[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59234-59237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23530]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number 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: Final rule.

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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 above a leaking wellhead from the

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potential hazards of vessels anchoring, mooring, fishing or loitering 
in 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 effective September 26, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
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, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) 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

A. Regulatory History and Information

    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 seabed. Anchoring, mooring, fishing, or 
otherwise loitering in the area above the containment dome could 
potentially cause structural damage and failure to the containment 
dome, wellheads, well piping system and closure valves, which would 
reduce the dome's effectiveness and potentially release oil and gas 
into the Gulf of Mexico. 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.
    On April 29, 2013, the Coast Guard established this regulated 
navigation area with an interim rule and request for comments, pursuant 
to authority under section 4(a) of the Administrative Procedure Act 
(APA) (5 U.S.C.(b)) (78 FR 24987). This regulation was later amended on 
June 11, 2013 (78 FR 34894), to correct the exact location of regulated 
area above the containment dome. The Coast Guard received two comments 
on this rulemaking, discussed in more detail below. The Coast Guard did 
not hold a public meeting and no public meeting was requested.

B. Basis and Purpose

    The Coast Guard's basis for this rule includes 33 U.S.C. 1231; 46 
U.S.C. Chapter 701, 3306, 3706, 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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received two comments regarding this rulemaking. 
One comment was from the Department of the Interior noting that the 
Department reviewed the rule and had no comment. One comment was from a 
private citizen generally opposed to the regulation. This comment did 
not contain any specific objections to the rule or recommendations for 
altering the rule. Despite this general objection, the Coast Guard has 
decided to continue with the rulemaking and permanently establish this 
regulated navigation area to protect the environment by limiting damage 
to the subsea oil containment system.

D. Discussion of the Final Rule

    This rule creates a regulated navigation area of a 300-foot 
diameter centered at 28[deg]56'12.619'' N, 088[deg]58'10.303'' W, and 
extending the entire water column from the surface to the seabed. 
Vessels may transit freely through this area, but must not anchor, 
moor, fish, or otherwise loiter in the area, unless they have been 
granted special authorization by the Captain of the Port New Orleans. 
This regulated navigation area will be in effect from the date this 
rule is published in the Federal Register until cancelled by the 
District Commander.

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. Those 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, 
fishing, 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 term ``small 
entities'' comprises small business, 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 or operators of vessels intending to 
anchor, moor, fish, 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 anchoring, mooring, 
fishing, or loitering in the area described above. Transiting through 
the

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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 
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.

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

    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.

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. Revise 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) 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]56'12.619''N, 008[deg]58'10.303''W, and extending 
the entire water column from the surface to the seabed.
    (b) Regulations.
    (1) In accordance with the general regulations in Sec.  165.11 of 
this part, all vessels are prohibited from anchoring, mooring, fishing, 
or otherwise 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.


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    Dated: September 16, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2013-23530 Filed 9-25-13; 8:45 am]
BILLING CODE 9110-04-P