[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Proposed Rules]
[Pages 24866-24869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10216]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0246]
RIN 1625-AA00


Safety Zone--Oil Exploration Staging Area in 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, Broad Bay, and adjacent navigable waters in the Dutch 
Harbor area on June 15, 2015. The temporary safety zones would 
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, 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 2015. 
Lawful demonstrations are permitted outside of the temporary safety 
zones so long as they do not endanger the safety of vessels either 
moored or anchored within the port, transiting through the port, or 
transiting through the adjacent waters of the territorial sea.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 1, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0246 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility, Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted 
between 9 a.m. and 5 p.m., Monday through Friday, except federal 
holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Heikki Laukkanen, Sector Anchorage Prevention, Coast 
Guard; telephone 907-428-4186, email [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting

[[Page 24867]]

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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, (USCG-2015-0246), 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 at 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, 
type the docket number [USCG-2015-0246] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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-2015-0246'' 
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 during the comment period 
and may change the rule based on your comments.

2. 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, 
type http://www.regulations.gov, click on the docket number in the 
``SEARCH'' box insert ``USCG-2015-0246'' and click ``SEARCH.'' Click on 
Open Docket Folder on the line associated with this rulemaking. ``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.

3. 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).

4. Public Meeting

    The Coast Guard does not now plan to hold a public meeting you may 
submit a request for one using one of the 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.

B. Regulatory History and Information

    Similar safety zones were implemented in previous years when oil 
exploration equipment was staged in Dutch Harbor, most recently in 
2012.

C. Basis and Purpose

    It is anticipated that vessels associated with exploratory drilling 
operations will call upon the Port of Dutch Harbor en route to proposed 
drilling sites in the Chukchi and Beaufort Seas. Based on information 
provided by private entities affiliated with oil exploration 
activities, the Coast Guard anticipates approximately 28 exploration or 
support vessels will call on Dutch Harbor during the period of time 
that the temporary safety zones are in effect. The addition of these 
vessels in conjunction with the high volume of traffic operating within 
the Port of Dutch Harbor creates a safety risk for all vessels 
operating therein. Such risks include reduced ability to navigate 
safely within the congested waterways of the port during the subject 
time period. To address these risks, the Coast Guard is proposing 
safety zones to ensure safe and efficient vessel transits within the 
Port of Dutch Harbor and the adjacent territorial sea. 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.
    Based on the expectation of increased maritime traffic, the Coast 
Guard believes temporary safety zones are needed to address safety 
concerns for personnel aboard the support vessels, mariners operating 
other vessels in the vicinity of Dutch Harbor, and to protect the 
environment. The vessels and equipment anticipated to be staged within 
these areas, due to their size and technical complexity, pose a safety 
risk to vessels that attempt to navigate too closely to them. Limited 
rescue capabilities are available in the area. 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. 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 ensure the safety of all vessels, including 
the diverse commercial fleets of Dutch Harbor.
    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 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 temporary safety zones. These would significantly reduce the threat 
of

[[Page 24868]]

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.

D. Discussion of Proposed Rule

    For the reasons described above, the Coast Guard is proposing 
temporary safety zones that 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 would 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 proposed temporary safety zones would be located around moored 
or moving vessels in the Port of Dutch Harbor, Broad Bay or adjacent 
navigable waters encompassed within the area from Cape Cheerful at 54-
001 N 166-38.000 W, north to the limits of the U.S. territorial sea at 
54-13.000 N 166-38.000 W, and from Princess Head at 53-59.000 N 166-
25.900 W, north to the limits of the U.S. territorial sea at 54-12.619 
N 166-25.883 W.
    The proposed temporary safety zones would prohibit entry into the 
zones unless specifically authorized by the Captain of the Port, 
Western Alaska, or his designated on-scene representative. The zones 
would be in effect from June 15 through July 1 to accommodate the 
expected arrival of the vessels.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 safety zone will 
have negligible economic impact, as there will be ample room for 
navigation around it.

2. Impact on Small Entities

    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.
    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 
proposed rule will 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 anchor in within a portion of the Port 
of Dutch Harbor or adjacent waters, from June 15, 2015, to July 15, 
2015.
    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, 2015, to July 
15, 2015, 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 that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rulemaking would economically affect it.

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 proposed rule. If the rulemaking 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. 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.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this rulemaking 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

8. 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.

9. 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.

[[Page 24869]]

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

11. 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.

12. Energy Effects

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

14. 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 involves establishing a safety zone, which is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. 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.

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T17-0246 to read as follows:


Sec.  165.T17-0246  Safety Zone; Port of Dutch Harbor; Dutch Harbor, 
Alaska.

    (a) Location. The following areas are safety zones:
    (1) 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 54-001 N 166-38.000 
W, north to the limits of the U.S. territorial sea at 54-13.000 N 166-
38.000 W, and from Princess Head at 53-59.000 N 166-25.900 W, north to 
the limits of the U.S. territorial sea at 54-12.619 N 166-25.883 W.
    (b) Effective date. The temporary safety zones become effective at 
12:01 a.m., June 15, 2015, and terminate on 11:59 p.m., July 1, 2015, 
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, Western Alaska, 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: April 14, 2015.
Paul Mehler, III,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2015-10216 Filed 4-30-15; 8:45 am]
BILLING CODE 9110-04-P