[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Rules and Regulations]
[Pages 24987-24990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09994]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0064]
RIN 1625-AA11


Regulated Navigation Area, Gulf of Mexico; Mississippi Canyon 
Block 20, South of New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 
(RNA) in the Mississippi Canyon Block 20 in the Gulf of Mexico. This 
RNA is needed to protect the subsurface monitoring and collection dome 
system

[[Page 24988]]

above a leaking wellhead from the potential hazards of vessels 
anchoring, mooring or loitering on or near the oil and gas discharge 
area. Deviation from this rule is prohibited unless specifically 
authorized by the Captain of the Port New Orleans, or his designated 
representative.

DATES: This rule is enforced with actual notice from April 4, 2013, 
until April 29, 2013. This rule is effective in the Code of Federal 
Regulations on April 29, 2013. Comments and related material must be 
received by the Coast Guard on or before July 29, 2013.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2013-0064. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``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, excluding Federal holidays.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, excluding 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Brandon Sullivan, Coast Guard Sector 
New Orleans; telephone 504-365-2281, email [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: 

Table of Acronyms

    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of Proposed Rulemaking
    RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver or mail your comment, it 
will be considered as having been received by the Coast Guard when it 
is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan on holding a public meeting, but you may submit a 
request for one prior to the comment period ending, using one of the 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
in this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard is issuing this interim 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 delaying issuance of this rule would be 
impracticable and contrary to public interest. After installation of a 
containment dome, any vessels anchoring, mooring or loitering in the 
area covered by this rule have the potential to cause grave 
environmental impacts and greatly reduce the effectiveness of the 
containment and monitoring system for the affected wellhead. The 
necessity of this dome and RNA were unexpected.
    Anchoring, mooring or loitering in the area covered by the rule 
could potentially cause structural damage and failure to the 
containment dome,

[[Page 24989]]

associated hoses and systems, wellheads, well piping system and closure 
valves, causing the discharge of crude oil and gas into the Gulf of 
Mexico. The protection of this area is crucial in reducing negative 
impacts to wildlife and to protect the subsea collection and monitoring 
system around a damaged subsea oil well.
    Under 5 U.S.C. 553(d)(3), for the same reasons as discussed above, 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
A 30 day delay in this rule's effective date would be impracticable and 
contrary to the public interest in reducing the potential catastrophic 
impacts to the environment and wildlife from a system failure.
    The Coast Guard will, however, review all comments submitted 
pertaining to this interim rule, and will consider revising the RNA to 
reflect any comments deemed pertinent and necessary by the Coast Guard 
before a final rule is issued.

C. Basis and Purpose

    The Coast Guard's basis for this rule includes 33 U.S.C. 1231; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1. The purpose of 
the rule is to establish a regulated navigation area for the protection 
of oil spill containment measures in the Gulf of Mexico.
    On September 16, 2004, a mudslide resulted from Hurricane Ivan's 
storm surge that toppled the Mississippi Canyon (MC) 20 Platform A. The 
platform's wells were covered by more than 100-feet of mud and 
sediment. As a result of structural damage, plumes containing crude oil 
and gas have been discharging into the Gulf of Mexico, creating a sheen 
on the surface of the water.
    The responsible party for this incident has undertaken an operation 
to install a containment dome over the affected area, which would catch 
the oil rising from the sea floor. Many vessels continue to operate in 
the affected area. Anchoring, mooring, or loitering in the area above 
the containment dome could potentially damage the dome, or reduce its 
effectiveness. Therefore, regulating navigation in this area is 
necessary to protect the collection and subsurface monitoring system 
and to reduce the potentially negative impacts to the environment from 
the pluming oil.

D. Discussion of the Interim Rule

    This rule creates a regulated navigation area of a 300-foot 
diameter centered at 28[deg]52'17'' N, 089[deg]10'50'' W, and extending 
the entire water column from the surface to the sea floor. Vessels may 
transit freely through this area, but must not anchor, moor, or loiter, 
unless they have been granted special authorization by the Captain of 
the Port, New Orleans.

E. 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 impacts on 
navigation users are expected to be minimal because the enforcement of 
this RNA does not prohibit vessels from transiting through the area 
described above. This RNA prohibits only the anchoring, mooring or 
loitering of vessels within the 300-foot diameter section of the 
protected area.

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 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 or operators of vessels intending to 
anchor, moor, or loiter in the regulated area. This regulated 
navigation area will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
establishment of this RNA encompasses a limited area of the Gulf of 
Mexico and there will be minimal to no impact to commercial vessel 
traffic. This RNA only prohibits vessels from mooring, anchoring or 
loitering in the area described above. Transiting through the above 
described area is authorized and notification of the enforcement of 
this RNA will be disseminated to the marine community through broadcast 
notice to mariners.

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 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 
business 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 a 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 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 
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.

[[Page 24990]]

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 From Environmental Health Risks

    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

    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 determined 
that 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 involves establishing a regulated navigation 
area of a 300-foot diameter, extending the entire water column from the 
water surface to the seabed. 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 measurers, 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec.  165.840 to read as follows:


Sec.  165.840  Regulated Navigation Area, Gulf of Mexico: Mississippi 
Canyon Block 20, South of New Orleans, LA.

    (a) Effective date. This section is effective on April 4, 2013.
    (b) Location. The following area is a Regulated Navigation Area: A 
300-foot diameter area at the water surface centered on the following 
coordinates: 28[deg]52'17'' N 089[deg]10'50'' W, and extending the 
entire water column from the surface to the seabed.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.13 of 
this part, all vessels are prohibited from anchoring, mooring or 
loitering in the above described area except as authorized by the 
Captain of the Port, New Orleans.
    (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 by telephone at (504) 
365-2200.

    Dated: April 4, 2013.
R. A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-09994 Filed 4-26-13; 8:45 am]
BILLING CODE 9110-04-P