[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39689-39691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16740]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0267]
RIN 1625-AA00


Safety Zone--Oil Exploration Staging Area in Goodhope Bay; 
Kotzebue Sound, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
Port of Goodhope Bay, Alaska, and adjacent U.S. territorial sea on July 
1 and October 15, 2015. 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 are to protect persons and vessels during 
an unusually high volume of vessel traffic in the Port of Goodhope Bay 
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.

DATES: This rule is effective without actual notice from July 10, 2015 
until October 15, 2015. For the purposes of enforcement, actual notice 
will be used from July 1, 2015, until July 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0267]. 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 
temporary rule, call or email LT Eugene Chung, Sector Anchorage 
Prevention, Coast Guard; telephone 907-428-4189, 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
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 1, 2015, we published a notice of proposed rulemaking (NPRM) 
entitled Safety Zones: Oil Exploration Staging Area in Goodhope Bay, 
Kotzebue Sound, AK in the Federal Register. We received one letter 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

B. Basis and Purpose

    Based on information provided by private entities affiliated with 
oil exploration activities, the Coast Guard anticipates approximately 
eleven vessels associated with exploratory drilling operations will 
call upon the Port of Goodhope Bay, Alaska, en route to proposed 
drilling sites in the Chukchi and Beaufort. The addition of these 
vessels in conjunction with the high volume of traffic operating within 
the Port of Goodhope Bay 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.
    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 evaluating whether a safety 
zone would be appropriate, 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 
Goodhope Bay; (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 
Goodhope Bay; 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 safety zones to ensure safe and efficient vessel transits within the 
Port of Goodhope Bay and the adjacent territorial sea. These safety 
zones will 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 Goodhope Bay.

C. Discussion of Comments and the Final Rule

    For the reasons described above, the Coast Guard is finalizing a 
temporary safety zone due to safety concerns for personnel aboard the 
support vessels, mariners operating other vessels in the vicinity of 
Goodhope Bay, and to protect the environment. The regulation will 
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 Goodhope Bay and the adjacent 
territorial sea. The Coast Guard is establishing 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.
    The 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. They are in 
effect from July 1 through October 15, in order to encompass the 
expected period of operations.

D. Regulatory Analyses

    We developed this temporary final 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 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

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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

    This rule is not a significant regulatory action due to the minimal 
impact this will have on standard vessel operations within the Port of 
Goodhope Bay 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 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This 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 July 1, 2015 to 
October 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. The Coast Guard will publish 
a local notice to mariners (LNM) and will issue broadcast notice to 
mariners (BNM) alerts via marine channel 16 VHF before the safety zone 
is enforced.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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.

4. Collection of Information

    This rule calls for no 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 would 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 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 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 From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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 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 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 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 temporary 
final rule. An environmental analysis checklist and a categorical 
exclusion determination are available in the

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NPRM docket where indicated under Supporting Documents.

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; 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.T17-0267 to read as follows:


Sec.  165.T17-0267  Safety Zone; Port of Goodhope Bay; Goodhope Bay, 
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 Goodhope Bay, to the limits of the U.S. territorial 
sea.
    (2) [Reserved]
    (b) Effective date. The temporary safety zones become effective at 
12:01 a.m., July 1, 2015, and terminate on 11:59 p.m., October 15, 
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) of this section, 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: June 3, 2015.
S.D. Montoya,
Commander, U.S. Coast Guard, Acting Captain of the Port, Western 
Alaska.
[FR Doc. 2015-16740 Filed 7-9-15; 8:45 am]
 BILLING CODE 9110-04-P