[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Rules and Regulations]
[Pages 14185-14188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04989]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0091]
RIN 1625-AA00


Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to 
Captains Bay, Unalaska Island, 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 seabed, around the Outer Continental 
Shelf Mobile Offshore Drilling Unit (MODU) KULLUK currently located in 
Kiliuda Bay, Kodiak Island, Alaska with planned towed transit into 
Captains Bay, Unalaska Island, AK. The temporary safety zone will 
encompass the navigable waters within a 1000 meter radius of the MODU 
KULLUK while it is being towed to and located within Captains Bay to 
include while at anchor and through the loading of the MODU KULLUK onto 
the transport ship M/V XIANG RUI KOU. The purpose of the safety zone is 
to protect persons and vessels from the inherent dangers of towing and 
loading operations of the MODU KULLUK.

DATES: This rule is effective with actual notice from February 20, 2013 
until March 5, 2013. This rule is effective in the Code of Federal 
Regulations from March 5, 2013 until April 30, 2013.

ADDRESSES: The docket for this rule, USCG-2013-0091, is available 
online at www.regulations.gov by typing in the docket number in the 
``SEARCH'' box and clicking ``SEARCH.'' Next, click on the Open Docket 
Folder on the line associated with this rule. This material is 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 rule, 
call or email LCDR Jason Boyle, U.S. Coast Guard, Seventeenth Coast 
Guard District; telephone 907-463-2821, [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Barbara Hairston, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 14186]]

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 
MODU KULLUK grounded during severe weather in the vicinity of 
Sitkalidak Island and response, recovery and salvage efforts began 
immediately. Following an assessment, it was determined that the MODU 
KULLUK required towing to Captains Bay, Unalaska for loading aboard a 
transport ship for further relocation. This new temporary final rule is 
established to cover the anticipated time necessary for the towing of 
MODU KULLUK to Captains Bay and the operations necessary to load the 
vessel onto the transport ship for transit to the vessels repair 
facility. Notice and comment rulemaking is impracticable because this 
transport for further repairs was unexpected and requiring notice and 
comment would create further delay in achieving those repairs and 
safeguarding the public from the significant amount of vessels and crew 
required to tow this MODU.
    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 
period of time when there will be unusually high vessel traffic during 
towing operations to Captains Bay, Alaska and the complexities of 
loading the MODU KULLUK aboard the transport ship.

B. Basis and Purpose

    The MODU KULLUK unexpectedly grounded during severe weather in the 
vicinity of Sitkalidak Island, Alaska, precipitating a salvage and 
recovery operation. The MODU KULLUK was towed to Kiliuda Bay for damage 
assessments. The Coast Guard believes a safety zone is needed based on 
the significant number of persons, vessels and activities necessary to 
tow and load the MODU KULLUK, a non-self-propelled vessel. The tow 
operations are expected to involve a large number of vessels, including 
tow vessels, and pollution response vessels. The tow and loading 
operation is anticipated to take up to 30 days.
    A temporary safety zone is needed to ensure vessels engaged in the 
towing operation are able to maneuver unimpeded in the vicinity of the 
MODU KULLUK and to keep other mariners a safe distance from tow cables, 
vessels and other activities involved in the towing operations from 
Kiliuda Bay, AK to Captains Bay, AK and the loading of the MODU KULLUK 
onto the transport ship M/V XIANG RUI KOU that will take place within 
the navigable waters of Captains Bay, AK.
    Previously, a temporary final rule (USCG-2011-0668) was issued on 
January 2, 2013, creating a safety zone one nautical mile around the 
MODU KULLUK. A second temporary final rule (USCG-2012-1088) was issued 
on January 6, 2013, creating a safety zone around the MODU KULLUK while 
it was towed and anchored for assessment and repairs in Kiliuda Bay.

C. Discussion of Final Rule

    For the reasons stated above, the Coast Guard is establishing a 
safety zone in the navigable waters, from surface to seabed, within a 
1000 meter radius of the MODU KULLUK while it being towed to and 
anchored in Captains Bay, AK and while it is being loaded onto the M/V 
XIANG RUI KOU from February 20, 2013 through April 30, 2013. If the 
salvage and recovery operations are completed, and the safety zone is 
determined to be no longer necessary, enforcement of the zone will end 
prior to April 30, 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    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 route from Kiliuda Bay, AK to Captains Bay, AK 
during the winter months and it will be enforced for a short duration. 
The proposed safety zone is designed to allow vessels transiting 
through the area to safely travel around the MODU KULLUK during towing 
operations and loading area without incurring additional cost or delay.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
would 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 or operators of vessels 
intending to transit through or anchor in the transit route from 
Kiliuda Bay, AK to Captains Bay, AK or within Captains Bay, AK in the 
vicinity of the MODU KULLUK from February 20, 2013, to April 30, 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, enforcement will end 
once the towing and loading operations are completed, and the zone is 
limited to the waters within 1000 meter radius of the MODU KULLUK while 
it is towed to or at anchor within Captains Bay.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees

[[Page 14187]]

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 will not call for the collection of new 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule 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 
INTFORMATION 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 affect 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 will 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

    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 which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves establishing regulations for a safety zone. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from 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 is 
amending 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, secs. 
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, Sec.  6.04-6, 
AND Sec.  160.5; Pub L. 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0171.1.


0
2. Add Sec.  165.T17-0091 to read as follows:


Sec.  165.T17-0091  Safety Zone; MODU KULLUK; Kiliuda Bay, Kodiak 
Island to Captains Bay, Unalaska Island, Alaska.

    (a) Location. The following areas are safety zones: All navigable 
waters, from the surface to the seabed, within a one thousand meter 
radius of the MODU KULLUK, a large ocean-going drill vessel, while it 
is under tow from Kiliuda Bay, Kodiak Island to Captains Bay, Unalaska 
Island, Alaska and while the MODU KULLUK is anchored or moored in 
Captains Bay including times while it is being loaded onto and aboard 
the transport ship M/V XIANG RUI KOU.
    (b) Effective date. The safety zone is effective beginning February 
20, 2013, and terminates at 11:59 p.m. on April 30, 2013. Enforcement 
of this safety zone may end earlier if ordered by the Captain of the 
Port, Western Alaska.
    (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 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

[[Page 14188]]

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 KULLUK is loaded onto 
the M/V XIANG RUI 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: February 20, 2013.
Paul Mehler III,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2013-04989 Filed 3-4-13; 8:45 am]
BILLING CODE 9110-04-P