[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Rules and Regulations]
[Pages 52393-52396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21017]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
Port of Dutch Harbor, Broad Bay or adjacent navigable waters in the 
Dutch Harbor area on July 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 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.

DATES: This rule is effective without actual notice from August 28, 
2015 until August 31, 2015. For the purposes of enforcement, actual 
notice will be used from July 15, 2015, until August 31, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0246]. 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 Dutch Harbor, AK 
in the Federal Register (80 FR 24866). We received one comment on the 
proposed rule. No public meeting was requested, and none was held. On 
July 10, 2015, the Coast Guard published a temporary final rule (80 FR 
39691) which lasted until July 15, 2015. The Coast Guard now believes 
it will be necessary to maintain the safety zones previous established 
until August 31, 2015.
    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.

[[Page 52394]]

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 as it would be impracticable, as immediate action is needed to 
minimize potential hazards to navigation posed by the presence of 
certain maritime traffic. The presence of large drilling vessels in the 
staging area was not anticipated by the Coast Guard beyond July 15 when 
the rulemaking activity began. Any delay in the effective date of this 
rule would present a safety risk to people and vessels in the vicinity 
of the staging area.
    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 for the reasons described above.

B. Basis and Purpose

    Based on the expectation of increased maritime traffic primarily 
due to the anticipated arrival of approximately twenty eight (28) 
vessels affiliated with planned offshore drilling operations in the 
Chukchi and Beaufort Seas, temporary safety zones needed 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 believes temporary safety zones are 
needed 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. The vessels and equipment anticipated to be 
staged within these safety zones, 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 establishing 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 support vessels. Vessels 
transiting in the vicinity of the 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 temporary safety zones. A safety zone 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.

C. Discussion of the Temporary Final Rule

    For the reasons described above, the Coast Guard is establishing 
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 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.
    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.

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 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 
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 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 15, 2015 to 
August 31, 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

[[Page 52395]]

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 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.T17-0246 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 54-12.000 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.
    (b) Effective date. The temporary safety zones become effective at 
12:01 a.m., July 15, 2015, and terminate on 11:59 p.m., August 31, 
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

[[Page 52396]]

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: July 14, 2015.
Paul Albertson,
Commander, U. S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2015-21017 Filed 8-28-15; 8:45 am]
 BILLING CODE 9110-04-P