
[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Rules and Regulations]               
[Page 65236-65238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc10-15]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0846]
RIN 1625-AA87

 
Security Zone, in the Vicinity of the Michoud Slip Position 
30[deg]0'34.2'' N, 89[deg]55'40.7'' W to Position 30[deg]0'29.5'' N, 
89[deg]55'52.6'' W

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Captain of the Port of New Orleans, under the authority of 
the Magnuson Act, 33 CFR 165.30 and 165.33, has established a security 
zone in the vicinity of the Michoud Slip encompassing the entire slip 
from position 30[deg]0'34.2'' N, 89[deg]55'40.7'' W to position 
30[deg]0'29.5'' N, 89[deg]55'52.6'' W across the mouth of the slip. 
Vessels will not be allowed to enter this security zone without the 
permission of the Captain of the Port, New Orleans. This security zone 
is necessary to protect the Deepwater Horizon blowout preventer and 
adjacent piers and infrastructure from destruction, loss or injury from 
sabotage or other subversive acts, accidents or other causes of a 
similar nature.

DATES: This rule is effective in the CFR from October 22, 2010 through 
December, 31, 2010. This rule is effective with actual notice for 
purposes of enforcement from September 11, 2010, at 12 noon, through 
December 31, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0846 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0846 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant Commander (LCDR) Eva VanCamp, 
Sector New Orleans, Coast Guard; telephone 504-365-2392, e-mail 
Eva.VanCamp@uscg.mil. If you have questions on viewing the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: 

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 it would be impracticable and 
contrary to public interest to delay the rule. Immediate action is 
necessary to protect the Deepwater Horizon blowout preventer and 
adjacent piers and infrastructure from destruction, loss or injury from 
sabotage or other subversive acts, accidents or other causes of a 
similar nature.
    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. This security zone is needed to 
protect the Deepwater Horizon blowout preventer and adjacent piers and 
infrastructure from destruction, loss or injury from sabotage or other 
subversive acts, accidents or other causes of a similar nature. 
Additional notice is impracticable and contrary to public interest.

Basis and Purpose

    An investigation associated with the Deepwater Horizon incident is 
currently taking place in the vicinity of Michoud Slip. A security zone 
has been established encompassing the entire slip from position 
30[deg]0'34.2'' N, 89[deg]55'40.7'' W to position 30[deg]0'29.5'' N, 
89[deg]55'52.6'' W across the mouth of the slip. Vessels will not be 
allowed to enter this security zone without the permission of the 
Captain of the Port, New Orleans. This security zone is necessary to 
protect the Deepwater Horizon blowout preventer and adjacent piers and 
infrastructure from destruction, loss or injury from sabotage or other 
subversive acts, accidents or other causes of a similar nature.

Discussion of Rule

    The Coast Guard has established several safety and security zones 
in South Louisiana to protect vessels and facilities engaged in 
operations associated with the Deepwater Horizon incident. This 
security zone is in addition to those safety and security zones and 
adds additional requirements which are needed to ensure the safety of 
evidence needed for the investigation of the incident. This security 
zone is necessary to protect the Deepwater Horizon blowout preventer 
and adjacent piers and infrastructure from destruction, loss or injury 
from sabotage or other subversive acts, accidents or other causes of a 
similar nature.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

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 that Order.
    It is not ``significant'' under the regulatory policies and 
procedures of the Department of Homeland Security (DHS). Due to its 
location the impacts on routine navigation are expected to be minimal.

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 will affect the following entities, some of which may be 
small entities: The owners or operators of vessels, intending to 
transit in the vicinity of Michoud Slip, encompassing

[[Page 65237]]

the entire slip from position 30[deg]0'34.2'' N, 89[deg]55'40.7'' W to 
position 30[deg]0'29.5'' N, 89[deg]55'52.6'' W across the mouth of the 
slip. This security zone will not have significant impact on a 
substantial number of small entities because of its location. If you 
are a small business entity and are significantly affected by this 
regulation please contact Lieutenant Commander (LCDR) Eva VanCamp, 
Sector New Orleans, at 504-365-2392, or e-mail Eva.VanCamp@uscg.mil.

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.

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).

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.

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 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.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction.
    An environmental analysis checklist and a categorical exclusion 
determination will be uploaded to the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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), 6.06-1, 6.05-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. A new temporary Sec.  165.T08-0846 is added to read as follows:


Sec.  165.T08-0846  Security Zone, in the Vicinity of the Michoud Slip.

    (a) Location. The area in the vicinity of Michoud Slip, 
encompassing the entire slip from position 30[deg]0'34.2'' N, 
89[deg]55'40.7'' W. to position 30[deg]0'29.5'' N, 89[deg]55'52.6'' W. 
across the mouth of the slip is a security zone.

[[Page 65238]]

    (b) Enforcement period. This section will be enforced from 
September 11, 2010, at 12 noon, through December 31, 2010.
    (c) Regulations. (1) In accordance with the general regulation in 
Sec.  165.33 of this part, vessels are prohibited from transiting in 
the vicinity of Michoud Slip, encompassing the entire slip from 
position 30[deg]0'34.2'' N, 89[deg]55'40.7'' W. to position 
30[deg]0'29.5'' N, 89[deg]55'52.6'' W. across the mouth of the slip.
    (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 at telephone (504) 
365-2543.
    (3) All persons and vessels obtaining permission to enter the 
security zone established in paragraph (a) of this section must comply 
with the instructions of the Captain of the Port New Orleans and 
designated personnel. Designated personnel include commissioned, 
warrant and petty officers of the U.S. Coast Guard assigned to units 
under the operational control of USCG Sector New Orleans.

    Dated: September 10, 2010.
E.M. Stanton,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2010-26673 Filed 10-21-10; 8:45 am]
BILLING CODE 9110-04-P

