Regulated Navigation Area, Gulf of Mexico: Mississippi Canyon Block 20, South of New Orleans, LA, 59234-59237 [2013-23530]
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59234
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
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 determined that 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 involves
restricting vessel movement within a
regulated navigation area. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist and a
categorical exclusion determination
supporting this 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 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. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0174 to read as
follows:
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■
§ 165.T01–0174 Regulated Navigation
Area-Tappan Zee Bridge Construction
Project, Hudson River; South Nyack and
Tarrytown, NY.
(a) Boundaries. The following is a
regulated navigation area; all waters
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north of a line drawn from the following
approximate positions: 41°04′17.37″ N,
073°55′13.16″ W on the western
shoreline; thence to 41°04′10.97″ N,
073°55′05.05″ W; thence to 41°04′10.03″
N, 073°55′03.42″ W; thence to
41°04′07.14″ N, 073°54′54.48″ W; thence
to 41°04′05.30″ N, 073°54′43.18″ W;
thence to 41°04′04.72″ N, 073°52′22.52″
W; thence to 41°04′02.52″ N,
073°52′16.13″ W; thence to 41°03′59.74″
N, 073°52′10.83″ W; thence to a point on
the eastern shoreline at 41°03′54.39″ N,
073°52′03.26″ W; and all waters south of
a line drawn from the following
approximate positions: 41°04′34.79″ N,
073°55′03.26″ W on the western
shoreline; thence to 41°04′33.62″ N,
073°55′01.52″ W; thence to 41°04′26.14″
N, 073°54′53.96″ W; thence to
41°04′23.76″ N, 073°54′50.57″ W; thence
to 41°04′21.58″ N, 073°54′43.77″ W;
thence to 41°04′20.96″ N, 073°52′20.17″
W; thence to 41°04′20.31″ N,
073°52′15.83″ W; thence to 41°04′16.76″
N, 073°52′04.52″ W; thence to a point on
the eastern shoreline at 41°04′13.84″ N,
073°51′59.44″ W.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply within the
RNA.
(2) In accordance with the general
regulations, entry into, anchoring, or
movement within the RNA, during
periods of enforcement, is prohibited
unless authorized by the Captain of the
Port New York (COTP) or his on-scene
representative. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The on-scene representative may
be on a Coast Guard vessel; New York
State Police, or other designated craft; or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. Members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(3) During periods of enforcement,
entry and movement within the RNA is
subject to a ‘‘Slow-No Wake’’ speed
limit. Vessels may not produce a wake
and may not attain speeds greater than
five knots unless a higher minimum
speed is necessary to maintain
steerageway when traveling with a
strong current. All vessels must proceed
through the area with caution and
operate in such a manner as to produce
no wake.
(4) During periods of enforcement, all
persons and vessels must comply with
all orders and directions from the COTP
or the COTP’s on-scene representative.
(5) During periods of enforcement,
upon being hailed by a Coast Guard
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vessel by siren, radio, flashing light or
other means, the operator of the vessel
must proceed as directed.
(6) Vessel operators desiring to enter
or operate within the regulated area
when it is closed shall contact the COTP
or the on-scene representative via VHF
channel 16 or 718–354–4353 (Sector
New York Command Center) to obtain
permission.
(7) Notwithstanding anything
contained in this section, the Rules of
the Road (33 CFR part 84—Subchapter
E, inland navigational rules) are still in
effect and must be strictly adhered to at
all times.
(c) Enforcement Periods. This
regulation is enforceable 24 hours a day
from 5:00 a.m. on September 15, 2013
until 11:59 p.m. on December 31, 2018.
(1) Notice of suspension of
enforcement: If enforcement is
suspended, the COTP will cause a
notice of the suspension of enforcement
by all appropriate means to be given the
widest publicity among the affected
segments of the public. Such means of
notification may include, but are not
limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. Such
notification will include the date and
time that enforcement is suspended as
well as the date and time that
enforcement will resume.
(2) Violations of this RNA may be
reported to the COTP at 718–354–4353
or on VHF-Channel 16.
Dated: September 6, 2013.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2013–22902 Filed 9–25–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0064]
RIN 1625–AA11
Regulated Navigation Area, Gulf of
Mexico: Mississippi Canyon Block 20,
South of New Orleans, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a Regulated Navigation
Area (RNA) in the Mississippi Canyon
Block 20 in the Gulf of Mexico. This
RNA is needed to protect the subsurface
monitoring and collection dome system
above a leaking wellhead from the
SUMMARY:
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
potential hazards of vessels anchoring,
mooring, fishing or loitering in or near
the oil and gas discharge area. Deviation
from this rule is prohibited unless
specifically authorized by the Captain of
the Port New Orleans, or his designated
representative.
DATES: This rule is effective September
26, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0064. To view documents
mentioned in this preamble as being
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 Lieutenant Commander (LCDR)
Brandon Sullivan, Coast Guard Sector
New Orleans; telephone 504–365–2281,
email Brandon.J.Sullivan@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:
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
On September 16, 2004, a mudslide
resulted from Hurricane Ivan’s storm
surge that toppled the Mississippi
Canyon (MC) 20 Platform A. The
platform’s wells were covered by more
than 100-feet of mud and sediment. As
a result of structural damage, plumes
containing crude oil and gas have been
discharging into the Gulf of Mexico,
creating a sheen on the surface of the
water.
The Responsible Party for this
incident has undertaken an operation to
install a containment dome over the
affected area, which would catch the oil
rising from the seabed. Anchoring,
mooring, fishing, or otherwise loitering
in the area above the containment dome
could potentially cause structural
damage and failure to the containment
dome, wellheads, well piping system
and closure valves, which would reduce
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the dome’s effectiveness and potentially
release oil and gas into the Gulf of
Mexico. Therefore, regulating navigation
in this area is necessary to protect the
collection and subsurface monitoring
system and to reduce the potentially
negative impacts to the environment
from the pluming oil.
On April 29, 2013, the Coast Guard
established this regulated navigation
area with an interim rule and request for
comments, pursuant to authority under
section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C.(b)) (78
FR 24987). This regulation was later
amended on June 11, 2013 (78 FR
34894), to correct the exact location of
regulated area above the containment
dome. The Coast Guard received two
comments on this rulemaking,
discussed in more detail below. The
Coast Guard did not hold a public
meeting and no public meeting was
requested.
B. Basis and Purpose
The Coast Guard’s basis for this rule
includes 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3706, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Public Law 107–295,
116 Stat. 2064; and Department of
homeland Security delegation No.
0170.1. The Purpose of the rule is to
establish a regulated navigation area for
the protection of oil spill containment
measures in the Gulf of Mexico.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received two
comments regarding this rulemaking.
One comment was from the Department
of the Interior noting that the
Department reviewed the rule and had
no comment. One comment was from a
private citizen generally opposed to the
regulation. This comment did not
contain any specific objections to the
rule or recommendations for altering the
rule. Despite this general objection, the
Coast Guard has decided to continue
with the rulemaking and permanently
establish this regulated navigation area
to protect the environment by limiting
damage to the subsea oil containment
system.
D. Discussion of the Final Rule
This rule creates a regulated
navigation area of a 300-foot diameter
centered at 28°56′12.619″ N,
088°58′10.303″ W, and extending the
entire water column from the surface to
the seabed. Vessels may transit freely
through this area, but must not anchor,
moor, fish, or otherwise loiter in the
area, unless they have been granted
special authorization by the Captain of
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59235
the Port New Orleans. This regulated
navigation area will be in effect from the
date this rule is published in the
Federal Register until cancelled by the
District Commander.
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. Those impacts on navigation
users are expected to be minimal
because the enforcement of this RNA
does not prohibit vessels from transiting
through the area described above. This
RNA prohibits only the anchoring,
mooring, fishing, or loitering of vessels
within the 300-foot diameter section of
the protected area.
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
business, 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 or operators of
vessels intending to anchor, moor, fish,
or loiter in the regulated area. This
regulated navigation area will not have
a significant economic impact on a
substantial number of small entities for
the following reasons. The
establishment of this RNA encompasses
a limited area of the Gulf of Mexico and
there will be minimal to no impact to
commercial vessel traffic. This RNA
only prohibits vessels from anchoring,
mooring, fishing, or loitering in the area
described above. Transiting through the
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
above described area is authorized and
notification of the enforcement of this
RNA will be disseminated to the marine
community through broadcast notice to
mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a 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 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.
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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,
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
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
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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 determined that 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 involves
establishing a regulated navigation area
of a 300-foot diameter, extending the
entire water column from the water
surface to the seabed. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measurers,
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. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
■
2. Revise § 165.840 to read as follows:
§ 165.840 Regulated Navigation Area, Gulf
of Mexico: Mississippi Canyon Block 20,
South of New Orleans, LA.
(a) Location. The following area is a
Regulated Navigation Area: A 300-foot
diameter area at the water surface
centered on the following coordinates:
28°56’12.619’’N, 008°58’10.303’’W, and
extending the entire water column from
the surface to the seabed.
(b) Regulations.
(1) In accordance with the general
regulations in § 165.11 of this part, all
vessels are prohibited from anchoring,
mooring, fishing, or otherwise loitering
in the above described area except as
authorized by the Captain of the Port,
New Orleans.
(2) Persons or vessels requiring
deviations from this rule must request
permission from the Captain of the Port
New Orleans. The Captain of the Port
New Orleans may be contacted by
telephone at (504) 365–2200.
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Dated: September 16, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. 2013–23530 Filed 9–25–13; 8:45 am]
BILLING CODE 9110–04–P
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:
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated navigation area
33 CFR Part 165
A. Regulatory History and Information
[Docket No. USCG–2012–0876]
On Friday, February 22, 2013 the
Coast Guard published a notice of
proposed rulemaking (NPRM) entitled
‘‘Regulated Navigation Area—
Weymouth Fore River, Fore River
Bridge Construction, Weymouth and
Quincy, MA’’ in the Federal Register
(78 FR 12260). No comments were
received. No public meeting was
requested of the Coast Guard, and none
was held.
RIN 1625–AA11
Regulated Navigation Area—
Weymouth Fore River, Fore River
Bridge Construction, Weymouth and
Quincy, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary regulated
navigation area (RNA) on the navigable
waters of Weymouth Fore River in the
vicinity of the Fore River Bridge (Mile
3.5) between Weymouth and Quincy,
MA. This rule will place temporary
speed, wake, and entry restrictions on
vessels during bridge replacement
operations. This rule is necessary to
provide for the safety of life in the
vicinity of the Fore River Bridge during
its construction.
DATES: This rule is effective from
October 28, 2013 until December 31,
2017.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0876. To view documents
mentioned in this preamble as being
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 the
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 Final rule,
call or email Chief Petty Officer Craig D.
Lapiejko, Waterways Management
Division, U.S. Coast Guard First District,
617–223–8351, email Craig.D.Lapiejko@
uscg.mil or, Mr. Mark Cutter, Coast
Guard Sector Boston Waterways
Management Division, telephone 617–
223–4000, email Mark.E.Cutter@
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SUMMARY:
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B. Basis and Purpose
The Fore River Bridge carries State
Road 3A over the Weymouth Fore River
from Quincy to Weymouth MA. In the
1990’s, the original Fore River Bridge,
which was built in 1936, was found to
be deteriorated beyond the point of
restoration. In 2003, a temporary bridge
was built, and the old Fore River Bridge
was removed. This temporary bridge
will reach the end of its useable life
span in 2018, and thus, the
Massachusetts Department of
Transportation (Mass-DOT) is taking
current steps to have the temporary
bridge removed and a new vertical
replacement bridge constructed.
The new Fore River Bridge will be
located in the approximate location of
the old Fore River Bridge. Bridge
construction has already started and is
expected to be done in 2017. As
explained in the NPRM (78 FR 12260),
the Coast Guard has consulted with J.F.
White-Skanska Koch, the company
responsible for the bridge construction
project, and determined that certain
aspects of the project will require
closing the waterway.
Specifically, the Coast Guard
anticipates that the construction project
will create serious navigational hazards
over a few days in the winter of 2014–
2015 while the new bridge lift span
system is delivered and installed via
barge. Also, the Coast Guard expects
that the construction project will create
serious navigational hazards during two
separate four to six day periods in the
fall of 2015 and the winter of 2016
while portions of the temporary bridge
are removed.
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59237
Because of the aforementioned
navigational hazards, the Coast Guard’s
First District Commander has
determined it necessary to establish,
pursuant to his authority under the
Ports and Waterways Safety Act, this
RNA.
C. Discussion of Rule
For all of the reasons discussed above,
the Coast Guard’s First District
Commander is establishing this RNA.
This establishes speed, wake, and entry
restrictions on vessels in the vicinity of
the Fore River Bridge when necessary
for the safety of vessels and workers
during construction work in the
channel.
This RNA will be effective until
December 31, 2017. Although this rule
will be effective continuously, the RNA
will be enforced only intermittently. As
discussed previously, the Coast Guard
anticipates enforcing this RNA over a
few days in the winter of 2014–2015
and during two separate periods in the
fall of 2015 and the winter of 2016. The
Coast Guard may enforce this RNA
during other periods when necessary to
mitigate navigational risks posed by the
ongoing construction project.
The Coast Guard will advertise the
specific times and dates over which this
RNA will be enforced in the Federal
Register via a Notice of Enforcement.
Also, the Coast Guard expects to
publicize the enforcement times and
dates via Local Notice to Mariners or
Broadcast Notice to Mariners.
The RNA will include all U.S.
navigable waters surrounding the
Weymouth Fore River bridge from
surface to bottom, within the following
points (NAD 83): from a line extending
from 42°14′46.392″ N, 070°58′2.964″ W,
thence along a line 120°T to
42°14′44.376″ N, 070°57′52.992″ W,
thence south along the shoreline to
42°14′35.052″ N, 070°57′59.364″ W,
thence along a line 291°T to
42°14′38.58″ N, 070°58′15.348″ W,
thence north along the shoreline to the
first point.
During enforcement periods, entry
into, anchoring, or movement within the
RNA, is prohibited without authority of
the Coast Guard’s First District
Commander, the Captain of the Port
Boston (COTP), or the COTP’s
designated representative. Vessel
operators desiring to enter or operate
within the RNA during an enforcement
period shall contact the COTP or the
designated on-scene representative via
VHF channel 16 or 617–223–3201
(Sector Boston command Center) to
obtain permission.
Any vessels allowed to enter the RNA
during an enforcement period must
E:\FR\FM\26SER1.SGM
26SER1
Agencies
[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59234-59237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23530]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0064]
RIN 1625-AA11
Regulated Navigation Area, Gulf of Mexico: Mississippi Canyon
Block 20, South of New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) in the Mississippi Canyon Block 20 in the Gulf of Mexico. This
RNA is needed to protect the subsurface monitoring and collection dome
system above a leaking wellhead from the
[[Page 59235]]
potential hazards of vessels anchoring, mooring, fishing or loitering
in or near the oil and gas discharge area. Deviation from this rule is
prohibited unless specifically authorized by the Captain of the Port
New Orleans, or his designated representative.
DATES: This rule is effective September 26, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0064. To view documents mentioned in this preamble as being
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 Lieutenant Commander (LCDR) Brandon Sullivan, Coast Guard
Sector New Orleans; telephone 504-365-2281, email
Brandon.J.Sullivan@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On September 16, 2004, a mudslide resulted from Hurricane Ivan's
storm surge that toppled the Mississippi Canyon (MC) 20 Platform A. The
platform's wells were covered by more than 100-feet of mud and
sediment. As a result of structural damage, plumes containing crude oil
and gas have been discharging into the Gulf of Mexico, creating a sheen
on the surface of the water.
The Responsible Party for this incident has undertaken an operation
to install a containment dome over the affected area, which would catch
the oil rising from the seabed. Anchoring, mooring, fishing, or
otherwise loitering in the area above the containment dome could
potentially cause structural damage and failure to the containment
dome, wellheads, well piping system and closure valves, which would
reduce the dome's effectiveness and potentially release oil and gas
into the Gulf of Mexico. Therefore, regulating navigation in this area
is necessary to protect the collection and subsurface monitoring system
and to reduce the potentially negative impacts to the environment from
the pluming oil.
On April 29, 2013, the Coast Guard established this regulated
navigation area with an interim rule and request for comments, pursuant
to authority under section 4(a) of the Administrative Procedure Act
(APA) (5 U.S.C.(b)) (78 FR 24987). This regulation was later amended on
June 11, 2013 (78 FR 34894), to correct the exact location of regulated
area above the containment dome. The Coast Guard received two comments
on this rulemaking, discussed in more detail below. The Coast Guard did
not hold a public meeting and no public meeting was requested.
B. Basis and Purpose
The Coast Guard's basis for this rule includes 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3706, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-
1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of homeland Security delegation No. 0170.1. The Purpose of
the rule is to establish a regulated navigation area for the protection
of oil spill containment measures in the Gulf of Mexico.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received two comments regarding this rulemaking.
One comment was from the Department of the Interior noting that the
Department reviewed the rule and had no comment. One comment was from a
private citizen generally opposed to the regulation. This comment did
not contain any specific objections to the rule or recommendations for
altering the rule. Despite this general objection, the Coast Guard has
decided to continue with the rulemaking and permanently establish this
regulated navigation area to protect the environment by limiting damage
to the subsea oil containment system.
D. Discussion of the Final Rule
This rule creates a regulated navigation area of a 300-foot
diameter centered at 28[deg]56'12.619'' N, 088[deg]58'10.303'' W, and
extending the entire water column from the surface to the seabed.
Vessels may transit freely through this area, but must not anchor,
moor, fish, or otherwise loiter in the area, unless they have been
granted special authorization by the Captain of the Port New Orleans.
This regulated navigation area will be in effect from the date this
rule is published in the Federal Register until cancelled by the
District Commander.
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. Those impacts on
navigation users are expected to be minimal because the enforcement of
this RNA does not prohibit vessels from transiting through the area
described above. This RNA prohibits only the anchoring, mooring,
fishing, or loitering of vessels within the 300-foot diameter section
of the protected area.
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 business, 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 or operators of vessels intending to
anchor, moor, fish, or loiter in the regulated area. This regulated
navigation area will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
establishment of this RNA encompasses a limited area of the Gulf of
Mexico and there will be minimal to no impact to commercial vessel
traffic. This RNA only prohibits vessels from anchoring, mooring,
fishing, or loitering in the area described above. Transiting through
the
[[Page 59236]]
above described area is authorized and notification of the enforcement
of this RNA will be disseminated to the marine community through
broadcast notice to mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a 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 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
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
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 determined
that 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 involves establishing a regulated navigation
area of a 300-foot diameter, extending the entire water column from the
water surface to the seabed. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measurers, 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Revise Sec. 165.840 to read as follows:
Sec. 165.840 Regulated Navigation Area, Gulf of Mexico: Mississippi
Canyon Block 20, South of New Orleans, LA.
(a) Location. The following area is a Regulated Navigation Area: A
300-foot diameter area at the water surface centered on the following
coordinates: 28[deg]56'12.619''N, 008[deg]58'10.303''W, and extending
the entire water column from the surface to the seabed.
(b) Regulations.
(1) In accordance with the general regulations in Sec. 165.11 of
this part, all vessels are prohibited from anchoring, mooring, fishing,
or otherwise loitering in the above described area except as authorized
by the Captain of the Port, New Orleans.
(2) Persons or vessels requiring deviations from this rule must
request permission from the Captain of the Port New Orleans. The
Captain of the Port New Orleans may be contacted by telephone at (504)
365-2200.
[[Page 59237]]
Dated: September 16, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2013-23530 Filed 9-25-13; 8:45 am]
BILLING CODE 9110-04-P