[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41909-41911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17223]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0545]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard establishes temporary safety zones in the 
navigable waters, from surface to seabed, of the Port of Dutch Harbor, 
Alaska, and the adjacent U.S. territorial sea from June 15, 2012, 
through July 31, 2012. The temporary safety zones will encompass the 
navigable waters within a 25-yard radius of moored or anchored Shell 
offshore exploration or support vessels, and the navigable waters 
within a 100-yard radius of underway Shell 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: The temporary safety zones become effective on June 15, 2012, 
and terminate on August 1, 2012, unless sooner terminated by the 
Captain of the Port.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0545 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0545 in the 
``Keyword'' box, and then clicking ``Search.'' 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 CDR Adam Tyndale, U.S. Coast Guard, Sector Anchorage 
Response Department; telephone 907-271-6723, [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: 

Regulatory 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because Shell vessel operations in the 
Port of Dutch Harbor will begin within 15 days and the safety zone is a 
necessary measure to ensure safety of life and property, and the 
protection of the flow of commerce.
    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 in the Port of Dutch 
Harbor and the adjacent territorial sea, and the event is scheduled to 
occur in less than 30 days.

Basis and Purpose

    The legal basis for the rule is 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; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorizes the Coast 
Guard to define regulatory safety zones.
    Based on the expectation of increased maritime traffic due to the 
anticipated arrival of approximately twenty (20) vessels affiliated 
with planned offshore drilling operations in the Chukchi and Beaufort 
Seas during a period of time that the Port of Dutch Harbor normally 
experiences increased vessel traffic, the Coast Guard is establishing 
temporary safety zones to ensure the safe transit of vessels within the 
navigable waters, from surface to the seabed, of the Port of Dutch 
Harbor and adjacent waters extending seaward to the limits of the 
territorial sea.
    The purpose of the established 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

[[Page 41910]]

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 to the limits of the U.S. territorial sea.

Discussion of Rule

    The Coast Guard is establishing safety zones in the navigable 
waters, from surface to seabed, within a 25-yard radius of moored or 
anchored Shell offshore exploration or support vessels, and the 
navigable waters, from surface to seabed, within a 100-yard radius of 
underway Shell offshore exploration or support vessels in the Port of 
Dutch Harbor, Alaska, and the adjacent U.S. territorial sea from June 
15, 2012, through July 31, 2012. 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.

Regulatory Analyses

    We developed this 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

    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 costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The 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 safety zones are also designed to allow 
vessels transiting through the area to safely travel around the safety 
zones without incurring additional cost or delay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 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 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 through July 31, 2012.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be effective from June 15, 2012 through July 31, 2012, 
and is limited only to waters, from surface to seabed, 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

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).

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 (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.

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.

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 will not create an 
environmental risk to health or risk to safety that might 
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

[[Page 41911]]

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 is categorically excluded, under figure 2-1, paragraph 34(g), 
of the Instruction. This rule involves establishing regulations for 
safety zones. An environmental analysis checklist 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 measures, 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, Sec.  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. 0171.1.


0
2. Add Sec.  165.T17-0545 to read as follows:


Sec.  165.T17-0545  Safety Zone; Port of Dutch Harbor; Dutch Harbor, 
Alaska.

    (a) Location. The following areas are safety zones:
    (1) All navigable waters, from the surface to the seabed, within a 
25-yard radius of moored or anchored offshore exploration or support 
vessel, as identified in paragraph (a)(2) of this section, or within a 
100-yard radius of any underway offshore exploration or support vessel, 
as identified in paragraph (a)(2) of this section, 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.
    (2) The offshore exploration and support vessels to which safety 
zones apply are as follows: NORDICA, FENNICA, AIVIQ, TOR VIKING, HARVEY 
EXPLORER, HARVEY SPIRIT, SISUAQ, AFFINITY, the Barge TUUQ, LAUREN FOSS, 
ARCTIC SEAL, NANUQ, KLAMATH, GUARDSMAN, ENDEAVOR, OLIKTOK, CORBIN FOSS, 
ARCTIC CHALLENGER, NOBLE DISCOVERER, and KULLUK.
    (b) Effective date. The temporary safety zones become effective on 
June 15, 2012, and terminate on August 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) of this section.
    (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: June 11, 2012.
J.A. Fosdick,
Captain, U.S. Coast Guard, Commander, Sector Anchorage.
[FR Doc. 2012-17223 Filed 7-16-12; 8:45 am]
BILLING CODE 9110-04-P