[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Rules and Regulations]
[Pages 70732-70734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23235]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Western Alaska-04-003]
RIN 1625-AA00


Safety Zone; Bering Sea, Aleutian Islands, Unalaska Island, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change of effective period.

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SUMMARY: The Coast Guard is extending the effective period of the 
safety zone in the Bering Sea, Unalaska Island, Alaska. The zone is 
needed to facilitate safe salvage operations related to the grounding 
of the merchant vessel (M/V) SELENDANG AYU. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Commander, Seventeenth Coast Guard District, the Coast Guard Captain of 
the Port, Western Alaska, or their on-scene representative. The 
intended effect of the proposed safety zone is to mitigate safety risks 
to salvage personnel.

DATES: The effective period of Sec.  165.T17-010 is extended from 
November 30, 2005 through October 31, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are available for inspection and copying at Coast Guard 
Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100, Anchorage, 
AK 99501. Normal Office hours are 7:30 a.m. to 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Meredith Gillman, Marine Safety 
Office Anchorage, at (907) 271-6700.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM and for making this regulation 
effective less than 30 days after its publication in the Federal 
Register. Any delay encountered in this regulation's effective date 
would be contrary to public interest because immediate action is needed 
to prevent unauthorized vessel traffic from hindering salvage 
operations.
    The Coast Guard will terminate the zone when salvage operations are 
complete and the area adjacent to the grounded vessel is considered 
safe to vessel traffic.

Background and Purpose

    The M/V SELENDANG AYU ran aground at a position of 53.634[deg] N, 
167.125[deg] W on December 9, 2004. The vessel then broke in half and 
discharged its fuel oil into the water. A marine salvor is removing 
sections of the wreck from the bow and stern sections of the grounded 
vessel, as well as from the adjacent shoreline. The safety zone is 
necessary to prevent unauthorized vessels from impeding salvage 
operations.

Discussion of Rule

    The Unified Command, which is responding to the grounding of the M/
V Selendang Ayu, identified the safety zone in the area where 
subsequent salvage operations will be taking place. This area is 
defined by a circle centered at 53 degrees, 38 minutes North; 167 
degrees, 7 minutes, 20 seconds West with a radius of 750 yards. All 
coordinates reference Datum: NAD 1983.

Regulatory Evaluation

    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 cost 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). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DHS is unnecessary.

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.

[[Page 70733]]

    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 
or anchor in the area defined by a circle centered at 53 degrees, 38 
minutes North; 167 degrees, 7 minutes, 20 seconds West with a radius of 
750 yards.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic transiting from the north to south side of Unalaska Island can 
pass safely around the safety zone. We will terminate the safety zone 
once salvage operations are complete and the area adjacent to the 
grounded vessel is considered safe for vessel traffic. The safety zone 
is not located in a navigable channel.

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 Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' will be 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 measures, Waterways.

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 165 as follows:

PART 165--[AMENDED]

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. From November 30, 2005 to October 31, 2006, amend temporary Sec.  
165.T17-010 to read as follows:


Sec.  165.T17-010  Safety Zone; Bering Sea, Aleutian Islands, Unalaska 
Island, AK.

    (a) Description. This safety zone is defined by a circle centered 
at 53 degrees, 38 minutes North; 167 degrees, 7 minutes, 20 seconds 
West with a radius of 750 yards. All coordinates reference Datum: NAD 
1983.
    (b) Enforcement period. The safety zone in this section will be 
enforced from November 30, 2005 through October 31, 2006.
    (c) Regulations. (1) The Captain of the Port and the Duty Officer 
at Marine Safety Office, Anchorage, Alaska can be contacted at 
telephone number (907) 271-6700.
    (2) The Captain of the Port may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing the safety zone.
    (3) The general regulations governing safety zones contained in 
Sec.  165.23 apply. No person or vessel may enter or remain in this 
safety zone, with the exception of attending vessels, without first 
obtaining permission from the Captain of the Port or his on-scene 
representative.


[[Page 70734]]


    Dated: November 10, 2005.
M.R. DeVries,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 05-23235 Filed 11-22-05; 8:45 am]
BILLING CODE 4910-15-P