[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Rules and Regulations]
[Pages 5768-5770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01857]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0020]
RIN 1625-AA00


Safety Zone; North Pacific Ocean, Dutch Harbor, AK

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Amendment to temporary final rule; reduction in size of safety 
zone.

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SUMMARY: The Coast Guard is amending the temporary safety zone for the 
M/V GENIUS STAR XI navigable waters from 1 nautical mile radius to a 
\1/2\ nautical mile radius. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by a fire onboard the M/V GENIUS STAR XI. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Western Alaska (COTP).

DATES: This rule is effective without actual notice from January 30, 
2024, through March 6, 2024. For the purposes of enforcement, actual 
notice will be used from January 19, 2024, until January 30, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0020 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT William Mason, Sector Anchorage, AK Waterways 
Management Division, U.S. Coast Guard; telephone

[[Page 5769]]

907-428-4100, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' 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 because of the urgent need to establish a safety 
zone as soon as possible to enhance public safety given the dangers 
associated with a vessel recently on fire.
    Also, 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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with a recent fire 
onboard the M/V GENIUS STAR XI and the emergency operations taking 
place.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port, Western Alaska, has determined that 
potential hazards associated with ongoing response activities for a 
recent vessel fire and the hazardous materials onboard the vessel will 
be a safety concern for anyone within a \1/2\ nautical mile radius of 
the M/V GENIUS STAR XI. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone from the potential hazards created by the vessel fire. The 
duration of the rule is necessary due to the challenges associated with 
getting materiel and personnel to the vessel given its remote location.

IV. Discussion of the Rule

    This rule establishes an amended safety zone from January 19, 2024, 
through March 6, 2024. The safety zone will be reduced from the 
previous 1 nautical mile radius, to a \1/2\ nautical mile radius and 
will cover all navigable waters of the M/V GENIUS STAR XI within the 
Captain of the Port Zone Western Alaska in the vicinity of the Port of 
Dutch Harbor, Alaska. The M/V GENIUS STAR XI, IMO 9622710, is a 410-
foot General cargo ship with a white superstructure and a black hull.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the safety of 
emergency operators in the vicinity of the M/V GENIUS STAR XI. The 
small size and short duration of this safety zone combined with 
anticipated limited vessel traffic is expected to minimally restrict 
vessel movements. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via available local means about the zone, and the 
rule will allow vessels to seek permission under certain conditions to 
enter the zone from the COTP or a designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email 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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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

[[Page 5770]]

responsibilities between the Federal Government and Indian tribes.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(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 
safety zone lasting only 60 days based on the response operations for 
the fire onboard the M/V GENIUS STAR XI and will prohibit entry within 
\1/2\ nautical mile of the vessel. It is categorically excluded from 
further review under paragraph L60d of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Revise Sec.  165.T17-0020, added at 89 FR 1457 (January 10, 2024), 
to read as follows:


Sec.  165.T17-0020  Safety Zone; North Pacific Ocean, Dutch Harbor, AK.

    (a) Location. The following is a safety zone: All navigable waters 
within a \1/2\ nautical mile radius of the M/V GENIUS STAR XI within 
the Captain of the Port Zone Western Alaska in the vicinity of the Port 
of Dutch Harbor, Alaska.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard Coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Western Alaska (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you shall not enter the safety zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via Marine VHF channel 16 or by calling the USCG Command 
Center at 907-428-4100. Those in the safety zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement period. This section will be enforced from January 
19, 2024, through March 6, 2024.

    Dated: January 19, 2024.
C.A. Culpepper,
Captain, U.S. Coast Guard, Captain of the Port Western Alaska.
[FR Doc. 2024-01857 Filed 1-26-24; 4:15 pm]
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