[Federal Register: January 13, 2005 (Volume 70, Number 9)]
[Rules and Regulations]
[Page 2355-2357]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja05-20]
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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.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Bering Sea, west of and including Makushkin Bay, Unalaska Island,
Alaska. The zone is needed to facilitate oil spill recovery operations
related to the grounding of the merchant vessel (M/V) SELENDANG AYU,
and to mitigate damage to the environment during oil spill recovery
operations. 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.
DATES: This rule is effective from December 11, 2004 through June 11,
2005.
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. Any delay
[[Page 2356]]
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 oil spill recovery
operations.
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. The Safety Zone is being
implemented in response to the unplanned grounding of the M/V SELENDANG
AYU. Any delay encountered in this regulation's effective date would be
unnecessary and contrary to public interest, since immediate action is
needed to mitigate damage to the environment during oil spill recovery
operations. The Coast Guard will terminate the zone when oil recovery
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
began discharging its fuel into the water. The safety zone is necessary
to prevent unauthorized vessels from transiting through the oiled
waters or otherwise impeding oil recovery operations.
Discussion of Rule
The Unified Command, which is responding to the grounding of the M/
V Selendang Ayu, identified the likely oil trajectory based on the
geography of the region, as well as possible wind and weather
scenarios. The safety zone was established in the area that is likely
to become oiled, and where subsequent oil recovery operations will be
taking place. This area is defined by a point at the western tip of
Cape Kovrizhka, Unalaska Island, located at 53[deg]51.0' N,
167[deg]9.5' W, then west 10 nautical miles to a point located at
53[deg]51.0' N, 167[deg]26' W, then south to the northern tip of Wedge
Point, Unalaska Island, located at 53[deg]27' N, 167[deg]24' W. 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 will 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 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 point at the western tip of Cape
Kovrizhka, Unalaska Island, located at 53[deg]51.0' N, 167[deg]9.5' W,
then west 10 nautical miles to a point located at 53[deg]51.0' N,
167[deg]26' W, then south to the northern tip of Wedge Point, Unalaska
Island, located at 53[deg]27' N, 167[deg]24' W.
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 oil recovery operations are complete and the area adjacent to the
grounded vessel is considered safe for vessel traffic.
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 effect 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.
[[Page 2357]]
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 December 11, 2004 to June 11, 2005, add temporary Sec.
165.T17-010 to read as follows:
Sec. 165.T17-010 Safety Zone; Bering Sea, Aleutian Islands, Unalaska
Island, AK.
(a) Description. The safety zone is defined by a point at the
western tip of Cape Kovrizhka, Unalaska Island, located at 53[deg]51.0'
N, 167[deg]9.5' W, then west 10 nautical miles to a point located at
53[deg]51.0' N, 167[deg]26' W, then south to the northern tip of Wedge
Point, Unalaska Island, located at 53[deg]27' N, 167[deg]24' W. All
coordinates reference Datum: NAD 1983.
(b) Enforcement period. The safety zones in this section will be
enforced from December 11, 2004 through June 11, 2005.
(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
Dated: December 21, 2004.
R.J. Morris,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 05-657 Filed 1-12-05; 8:45 am]
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