[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Rules and Regulations]
[Pages 16177-16180]
From the Federal Register Online via the Government Publishing 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 http://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 [email protected]. 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.
[[Page 16179]]
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]
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