[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19967-19970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7918]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0198]
RIN 1625-AA00


Safety Zone, Port of Dutch Harbor; Dutch Harbor, AK

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes temporary safety zones in the Port of 
Dutch Harbor, Alaska, and adjacent U.S. territorial sea from 12:01 a.m. 
local time on June 15, 2012, through 11:59 p.m. on July 1, 2012. The 
temporary safety zones will encompass the navigable waters within a 25-
yard radius of moored or anchored offshore exploration or support 
vessels, and the navigable waters within a 100-yard radius of underway 
offshore exploration or support vessels. The purpose of the safety 
zones is to protect persons and vessels during an unusually high volume 
of vessel traffic in the Port of Dutch Harbor, Alaska, and the adjacent 
territorial sea due to additional vessel traffic associated with 
exploratory drilling operations in the Chukchi and Beaufort seas during 
the summer of 2012.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 3, 2012.
    Requests for public meetings must be received by the Coast Guard on 
or before April 10, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0198 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LTJG Olivia Jones, Sector Anchorage Enforcement 
Division, Coast Guard; telephone 907-271-6741, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0198), 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 (via 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 via www.regulations.gov, 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 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0198'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. 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

[[Page 19968]]

during the comment period and may change the rule based on your 
comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0198'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
    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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

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).

Public Meeting

    The Coast Guard does not plan to conduct a public meeting, but you 
may submit a request for one by using one of the four methods specified 
under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    Based on the expectation of increased maritime traffic primarily 
due to the anticipated arrival of approximately fourteen (14) vessels 
affiliated with planned offshore drilling operations in the Chukchi and 
Beaufort Seas, temporary safety zones are proposed to ensure the safe 
transit of vessels within the navigable waters of the Port of Dutch 
Harbor and adjacent waters extending seaward to the limits of the 
territorial sea.
    The Coast Guard is proposing temporary safety zones due to safety 
concerns for personnel aboard the support vessels, mariners operating 
other vessels in the vicinity of Dutch Harbor, and to protect the 
environment. Private entities have expressed continued interest in 
interrupting or preventing offshore oil exploration activities in the 
arctic. Tactics recently employed to interrupt or prevent offshore oil 
exploration in the arctic include unlawfully boarding and trespassing 
upon vessels affiliated with drilling operations and interfering with 
the safe operation and navigation of these vessels. The Coast Guard has 
been notified that these tactics are likely to continue and has 
determined that such tactics will increase safety risks to vessels 
transiting the Port of Dutch Harbor and the adjacent territorial sea. 
In an effort to mitigate the safety risks and any resulting 
environmental damage, the Coast Guard is proposing temporary safety 
zones within the Port of Dutch Harbor and the adjacent territorial sea.
    In evaluating this request, the Coast Guard explored relevant 
safety factors and considered several criteria, including, but not 
limited to: (1) The amount of commercial activity in and around the 
Port of Dutch Harbor; (2) safety concerns for personnel aboard the 
vessels; (3) sensitivity of the environment in the region and potential 
adverse affects caused by a grounding, allision, or collision; (4) the 
types and volume of vessels navigating in the vicinity of the Port of 
Dutch Harbor; and (5) the need to allow for lawful demonstrations 
without endangering the safe operations of the support vessels. Vessels 
transiting in the vicinity of the proposed safety zones could consist 
of large commercial shipping vessels, fishing vessels, tugs and tows, 
and recreational vessels. Any group or individual intending to conduct 
lawful demonstrations in the vicinity of offshore exploration support 
vessels must do so outside of the temporary safety zones.
    Results from a thorough and comprehensive examination of the five 
criteria identified above, in conjunction with International Maritime 
Organization guidelines and existing regulations, warrant establishment 
of the proposed temporary safety zones. The proposed regulation would 
significantly reduce the threat of collisions, allisions, or other 
incidents which could endanger the safety of all vessels operating on 
the navigable waters of the Port of Dutch Harbor and the adjacent 
territorial sea. The Coast Guard proposes temporary safety zones that 
will prohibit entry into the zones unless specifically authorized by 
the Captain of the Port, Western Alaska, or his designated on-scene 
representative.

Discussion of Proposed Rule

    The increased maritime traffic through the Port of Dutch Harbor and 
the adjacent territorial sea can potentially create a scenario where 
the safety of vessels transiting through this area is placed at 
heightened risk. The proposed temporary safety zones would surround the 
designated vessels while at anchor, moored or underway on the navigable 
waters of the Port of Dutch Harbor and the adjacent territorial sea in 
order to mitigate the potential safety risks associated with the 
increased vessel traffic. The proposed temporary safety zones will 
encompass the waters within 25 yards of the support vessel if the 
support vessel is moored or at anchor, and 100 yards if the support 
vessel is in transit.
    The purpose of the proposed temporary safety zones is to facilitate 
safe navigation and protect vessels from hazards caused by increased 
volume of vessel traffic, including hazards that may be intentionally 
created, in the Port of Dutch Harbor, Broad Bay or adjacent navigable 
waters encompassed within the area from Cape Cheerful at 54-12.000 N 
166-38.000 W north to the limits of the U.S. territorial sea, and from 
Princess Head at 53-59.000 N 166-25.900 W north to the limits of the 
U.S. territorial sea.
    Enforcing temporary safety zones for each offshore exploration or 
support vessel while they are on the navigable waters in the Port of 
Dutch Harbor or the adjacent territorial sea will help prevent 
disruption to the continued operations of the vital and diverse 
commercial fleets of Dutch Harbor.

 Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic,

[[Page 19969]]

environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a significant regulatory action under section 3(f) of Executive Order 
12866. Accordingly, the Office of Management and Budget has not 
reviewed this regulation under Executive Order 12866.
    The proposed rule is not a significant regulatory action due to the 
minimal impact this will have on standard vessel operations within the 
port of Dutch Harbor because of the limited area affected and the 
limited duration of the rule. The proposed safety zones are also 
designed to allow vessels transiting through the area to safely travel 
around the proposed safety zones without incurring additional costs.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule could affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit through or refuel within the 
Port of Dutch Harbor or adjacent waters, or transit through the waters 
in the near vicinity of the Port of Dutch Harbor from June 15, 2012 to 
July 1, 2012.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: These 
safety zone restrictions are only effective from June 15, 2012 to July 
1, 2012, and are limited only to waters within 25 yards of the support 
vessel if the support vessel is moored or at anchor, and 100 yards if 
the support vessel is in transit.
    If you think your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies as a small entity and 
how and to what degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 LTJG Olivia Jones via the 
information provided in the ADDRESSES portion of this notice. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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.

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 proposed rule does not use technical standards. Therefore, we 
did

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not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. Specifically, the proposed 
rule will establish a safety zone, which is categorically excluded 
under Commandant Instruction M16475.lD, Figure 2-1, paragraph (34)(g). 
A preliminary environmental analysis checklist supporting this 
determination is 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 proposed 
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 proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; Pub L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0171.1.

    2. Add Sec.  165.T17-0198 to read as follows:


Sec.  165.T17-0198  Safety Zone; Port of Dutch Harbor; Dutch Harbor, 
Alaska.

    (a) Location. The following areas are safety zones:
    All navigable waters within a 25-yard radius of a moored or 
anchored offshore exploration or support vessel, or within a 100-yard 
radius of any underway offshore exploration or support vessel, located 
within the Port of Dutch Harbor, Broad Bay or adjacent navigable waters 
encompassed within the area from Cape Cheerful at 54-12.000 N 166-
38.000 W north to the limits of the U.S. territorial sea, and from 
Princess Head at 53-59.000 N 166-25.900 W north to the limits of the 
U.S. territorial sea.
    (b) Effective date. The temporary safety zones become effective at 
12:01 a.m., June 15, 2012, and terminate on 11:59 p.m., July 1, 2012, 
unless sooner terminated by the Captain of the Port.
    (c) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply to all vessels operating within the 
area described in paragraph (a).
    (1) If a non-exploration or support vessel is moored or anchored 
and an offshore exploration or support vessel transits near them such 
that it places the moored or anchored vessel within the 100-yard safety 
zone described in paragraph (a), the moored or anchored vessel must 
remain stationary until the offshore exploration or support vessel 
maneuvers to a distance exceeding the 100-yard safety zone.
    (2) 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.
    (3) 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.
    (4) 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.
    (5) 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 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: March 21, 2012.
J.A. Fosdick,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2012-7918 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P