[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68445-68447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28291]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0295]
RIN 1625-AA00


Safety Zones; Shell Arctic Drilling/Exploration Vessels, Puget 
Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones around 
the POLAR PIONEER and NOBLE DISCOVERER, two vessels associated with 
Royal Dutch Shell's (Shell) Arctic oil drilling and exploration 
operations, as well as any vessel actively engaged in towing or 
escorting those vessels, while they are located in the U.S. Territorial 
and Internal Waters of the Sector Puget Sound Captain of the Port Zone. 
The safety zones created by this rule are necessary to ensure the 
mutual safety of all waterways users including the specified vessels 
and those individuals that may desire to exercise their First Amendment 
rights relating to Shell's Arctic oil drilling and exploration 
operations.

DATES: This rule is effective without actual notice from November 5, 
2015 through December 31, 2015. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, October 23, 
2015, through November 5, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0295 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Kate Haseley, Waterways Management Division, 
U.S. Coast Guard Sector Puget Sound; telephone (206) 217-6051, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code

II. Background Information and Regulatory History

    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 the vessels at issue will be arriving in late October 
and a safety zone is needed at that time to help ensure the safety of 
all waterway users.
    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 reasons identical to those 
described above, delaying the effective date until 30 days after 
publication would be impracticable since the regulation is immediately 
necessary to help ensure the safety of all waterway users.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish limited access areas is: 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. POLAR PIONEER and NOBLE DISCOVERER are Shell 
contracted vessels that are returning to the Puget Sound region as a 
part of demobilizing from oil drilling and exploration operations in 
the Arctic over the spring and summer of 2015. In the spring of 2015 a 
significant amount of First Amendment activity related to Shell's 
arctic activities took place in both Washington and Oregon and such 
activity may occur again when the vessels are in the Puget Sound. The 
previous First Amendment activity included the unauthorized boarding of 
a Shell contracted vessel on the high seas by Greenpeace members, the 
formation of a ``kayak flotilla'' in the Puget Sound to advocate 
against Shell's operations in the region including an attempt to block 
POLAR PIONEER from leaving Seattle, Washington, and the use of a 
``kayak flotilla'' as well as Greenpeace members hanging from a bridge 
in Portland, Oregon to prevent another Shell contracted vessel from 
departing. Draft

[[Page 68446]]

restrictions, vessel maneuvering characteristics, and geographic/
environmental conditions may constrain the ability of large commercial 
vessels, like the POLAR PIONEER and NOBLE DISCOVERER, to maneuver in 
close quarters with other vessels, particularly small craft piloted by 
recreational operators. Intentional close-in interaction of these 
vessels will create an increased risk of collision, grounding, or 
personal injury for all parties. This safety risk to all parties and 
the port itself is best addressed by mandating a minimum zone of 
separation. For these reasons, the Coast Guard believes that safety 
zones around the POLAR PIONEER and NOBLE DISCOVERER, as well as any 
vessel actively engaged in towing or escorting those vessels, are 
necessary to ensure the safety of all waterways users.

IV. Discussion of the Rule

    In this rule, the Coast Guard is establishing safety zones around 
the Shell contracted vessels POLAR PIONEER and NOBLE DISCOVERER, as 
well as any vessel actively engaged in towing or escorting those 
vessels. The safety zones are established in subsection (a) of this 
temporary regulation. Per subsection (a)(1), while transiting, the 
safety zone around each of the vessels will encompass all waters within 
500 yards of the vessels in all directions from those vessels and any 
other vessel actively engaged in towing or escorting those vessels. 
Persons and/or vessels that desire to enter these safety zones must 
request permission to do so from the Captain of the Port, Puget Sound 
by contacting the Joint Harbor Operations Center at 206-217-6001, or 
the on-scene Law Enforcement patrol craft, if any, via VHF-FM CH 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. 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 zones are limited in both 
size and duration and any person and/or vessel needing to transit 
through the safety zones may be allowed to do so with the permission of 
the Captain of the Port, Puget Sound.

B. 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 waterways when the safety zones are 
in effect. The safety zones will not have a significant economic impact 
on a substantial number of small entities, however, because the safety 
zones are limited in both size and duration and any person and/or 
vessel needing to transit through the safety zones may be allowed to do 
so with the permission of the Captain of the Port, Puget Sound.
    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 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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 the establishment of temporary safety 
zones to deal with an emergency situation that

[[Page 68447]]

is one week or longer in duration. 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of all 
individuals and supports the ability to congregate and exercise First 
Amendment free speech rights safely and without interfering with other 
maritime traffic. Of particular note, large vessels operating in 
restricted waters cannot maneuver freely, nor can they stop 
immediately. As such, any First Amendment activity taking place in 
immediate proximity to such vessels can quickly result in extremis. 
Individuals that desire to exercise their First Amendment rights are 
asked to do so with full regard to vessel traffic conditions and are 
requested to contact the person listed in the FOR FURTHER INTFORMATION 
CONTACT section to coordinate their activities so that their message 
can be heard, without jeopardizing the safety or security of people, 
places, or vessels.

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.T13-302 to read as follows:


Sec.  165.T13-302  Safety Zones; Shell Arctic Drilling/Exploration 
Vessels, Puget Sound, WA.

    (a) Safety Zones--(1) Location. The following areas are designated 
as safety zones: All waters within 500 yards of the following vessels 
while transiting within the U.S. Territorial or Internal Waters of the 
Sector Puget Sound Captain of the Port Zone as defined in 33 CFR 3.65-
10: NOBLE DISCOVERER, POLAR PIONEER, and any other vessel actively 
engaged in towing or escorting those vessels.
    (2) Regulations. In accordance with the general regulations in 
subpart C of this section, no persons or vessels may enter these safety 
zones unless authorized by the Captain of the Port, Puget Sound or his 
designated representative. To request permission to enter one of these 
safety zones contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene Law Enforcement patrol craft, if any, via VHF-FM 
CH 16. If permission for entry into one of these safety zones is 
granted, vessels must proceed at a minimum speed for safe navigation 
and in accordance with any directions given by the Captain of the Port, 
Puget Sound or his designated representative.
    (b) Dates. This rule will be enforced from October 23, 2015 through 
December 31, 2015.

    Dated: October 23, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-28291 Filed 11-4-15; 8:45 am]
 BILLING CODE 9110-04-P