOU, and during the vessels intended
route through Resurrection Bay. The
purpose of the safety zone is to protect
the persons and vessels from the
inherent dangers of towing, loading, and
transport operations of the MODU
NOBLE DISCOVERER.
DATES: This rule is effective with actual
notice from March 1, 2013 until March
14, 2013. This rule is effective in the
Code of Federal Regulations from March
14, 2013 until March 15, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0128 and are available online by
going to https://www.regulations.gov,
inserting USCG–2013–0128 in the
‘‘Keyword’’ box, and then clicking
‘‘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: LT
Nathan Menefee, U.S. Coast Guard,
Sector Anchorage, Assistant Chief,
Inspections Division; telephone 907–
271–6707, email
Nathan.S.Menefee@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, 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
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A. Regulatory 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
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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 Coast
Guard was given insufficient prior
notice by the MODU operator that
towing was necessary, and as such, it is
impracticable to undertake notice and
comment. Immediate action is needed to
protect human life, property, and the
environment from possible tampering,
collisions, allisions, oil spills, and
releases during this transit.
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 event.
B. Basis and Purpose
The Coast Guard proposes the
establishment of a temporary safety
zone around the M/V XIANG YUN KOU
and MODU NOBLE DISCOVERER while
towing, loading, and transporting in
approximate position lat. 60°06′30″
North and long. 149°24′00″ West in
Resurrection Bay, Alaska, and through
Resurrection Bay, Alaska. The Coast
Guard believes a safety zone is needed
based on the significant number of
persons, vessels, and activities involved
to tow and load the MODU NOBLE
DISCOVERER and has determined that
it is highly likely that any tampering,
collision, allision, or inability to
identify, monitor or mitigate persons,
vessels, and any additional hazards that
might be encountered could result in a
hazardous situation.
The loading of the MODU NOBLE
DISCOVERER aboard the M/V XIANG
YUN KOU is a complex operation
involving multiple assist vessels
maneuvering in close proximity to each
other. The vessels involved in the
loading and transportation operation
must be able to safely move around the
M/V XIANG YUN KOU and MODU
NOBLE DISCOVERER during the
operation without impediment.
C. Discussion of Rule
For the reasons stated above, the
Coast Guard is establishing a safety zone
in the navigable waters, from surface to
seabed, within a 500 yard radius of the
M/V XIANG YUN KOU and MODU
NOBLE DISCOVERER while towing,
loading, and transporting in and
through Resurrection Bay, Alaska from
March 1, 2013, through March 15, 2013.
If transporting operations are
completed, and the safety zone is
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determined to be no longer necessary,
enforcement of the zone will end prior
to March 15, 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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under those
Order.
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
in the waters of Resurrection Bay,
Seward, Alaska. The proposed safety
zone is designed to allow vessels
transiting through the area to safely
travel around the M/V XIANG YUN
KOU and MODU NOBLE DISCOVERER
during towing, loading and transporting
operations without incurring additional
cost or delay.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 will 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 and operators of
vessels intending to transit through or
anchor in the transit route in
Resurrection Bay, Alaska from March 2,
2013, through March 15, 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, and
enforcement will end once the vessels
have departed Resurrection Bay, Alaska.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
we do discuss the effects of this rule
elsewhere in this preamble.
consider the use of voluntary consensus
standards.
8. Taking of Private Property
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 that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, and an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule.
This rule will not cause 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
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
4. Collection of Information
11. Indian Tribal Governments
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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.
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it 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
INFORMATION 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,
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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
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
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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 amends 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; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T17–0128 to
read as follows:
■
§ 165.T17–0128 Safety Zone: Resurrection
Bay, Seward, AK.
(a) Location. The following areas are
safety zones: The established safety
zone includes the navigable waters from
surface to seabed within a 500 yard
radius around the M/V XIANG YUN
KOU and the MODU NOBLE
DISCOVERER, in approximate position
lat. 60°06′30″ North and long.
149°24′00″ West in Resurrection Bay,
Seward, Alaska with a planned transit
through Resurrection Bay, Alaska.
(b) Effective date. The Safety Zone is
effective beginning March 1, 2013, from
8 a.m. local time through March 15,
2013, 10 p.m. local time or until the
vessels transit outside the United States
territorial seas.
(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
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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
NOBLE DISCOVERER is loaded onto the
M/V XIANG YUN 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: March 1, 2013.
Paul Mehler III,
Captain, U.S. Coast Guard, Captain of the
Port, Western Alaska.
[FR Doc. 2013–05904 Filed 3–13–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
[Docket No. SLSDC–2013–0001; 2135–
AA31]
Seaway Regulations and Rules:
Periodic Update, Various Categories
Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Final rule.
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AGENCY:
The Saint Lawrence Seaway
Development Corporation (SLSDC) and
the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
SUMMARY:
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and presently administer the St.
Lawrence Seaway Regulations and
Rules (Practices and Procedures in
Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the
SLSDC is amending the joint regulations
by updating the Seaway Regulations and
Rules in various categories. The changes
will update the following sections of the
Regulations and Rules: Condition of
Vessels; Seaway Navigation; Dangerous
Cargo; and, Information and Reports.
These amendments are necessary to take
account of updated procedures and will
enhance the safety of transits through
the Seaway. Several of the amendments
are merely editorial or for clarification
of existing requirements. The joint
regulations will become effective in
Canada on March 31, 2013. For
consistency, because these are joint
regulations under international
agreement, and to avoid confusion
among users of the Seaway, the SLSDC
finds that there is good cause to make
the U.S. version of the amendments
effective on the same date.
DATES: The rule will become effective
on March 31, 2013.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to https://
www.Regulations.gov; or in person at
the Docket Management Facility; U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT:
Carrie Mann Lavigne, Chief Counsel,
Saint Lawrence Seaway Development
Corporation, 180 Andrews Street,
Massena, New York 13662; 315/764–
3200.
SUPPLEMENTARY INFORMATION: The Saint
Lawrence Seaway Development
Corporation (SLSDC) and the St.
Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Regulations and
Rules (Practices and Procedures in
Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the
SLSDC is amending the joint regulations
by updating the Regulations and Rules
in various categories. The changes will
update the following sections of the
Regulations and Rules: Condition of
Vessels; Seaway Navigation; Dangerous
Cargo; and, Information and Reports.
These updates are necessary to take
account of updated procedures which
will enhance the safety of transits
through the Seaway. Many of these
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changes are to clarify existing
requirements in the regulations. Where
new requirements or regulations are
made, an explanation for such a change
is provided below. The joint regulations
will become effective in Canada on
March 31, 2013. For consistency,
because these are joint regulations
under international agreement, and to
avoid confusion among users of the
Seaway, the SLSDC finds that there is
good cause to make the U.S. version of
the amendments effective on the same
date.
Regulatory Notices: Privacy Act:
Anyone is able to search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70; Pages
19477–78) or you may visit https://
www.Regulations.gov.
The SLSDC is amending two sections
of the Condition of Vessels portion of
the joint Seaway regulations. Under
section 401.10, ‘‘Mooring lines’’, the
SLSDC is providing flexibility to vessels
by allowing the use of soft lines with a
diameter not greater than 64 mm. For
safety purposes in section 401.14,
‘‘Anchor marking buoys’’, the SLSDC is
amending the rules to require vessels to
deploy an anchor marking buoy when
dropping anchor in the Seaway.
In the Seaway Navigation section, the
Seaway Corporations are amending their
joint rules in section 401.49, ‘‘Dropping
anchor or tying to a canal’’, to require
every anchor to be suitably rigged for
immediate release, holding, and
efficient retrieval. Currently, some tug
and barge combinations are not
equipped with a windlass or other
means to retrieve an anchor and
therefore must retrieve the anchor using
‘‘block and tackle’’ arrangements, which
are not suitable for anchor retrieval. One
comment was received which inquired
whether there is sufficient and common
knowledge that block and tackle
arrangements are not suitable under this
section. Since 2000, the Canadian
Seaway in its Seaway Handbook has
required that a stern ‘‘anchor shall be
suitably rigged for immediate release,
holding and efficient retrieval.’’ There
have been several instances where a
vessel and/or barge had inoperative
windlasses or winch systems. While it
was easy for the vessel to release an
anchor, there were many times that it
took several hours to retrieve the
anchor. Block and tackle arrangements
are not suitable to use in Seaway waters
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]]>Agencies
[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Rules and Regulations]
[Pages 16177-16180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05904]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0128]
RIN 1625-AA00
Safety Zone; M/V XIANG YUN KOU and MODU NOBLE DISCOVERER;
Resurrection Bay, Seward, 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
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seabed, around the Motor Vessel (M/V) XIANG YUN KOU and the Mobile
Offshore Drilling Unit (MODU) NOBLE DISCOVERER with a planned transit
through Resurrection Bay. The temporary safety zone will encompass the
navigable waters within a 500 yard radius of the MODU NOBLE DISCOVERER
from dock to loading in Resurrection Bay, Seward, Alaska, onto the
transport ship M/V XIANG YUN KOU, and during the vessels intended route
through Resurrection Bay. The purpose of the safety zone is to protect
the persons and vessels from the inherent dangers of towing, loading,
and transport operations of the MODU NOBLE DISCOVERER.
DATES: This rule is effective with actual notice from March 1, 2013
until March 14, 2013. This rule is effective in the Code of Federal
Regulations from March 14, 2013 until March 15, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0128 and are available online by going to https://www.regulations.gov, inserting USCG-2013-0128 in the ``Keyword'' box,
and then clicking ``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: LT Nathan Menefee, U.S. Coast Guard,
Sector Anchorage, Assistant Chief, Inspections Division; telephone 907-
271-6707, email Nathan.S.Menefee@uscg.mil. If you have questions on
viewing the docket, call Barbara Hairston, 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 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
Coast Guard was given insufficient prior notice by the MODU operator
that towing was necessary, and as such, it is impracticable to
undertake notice and comment. Immediate action is needed to protect
human life, property, and the environment from possible tampering,
collisions, allisions, oil spills, and releases during this transit.
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
event.
B. Basis and Purpose
The Coast Guard proposes the establishment of a temporary safety
zone around the M/V XIANG YUN KOU and MODU NOBLE DISCOVERER while
towing, loading, and transporting in approximate position lat.
60[deg]06'30'' North and long. 149[deg]24'00'' West in Resurrection
Bay, Alaska, and through Resurrection Bay, Alaska. The Coast Guard
believes a safety zone is needed based on the significant number of
persons, vessels, and activities involved to tow and load the MODU
NOBLE DISCOVERER and has determined that it is highly likely that any
tampering, collision, allision, or inability to identify, monitor or
mitigate persons, vessels, and any additional hazards that might be
encountered could result in a hazardous situation.
The loading of the MODU NOBLE DISCOVERER aboard the M/V XIANG YUN
KOU is a complex operation involving multiple assist vessels
maneuvering in close proximity to each other. The vessels involved in
the loading and transportation operation must be able to safely move
around the M/V XIANG YUN KOU and MODU NOBLE DISCOVERER during the
operation without impediment.
C. Discussion of Rule
For the reasons stated above, the Coast Guard is establishing a
safety zone in the navigable waters, from surface to seabed, within a
500 yard radius of the M/V XIANG YUN KOU and MODU NOBLE DISCOVERER
while towing, loading, and transporting in and through Resurrection
Bay, Alaska from March 1, 2013, through March 15, 2013. If transporting
operations are completed, and the safety zone is determined to be no
longer necessary, enforcement of the zone will end prior to March 15,
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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under those Order.
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 in the waters of Resurrection Bay, Seward, Alaska.
The proposed safety zone is designed to allow vessels transiting
through the area to safely travel around the M/V XIANG YUN KOU and MODU
NOBLE DISCOVERER during towing, loading and transporting operations
without incurring additional cost or delay.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 will
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 and operators of vessels intending
to transit through or anchor in the transit route in Resurrection Bay,
Alaska from March 2, 2013, through March 15, 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, and enforcement will
end once the vessels have departed Resurrection Bay, Alaska.
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3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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 calls for no new collection of 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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
INFORMATION 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 cause 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 does 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
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
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 that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction, and an environmental analysis checklist and a
categorical exclusion determination are not required for 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 amends
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; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T17-0128 to read as follows:
Sec. 165.T17-0128 Safety Zone: Resurrection Bay, Seward, AK.
(a) Location. The following areas are safety zones: The established
safety zone includes the navigable waters from surface to seabed within
a 500 yard radius around the M/V XIANG YUN KOU and the MODU NOBLE
DISCOVERER, in approximate position lat. 60[deg]06'30'' North and long.
149[deg]24'00'' West in Resurrection Bay, Seward, Alaska with a planned
transit through Resurrection Bay, Alaska.
(b) Effective date. The Safety Zone is effective beginning March 1,
2013, from 8 a.m. local time through March 15, 2013, 10 p.m. local time
or until the vessels transit outside the United States territorial
seas.
(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
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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 NOBLE DISCOVERER is
loaded onto the M/V XIANG YUN 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: March 1, 2013.
Paul Mehler III,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2013-05904 Filed 3-13-13; 8:45 am]
BILLING CODE 9110-04-P
