[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Notices]
[Page 62977]
[FR Doc No: 2014-25084]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, October
23, 2014 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution settlement of administrative proceedings;
    Adjudicatory matter;
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: October 16, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-25084 Filed 10-17-14; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Page 24483]
[FR Doc No: 2012-9764]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC12-53-000]

Kern River Gas Transmission Company; Notice of Filing

    Take notice that on March 29, 2012, Kern River Gas Transmission
Company (Kern River) submitted a request for authorization to
retroactively adjust the amount of allowance for funds used during
construction (AFUDC) capitalized as a component of the construction
costs of its Apex Expansion project (Apex), by recording AFUDC on the
Apex project as though it was compounded monthly during construction as
opposed to semiannually in accordance with Commission policy.\1\
Additionally, Kern River requests authorization to compound AFUDC on
current and prospective projects on a monthly basis.
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    \1\ See Amendments to Uniform System of Accounts for Public
Utilities and Licensees and for Natural Gas Companies (Classes A, B,
C, and D) to Provide for the Determination of Rate for Computing
Allowance for Funds Used During Construction and Revisions of
Certain Schedule Pages of FPC Reports, Order No. 561, 57 FPC 608
(1977), reh'g denied, Order No. 561-A, 59 FPC 1340 (1977), order on
clarification, 2 FERC P 61,050 (1978).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 or 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: May 17, 2012.

    Dated: April 17, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-9764 Filed 4-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 22, 2006 (Volume 71, Number 246)]
[Notices]
[Page 77009]
[DOCID:fr22de06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

December 15, 2006.

------------------------------------------------------------------------
                                                            Docket No.
------------------------------------------------------------------------
Snowflake White Mountain Power, LLC.....................     EG06-67-000
White Creek Wind I, LLC.................................     EG06-70-000
MinnDakota Wind, LLC....................................     EG06-81-000
CR Clearing, LLC d/b/a Conception Wind Power............     EG06-82-000
GSG, LLC................................................     EG06-83-000
Peetz Logan Interconnect, LLC...........................     EG06-84-000
------------------------------------------------------------------------

    Take notice that during the month of November 2006, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

Magalie R. Salas,
Secretary.
[FR Doc. E6-21960 Filed 12-21-06; 8:45 am]

BILLING CODE 6717-01-P


Significant New Alternatives Policy Program

Fire Extinguishing and Explosion Prevention Sector

Risk Screen on Substitutes for Halon 1301

Total Flooding Systems in Normally Occupied and Unoccupied Spaces

Substitute: ATK OS-10

This risk screen does not contain Clean Air Act (CAA) Confidential
Business Information (CBI) and, therefore, may be disclosed to the
public.

Introduction

Ozone-depleting substances (ODS) are being phased out of production in
response to a series of diplomatic and legislative efforts that have
taken place over the past decade, including the Montreal Protocol and
the Clean Air Act Amendments of 1990 (CAAA).  The U.S. Environmental
Protection Agency (EPA), as authorized by Section 612 of the CAAA, is
developing a program to evaluate the human health and environmental
risks posed by alternatives to ODS.  The main purpose of EPA's program,
called the Significant New Alternatives Policy (SNAP) program, is to
identify acceptable and unacceptable substitutes for ODS in specific end
uses.

EPA’s decision on the acceptability of a substitute is based largely
on the findings of a screening assessment of potential human health and
environmental risks posed by the substitute in specific applications.
EPA has already screened a large number of substitutes in many end uses
within all of the major ODS-using sectors, including refrigeration and
air conditioning, solvent cleaning, foam blowing, aerosols, fire
suppression, adhesives, coatings and inks, and sterilization.  The
results of these risk screens are presented in a series of Background
Documents that are available in EPA's docket.

The purpose of this risk screen is to supplement EPA’s Background
Document on the fire suppression and explosion protection sector
(hereinafter referred to as the Background Document, EPA 1994). This
risk screen discusses potential human health and environmental risks
posed by the ATK OS-10 system when used as a replacement for Halon 1301
for use as a total flooding system in normally occupied and unoccupied
spaces.

The OS-10 system produces post-activation products mainly consisting of
gases and some particulates.  The pre-activation products are summarized
below in   REF _Ref214866528 \h  \* MERGEFORMAT  Table 1-1  and the
post-activation products in   REF _Ref214866472 \h  \* MERGEFORMAT
Table 1-2 .

Table   STYLEREF 1 \s  1 -  SEQ Table \* ARABIC \s 1  1 :  Composition
of ATK, Prior to Activation

Constituent	Chemical Formula	CAS #	% of Total by Weight

Gas Generanta

Ignition Material

a The submitter notes that [] will be added to the generant once full
production begins.  It will be []% of the total by weight.  []

Table   STYLEREF 1 \s  1 -  SEQ Table \* ARABIC \s 1  2 :  Composition
of ATK, Post-Activation

Constituent	Chemical Formula	CAS #	% of Total by Weight

Gaseous

Water Vapor	H2O	7732-18-5

	Nitrogen	N2	7727-37-9

	Particulate

* The percentages in this table are based on the amount of matter that
is discharged from the system and do not take into account the material
remaining in the generator as residue.

OS-10 systems consist of gas generators that are intended to be used
either singly or as several grouped together in a casing that also
contain the controls for the firing sequence, a heat management portion
and a particulate filter.  Each generator contains [] pounds of the
pre-activation mixture of chemicals (see   REF _Ref214866528 \h  \*
MERGEFORMAT  Table 1-1 ).  The generator includes a pyrotechnic igniter
and a diffuser through which the hot gas is released. A single gas
generator is capable of extinguishing a heptane fire in a volume of 220
cubic feet with a safety factor of 1.3 on the agent quantity (ATK
2008a).

OS-10 systems are intended to be used in a variety of commercial,
industrial, and marine applications including protection of data
centers, shipboard machinery spaces, and telecommunication facilities.
Applications also include the protection of selected spaces in
aircrafts, ships, and vehicles. (ATK 2008a)

To ensure that use of OS-10 in the applications listed above will not
pose unacceptable risks to workers or the general public, worst case
occupational exposure (during manufacturing, installation and
maintenance, and post-activation clean up) and general population
analyses were performed.  Consumer exposure modeling was not performed
because no consumer applications are proposed for this system.

The remainder of this risk screen is organized as follows:

Section 2 of this report summarizes the results of the risk screen for
OS-10;

Section 3 presents atmospheric modeling;

Section 4 discusses occupational exposure during manufacturing,
installation, and maintenance;

Section 5 discusses exposure at the end-use;

Section 6 assesses risks associated with general population exposure;
and

Section 7 assesses the emissions of volatile organic compounds.

Summary of Results

ATK OS-10 is recommended for SNAP approval as a total flooding device in
normally occupied and unoccupied spaces.  Section VIII of the
Occupational Safety & Health Administration (OSHA) Technical Manual
(OSHA 1999) should be consulted for information on selecting the
appropriate types of personal protective equipment (PPE) to be worn by
personnel involved in the manufacture, installation, maintenance or
clean-up of OS-10.  It is expected that level C of the levels of
protection presented in the Manual will provide appropriate protection
(see Appendix A for a description of level C protection).  The risk
screen indicates that the use of the proposed substitute will be less
harmful to the atmosphere than the continued use of Halon 1301.
Additionally, the risk to the general population is expected to be below
levels of concern for non-cancer risks.  EPA recommends that use of this
system should be in accordance with the safe exposure guidelines for
inert gas systems in the latest edition of NFPA 2001, specifically the
requirements for residual oxygen levels, and should be in accordance
with the relevant operational requirements in NFPA Standard 2010 for
Aerosol Extinguishing Systems.

Atmospheric Modeling

This section presents an assessment of the potential risks to
atmospheric integrity posed by the use of OS-10 as a total flooding
system in normally occupied/unoccupied areas.  The global warming
potentials (GWP) of the gaseous post-activation products released upon
activation of the fire suppressant are listed below in   REF
_Ref214866980 \h  \* MERGEFORMAT  Table 3-1 .  All products have an
ozone-depletion potential (ODP) of zero.

Table   STYLEREF 1 \s  3 -  SEQ Table \* ARABIC \s 1  1 : GWPs of the
Gaseous Post-Activation Products of OS-10

Constituent	GWP

H2O	0a

N2	0

NA Not available

Source: IPCC, 2001, unless otherwise noted.

aAlthough water vapor is a greenhouse gas, human activities are not
thought to directly affect the average global concentration of water
vapor (EPA, 2002).  There is no IPCC published GWP for water vapor.

bCalm and Hourahan, 2007

The GWPs of post-activation products in OS-10 are well below the GWPs of
previously SNAP-approved fire-suppression agents (e.g. HFCs and other
high-GWP fluids).  Accordingly, use of OS-10 is not expected to pose any
significant adverse atmospheric impacts.

Occupational Exposure

The potential for personnel exposure during manufacture, installation
maintenance, and cleanup are examined in this section. The discharge
scenarios discussed are assumed to occur accidentally and not as the
result of a fire.

Exposure During Manufacture

During manufacturing operations, workers may be exposed to [] while
conducting various activities during the production process (ATK 2008a).
 Safeguards (i.e., PPE requirements) for each have activity been
developed by ATK based on air samples collected during previous
production runs of similar constituents.  During production of OS-10,
exposure levels of the various constituents are expected to be similar
to those observed in the previous production runs (ATK 2008b).
Therefore, the PPE used during the previous runs should be appropriate
for use during OS-10 manufacture.  ATK should continue to follow good
workplace hygiene and should monitor concentrations of constituents
present during manufacture once OS-10 production begins to ensure that
the PPE are still sufficient.

Exposure During Installation and Maintenance

Installation and maintenance personnel should receive training so as to
minimize the risk for accidentally discharging the system while
performing installation or maintenance activities. If accidental
dispersion of the system does occur while workers are in the protected
volume, no significant adverse health effects should result if workers
vacate the space during the five-minute egress time established by NFPA
2010 (NFPA 2006).  Refer to Section   REF _Ref216581161 \r \h  \*
MERGEFORMAT  5  for a detailed discussion on exposure to the substitute
during this five-minute period.

Users of the system should consider the installation of oxygen
masks/tanks, safety showers and other treatment materials outside the
room where people can reach them within five minutes in the event of
accidental release.

Exposure During Cleanup

Testing data provided by the submitter do not indicate that there will
be a significant amount of particulate left in the room post-release.
 Prior to cleanup, the air exchange rate in the room should be
increased in order to aerate the space and reduce humidity.  As clean-up
operations may result in the re-circulation of dust particles, it is
recommended that all workers entering the protected volume to clean-up
after activation wear appropriate PPE.   It is expected that level C of
the levels of protection presented in the OSHA Technical Manual (OSHA
1999) will provide appropriate protection.

The contents removed from the protected volume should be disposed of
according to federal, state and local regulations.  When recommended
safety precautions are followed, no significant adverse health effects
should result.

Exposure At End-Use

When the ATK system is activated, gaseous compounds and particulate
matter are emitted.  The following sections examine exposures to the
gaseous effluent, the components of the particulate matter and nuisance
dust.

Exposure to Gaseous Effluent

  REF _Ref216582038 \h  \* MERGEFORMAT  Table 5-1  presents the
concentrations of each gaseous effluent present after dispersion of the
system, as determined in testing by ATK.  The table also includes
relevant toxicity limits for each constituent.

Table   STYLEREF 1 \s  5 -  SEQ Table \* ARABIC \s 1  1 . Concentrations
of Gaseous Effluent and Relevant Toxicity Limits

	ATK Test Levels	National Research Council Emergency Exposure Guideline
Levels (EEGLs)	Immediately Dangerous to Life and Health (IDLH)a	Acute
Exposure Guideline Levels (AEGLs)

Gas	10 Minute TWA (ppm)	10 min (ppm)	30 min (ppm)	AEGL-2b	AEGL-3c

10 min	30 min	10 min	30 min

NA = Not Available

a IDLH values are defined as the maximum exposure concentration of a
given chemical in the workplace from which one could escape within 30
minutes without any escape-impairing symptoms or any irreversible health
effects.

b AEGL-2: The airborne concentration of a substance above which it is
predicted that the general population, including susceptible individuals
could experience irreversible or other serious, long-lasting adverse
health effects or an impaired ability to escape.

c AEGL-3: The airborne concentration of a substance above which it is
predicted that the general population, including susceptible
individuals, could experience life-threatening health effects or death.

d No Rec: No recommendation due to insufficient data.

e AEGL values for [] are recommended due to the greater toxicity of [].

IDLH levels are developed to be protective of human health in the event
of a 30-minute exposure.  To supplement these values, AEGLs and EEGLs
are also used, both of which provide more acute exposure scenarios
(i.e., 10-minute exposure levels).  These levels should be closer in
magnitude to a 5-minute exposure limit, the expected maximum exposure
time in case of accidental release. The main results are summarized
below:

Concentrations of [], [] and [] resulting from an accidental release are
not anticipated to be problematic, based on comparison to AEGL and IDLH
values.

The concentration of [] is well below the AEGL-3 values (even at 30
minutes) and should not result in irreversible health effects in exposed
individuals, although eye and mucus membrane irritation may result
following exposure.

It is not expected that exposure to the concentration of [] present
after activation of OS-10 (i.e., [] ppm) for only 5 minutes will cause
adverse effects.  See Section   REF _Ref217709216 \r \h  5.1.1  for a
more detailed discussion regarding the exposure level of [].

Therefore, no adverse health effects are expected due to exposure to the
gaseous effluents during the five-minute egress time established by NFPA
2001 (NFPA 2008).

[]

[]

Table   STYLEREF 1 \s  5 -  SEQ Table \* ARABIC \s 1  2 .  Dose-Response
Table of Levels of [] and [] Resulting from Treatment []

Newborns with gestational age ≥ 34 weeks	12 hours

Moreover, EPA has concluded “that for [], if the concentration is not
high enough to be lethal due to [] formation, the animal recovers
completely.”  Therefore, EPA does not recommend acute exposure
guidelines level (AEGL) values for [] and instead recommends that AEGL
values for [] be used for emergency planning for [], as conversion of []
to [] occurs and [] is more toxic than [] (EPA 2006).

Exposure to Particulate Matter

  REF _Ref216588398 \h  \* MERGEFORMAT  Table 5-3  presents
concentrations of particulate matter measured during testing conducted
by ATK and relevant toxicity limits for the substances.

Table   STYLEREF 1 \s  5 -  SEQ Table \* ARABIC \s 1  3 . Concentrations
of Particulate Matter and Relevant Toxicity Limits

Particulate Compounds 	Concentration at 5 minutes (mg/m3)	OSHA mg/m3

(TWA: 8hrs)	OSHA mg/m3

(TWA: 15min)a

Acid Soluble Portion

Water Soluble Portion

Total Particulate

a Assuming that all exposure takes place in the time span of 15 minutes,
the 8-hour TWA can be converted to a 15-minute TWA using the following
equation: 15-minute TWA (mg/m3) =  (8-hr TWA  x 480 minutes)/15 minutes

b[]

c NIOSH, 2007

d []

e []

At the levels reported by the submitter, the particulate matter should
not be detrimental to human health.  While exposure to the reported
level of [] does not present toxicity concerns, given the irritating
nature of the compound, further information on exposure to this compound
is presented in Section   REF _Ref216588620 \r \h  \* MERGEFORMAT  5.2.1
.

Users of the system should consider the installation of oxygen
masks/tanks, safety showers and other treatment materials outside the
room where people can reach them within five minutes in the event of
accidental release.

[]

[]

Although contact with [] may be uncomfortable, there are no toxicity
concerns with the post-activation levels.  The submitter reports the
concentration of [] will be [] mg/m3 at five minutes.  This level is
well below the eight hour OSHA TWA of [] mg/m3.

Exposure to Nuisance Dust

OS-10 contains a total particulate concentration at five minutes of []
mg/m3 for all particulates.  The nuisance dust OSHA PEL TWA is 15.0
mg/m3 for eight hours and calculated as 480mg/m3 for fifteen minutes.
The nuisance dust level of ATK should not present a toxicity threat
since room occupants will only be exposed to this dust level for five
minutes; however, irritation during respiration or impaired visibility
may occur.

General Population Exposure

This section screens potential risks to the general population from
exposure to ambient air releases of OS-10 constituents.  Factory
releases (occurring during manufacture) and on-site releases (those
occurring at the end-use) are examined in this section. By following
existing regulations, factory or on-site releases are not likely to pose
a significant threat to ambient air, surface water, or solid waste.
Consequently, use of OS-10 is not expected to pose significant risk to
the general population.

Ambient Air

The submitter indicated no anticipated releases to the atmosphere at
manufacture.  On-site releases that result in the discharge of gases are
not expected to pose a threat to the general public.  ATK indicates that
state of the art detection/control systems will eliminate unwanted
discharges.  Controlled discharge of nitrogen and water vapor to the
atmosphere will occur.  This will not pose a threat to the general
public given the concentrations of these constituents naturally present
in the atmosphere.  Therefore, air emissions associated with the
manufacture and use of OS-10 are not of concern to the health of the
general population.

Surface Water

If all the solid waste settles onto the floor of the space and is
removed from the site according to federal, state, and local
requirements, the OS-10 components are not likely to settle into nearby
streams or ponds.

Solid Waste

If all spilled and settled material in the manufacturing facility and
all on-site releases are cleaned up and disposed of according to
federal, state, and local requirements, no release to the environment is
expected.

Volatile Organic Compound Analysis

The OS-10 constituents are not considered VOCs for purposes of local air
quality.

References

ATK. 2008a. Significant New Alternatives Policy Program Submission to
the United States Environmental Protection Agency, May 2008.

ATK.  2008b.  	Letter to Bella Maranion, U.S. EPA.  26 August 2008

Calm, James and Glenn Hourahan. 2007. “Refrigerant Data Update.”
Heating/Piping/Air Conditioning Engineering. 79(1): 50-64. January 2007.
Available at <   HYPERLINK
"http://members.cox.net/jamesmcalmpubs2/Calm_Hourahan-Refrigerant_Data_U
pdate-HPAC_Engineering-2007.pdf"
http://members.cox.net/jamesmcalmpubs2/Calm_Hourahan-Refrigerant_Data_Up
date-HPAC_Engineering-2007.pdf >.

[]

EPA. 2006. Acute Exposure Guidelines Levels (AEGLs) for []. October
2006. Available online at [].

EPA, 2002.  Inventory of U.S. Greenhouse Gas Emissions and Sinks:
1990-2000.

EPA.  1994. Risk Screen on the Use of Substitutes for Class I
Ozone-Depleting Substances: Fire Suppression and Explosion Protection
(Halon Substitutes).  Stratospheric Protection Division.  March 1994.

[]

IPCC, 2001.  Third Assessment Report: Climate Change 2001: The
Scientific Basis.  International Panel on Climate Change.  Available
online at http://www.grida.no/climate/ipcc_tar/.

NFPA. 2008. NFPA 2001: Standard on Clean Agent Fire Extinguishing
Systems.  National Fire Protection Agency.

NFPA. 2006.  NFPA 2010: Standard for Fixed Aerosol Fire-Extinguishing
Systems.  National Fire Protection Agency.

NIOSH.  2007.  NIOSH Pocket Guide to Chemical Hazards.  Department of
Health and Human Services, Centers for Disease Control and Prevention,
National Institute for Occupational Safety and Health.  Publication No.
2005-149.  September 2007.

OSHA.  1999.  OSHA Technical Manual. Department of Labor.  Occupational
Safety and Health Administration. January 20, 1999.  Available online at
  HYPERLINK "http://www.osha.gov/dts/osta/otm/otm_toc.html"
http://www.osha.gov/dts/osta/otm/otm_toc.html .

[]

[]

[]

Appendix A – Description of PPE Protection Level C

OSHA’s Technical Manual (OSHA 1999) defines “level C” protection
as follows:

“Support Function Protective Garment (meets NFPA 1993)

Full-facepiece, air-purifying, canister-equipped respirator

Chemical resistant gloves and safety boots

Two-way communications system, hard hat

OPTIONAL: Faceshield, escape SCBA

Protection Provided: The same level of skin protection as Level B, but a
lower level of respiratory protection. Liquid splash protection but no
protection to chemical vapors or gases.

Used When: Contact with site chemical(s) will not affect the skin. Air
contaminants have been identified and concentrations measured. A
canister is available which can remove the contaminant. The site and its
hazards have been completely characterized.

Limitations: Protective clothing items must resist penetration by the
chemical or mixtures present. Chemical airborne concentration must be
less than IDLH levels. The atmosphere must contain at least 19.5%
oxygen.

Not Acceptable for Chemical Emergency Response”

Appendix A References

OSHA.  1999.  OSHA Technical Manual. Department of Labor.  Occupational
Safety and Health Administration. January 20, 1999.  Available online at
  HYPERLINK "http://www.osha.gov/dts/osta/otm/otm_toc.html"
http://www.osha.gov/dts/osta/otm/otm_toc.html .

 AEGLs are intended to describe the risk to humans resulting from rare
exposure to airborne chemicals.

 Assuming that all exposure takes place in the time span of 15 minutes,
the 8-hour TWA can be converted to a 15-minute TWA using the following
equation: 15-minute TWA (mg/m3)  = (15mg/m3 x 480 minutes)/15 minutes=
480 mg/m3

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December 23, 2008


[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Rules and Regulations]
[Pages 14185-14188]
[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<PHONE_NUMBER><EMAIL_ADDRESS>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

    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

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

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