[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15683-15685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06580]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0158]
RIN 1625-AA00


Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; Bellingham, 
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the barge ARCTIC CHALLENGER within the waters of the Captain of the 
Port Zone Puget Sound. This action is necessary to ensure the safety of 
the maritime public and the crews involved in operational testing of 
the Arctic Containment System, and will do so by prohibiting all 
persons and vessels not involved with the operational testing of the 
Arctic Containment System from entering, transiting, or remaining in 
the safety zone unless authorized by the Captain of the Port or his 
Designated Representative.

DATES: This rule is effective without actual notice from March 25, 2015 
until April 1, 2015. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 11, 2015, until 
March 25, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-1058 to view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ryan Griffin, Waterways Management 
Division, Coast Guard Sector Puget Sound; Coast Guard; telephone (206) 
217-6051, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    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 publishing an NPRM would be 
impracticable as delayed promulgation may result in injury or damage to 
the maritime public, vessel crews, the vessels themselves, and the 
facilities prior to conclusion of a notice and comment period.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

[[Page 15684]]

making this rule effective less than 30 days after publication in the 
Federal Register. Delaying the effective date until 30 days after 
publication would be impracticable, as such a delay would eliminate the 
safety zone's effectiveness and usefulness in protecting waterway 
users, property, and the safe navigation of maritime traffic from the 
hazards associated with sea trials before 30 days have elapsed.

B. Basis and Purpose

    Coast Guard Captains of the Port are granted authority to establish 
safety and security zones in 33 CFR 1.05-1(f) for safety and 
environmental purposes, described in 33 CFR part 165.
    The ARCTIC CHALLENGER is a barge currently located at the Port of 
Bellingham that has been converted by Superior Energy Services for use 
in the Arctic drilling operations as a containment system that would 
respond in the event that a well blowout should occur.
    The ARCTIC CHALLENGER is scheduled to depart the Port of Bellingham 
to anchor inside the East Vendovi Island Anchorage site located in the 
Samish Bay. While at anchorage, the ARCTIC CHALLENGER will be 
conducting several operational tests of the Arctic Containment System. 
These operational tests are complex and will involve five different 
vessels in conducting deployment and recovery of containment dome 
systems and subsea pump operation and testing. As a result, the Coast 
Guard is establishing a temporary safety zone which is necessary to 
ensure the safety of the maritime public and workers involved in the 
operational tests.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone which 
encompasses all waters within 100 yards of the barge ARCTIC CHALLENGER, 
located in Samish Bay.
    Vessels not involved with the operational testing of the Arctic 
Containment System wishing to enter the zone must request permission 
for entry by contacting the Joint Harbor Operations Center at 206-217-
6001, or the on-scene patrol craft via VHF-FM CH 13. Once permission 
for entry is granted, vessels must proceed at a minimum speed for safe 
navigation.

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. This rule is not a 
significant regulatory action as the safety zone is limited both in 
size and duration.

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 
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 the affected waterway during the period mentioned. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities because the zone established in 
this rule is limited in size and duration. Further, vessels wishing to 
pass through the zone may do so with permission of the Captain of the 
Port.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 15685]]

minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a 100 yard safety zone around the barge 
ARCTIC CHALLENGER. The rule will prevent any vessel not involved with 
operational tests of the Arctic Containment System from approaching 
within 100 yards of ARCTIC CHALLENGER without permission of the Captain 
of the Port. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security 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 is revised to read as follows:

    Authority:  33 U.S.C. 1231; 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. 0170.1.
0
2. Add Sec.  165.T13-285 to read as follows:

Sec.  165.T13-285  Safety Zone; ARCTIC CHALLENGER, Port of Bellingham; 
Bellingham, WA.

    (a) Location. The following areas are designated as a safety zone: 
All waters within 100 yards of the vessel ARCTIC CHALLENGER as it 
conducts operational tests of the Arctic Containment System within the 
waters of the Captain of the Port Zone Puget Sound.
    (b) Regulations. In accordance with the general regulations in 
subpart C of this part vessels not involved with the Arctic Containment 
System operational tests who wish to enter the zone must request 
permission for entry by contacting the Joint Harbor Operation Center at 
206-217-6001 or the on-scene patrol craft on VHF-FM CH13. Once 
permission for entry is granted vessels must proceed at a minimum speed 
for safe navigation.
    (c) Dates. This rule is effective March 25, 2015 through April 1, 
2015. It is enforceable from 12 a.m. on March 11, 2015 until 12 a.m. on 
April 1, 2015.

    Dated: March 11, 2015.
M. W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-06580 Filed 3-24-15; 8:45 am]
 BILLING CODE 9110-04-P