Safety Zone-Oil Exploration Staging Area in Dutch Harbor, AK, 52393-52396 [2015-21017]
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Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations
within a 3.9-mile radius of Tracy
Municipal Airport with segments
extending from the 3.9-mile radius to 11
miles northwest, 6.4 miles east, and 9
miles southeast, of the airport.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial, and
unlikely to result in adverse or negative
comments. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
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■
Authority: 49 U.S.C. 106(f), 106(g): 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting
■
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Points, dated August 6, 2014, and
effective September 15, 2014, is
amended as follows:
52393
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth
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:
*
*
*
*
AWP CA E5 Tracy, CA (Modified)
Tracy Municipal Airport, CA
(lat. 37°41′21″ N., long. 121°26′31″ W.)
That airspace extending upward from 700
feet above the surface within a 3.9-mile
radius of Tracy Municipal Airport, and
within 2 miles each side of the 326° bearing
from the airport extending from the 3.9-mile
radius to 11 miles northwest of the airport,
and that airspace 1.8 miles either side of the
airport 132° bearing from the 3.9-mile radius
to 9 miles southeast of the airport, and that
airspace 2.2 miles either side of the airport
097° bearing from the 3.9-mile radius to 6
miles east of the airport.
Issued in Seattle, Washington, on August
17, 2015.
Christopher Ramirez,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2015–21414 Filed 8–28–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2015–0246]
RIN 1625–AA00
Safety Zone—Oil Exploration Staging
Area in Dutch Harbor, AK
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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.
SUMMARY:
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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 https://
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
Eugene.Chung@uscg.mil. 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
33 CFR Part 165
ACTION:
DATES:
Fmt 4700
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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.
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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
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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
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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
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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
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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.
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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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52395
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.
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
2. Add § 165.T17–0246 to read as
follows:
■
§ . 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 25yard 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 § 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
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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.
navigational hazards associated with a
large scale swimming event.
DATES: This rule is effective from 7 a.m.
on September 12, 2015 until 10 a.m. on
September 13, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0509]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 rule, call or
email LTJG Amanda Garcia, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
[FR Doc. 2015–21017 Filed 8–28–15; 8:45 am]
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
DEPARTMENT OF HOMELAND
SECURITY
A. Regulatory History and Information
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0509]
RIN 1625–AA00
Safety Zone; Incredoubleman
Triathlon; Henderson Bay, Lake
Ontario, Sackets Harbor, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Henderson Bay, Lake Ontario, Sackets
Harbor, NY for a triathlon event. This
safety zone is intended to restrict
vessels from a portion of Lake Ontario
during the swimming portion of the
Incredoubleman Triathlon event. This
temporary safety zone is necessary to
protect participants, spectators,
mariners, and vessels from the
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SUMMARY:
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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 doing
so would be impracticable. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
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hazards associated with a large scale
swimming event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
Between 7 a.m. until 10 a.m. on
September 12 and 13, 2015, a triathlon/
swimming race will be held offshore of
Henderson Bay, Lake Ontario, Sackets
Harbor, NY. The Captain of the Port
Buffalo has determined that a large scale
swimming event on a navigable
waterway will pose a significant risk to
participants and the boating public.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
the Incredboubleman Triathlon event.
This zone will be enforced from 7 a.m.
until 10 a.m. on September 12 and 13,
2015. This zone will encompass all
areas on the waters of Henderson Bay,
Lake Ontario, Sackets Harbor, NY
within the following positions:
43°53′52.58″ N. and 076°7′40.19″ W.,
then Northwest to 43°54′4.44″ N. and
076°7′43.89″ W., then Southwest to
43°53′57.19″ N. and 076°8′19.19″ W.,
then Southeast to 43°53′52.58″ N. and
076°7′40.19″ W. (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
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]]>Agencies
[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 https://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
Eugene.Chung@uscg.mil. 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
