[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Rules and Regulations]
[Pages 43821-43823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18306]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0622]


Safety Zone; DEEPWATER HORIZON Response Staging Area in the 
Vicinity of Shell Beach, Hopedale, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The New Orleans Captain of the Port (COTP), under the 
authority of the Ports and Waterways Safety Act, has established a 
safety zone requiring no wake on the Mississippi River Gulf Outlet 
(MRGO) at Mile 42 extending the entire width of the MRGO 500 yards 
above and 500 yards below the response staging area. This safety zone 
is necessary to protect personnel and vessels at the response staging 
area at Shell Beach in Hopedale, LA in response to the DEEPWATER 
HORIZON oil spill. Vessels must travel at a safe speed and distance to 
maintain a no wake zone in this area.

DATES: This rule is effective in the CFR from July 27, 2010 until 11:59 
p.m. on September 24, 2010. This rule is effective with actual notice 
for purposes of enforcement beginning June 24, 2010 upon signature. 
This rule will remain in effect until 11:59 p.m. on September 24, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0622 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0622 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) Marty 
Daniels, Sector New Orleans, Coast Guard; telephone 504-565-5044, e-
mail [email protected]. 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

[[Page 43822]]

notice of proposed rulemaking (NPRM) with respect to this rule. It 
would be impracticable to issue an NPRM for this rule, because a safety 
zone is needed immediately to protect personnel and vessels associate 
with response operations at the staging area at Shell Beach.
    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. Potential safety hazards 
associated with response activities at this location prohibits 
regularly issued safety zones.

Basis and Purpose

    This response staging area is in support of the DEEPWATER HORIZON 
oil spill clean-up effort. This safety zone requires that vessels 
maintain the slowest safe speed to maintain steerage. This rule is 
needed to protect members of the response effort by creating a no wake 
zone in the vicinity of the staging area. In addition, the rule is 
needed to protect mariners transiting in or through the area from the 
dangers associated with navigating around equipment deployed in support 
of the clean-up efforts.

Discussion of Rule

    The Coast Guard is establishing a safety zone encompassing the 
coastal areas affected by the DEEPWATER HORIZON oil spill on the 
Mississippi River Gulf Outlet (MRGO) at Mile 42 at Shell Beach. The 
safety zone will encompass the entire width of the MRGO, 500 yards 
above and 500 yards below the response staging area. In accordance with 
the general regulation in Sec.  165.23 of this part, vessels must 
transit at the slowest safe speed to allow for steerage to comply with 
the no wake zone located in (a)(1). Vessels must exercise caution when 
transiting this area to observe the no wake zone. The Coast Guard will 
enforce this safety zone from June 24 through September 24, 2010.

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 an emergency regulatory action under section 
6(a)(3)(D) of Executive Order 12866, Regulatory Planning and Review, 
and requires compliance with the ordinary review procedure to the 
extent practicable. The Office of Management and Budget has not 
reviewed it under that Order.
    This rule has been deemed an emergency regulatory action after 
consultation with the Eighth Coast Guard District Legal Office, CG-0941 
and CG-0943. Although this regulation will restrict access to the area, 
the effect of the rule will not be significant because the safety zone 
will only be in place for a limited specified time period and is for a 
limited size and notice will be provided to the maritime community 
through Safety Broadcast Notice to Mariners and Marine Safety 
Information Bulletins. Additionally, persons or vessels requiring 
deviations from this rule may request permission from the Captain of 
the Port New Orleans.

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 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 the MRGO at Mile 42 in the vicinity of the DEEPWATER HORIZON 
oil spill response staging area at Shell Beach and where oil spill 
response activities are taking place. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: the safety zone will only be in place for a 
limited specified time period and is for a limited size; notice will be 
provided to the maritime community through Safety Broadcast Notice to 
Mariners and Marine Safety Information Bulletins; and persons or 
vessels requiring deviations from this rule may request permission from 
the Captain of the Port New Orleans. Finally, we note that vessels can 
transit the area, but merely must do so at reduced speeds.

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 (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.

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.

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.

[[Page 43823]]

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. This rule involves the establishment of a 
safety zone.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are required for this rule because it concerns a 
situation of more than 1 week in duration. An environmental analysis 
checklist and a categorical exclusion determination will be made 
available in the docket upon publication in the Federal Register.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record-
keeping 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, 3306, 
3703; 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. Add Sec.  165.T08-0622 to read as follows:


Sec.  165.T08-0622  Safety Zone, DEEPWATER HORIZON Response Staging 
Area in the vicinity of Shell Beach, Hopedale, LA.

    (a) Location: On the Mississippi River Gulf Outlet (MRGO) at Mile 
42 in the vicinity of Shell Beach to extend the entire width of the 
MRGO 500 yards above and 500 yards below the response staging area.
    (b) Enforcement Period: This rule will be enforced from June 24, 
2010, until 11:59 p.m. on September 24, 2010.
    (c) Regulations:
    (1) In accordance with the general regulation in Sec.  165.23 of 
this part, vessels must transit at the slowest safe speed to allow for 
steerage to comply with no wake zone located in (a).
    (2) Persons or vessels requiring deviations from this rule must 
request permission from the Captain of the Port New Orleans. The COTP 
may be contacted at telephone (504) 846-5923.
    (3) All persons and vessels shall 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.

    Dated: June 24, 2010.
E. M. Stanton,
Captain, U.S. Coast Guard, Commander, Sector New Orleans.
[FR Doc. 2010-18306 Filed 7-26-10; 8:45 am]
BILLING CODE 9110-04-P