
[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

[[Page 16178]]

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 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.

[[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]
BILLING CODE 9110-04-P


