Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA, 23445-23448 [2015-09858]
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Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0351]
Drawbridge Operation Regulation;
Lewis and Clark River, Astoria, OR
Coast Guard, DHS.
ACTION: Notice of deviation from
drawbridge regulation.
AGENCY:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Oregon State
(Lewis and Clark River) highway Bridge
across the Lewis and Clark River, mile
1.0, at Astoria, OR. The deviation is
necessary to accommodate bridge
maintenance activities on the bridge.
This deviation allows the bridge to
remain in the closed-to-navigation
position and need not open to maritime
traffic.
DATES: This deviation is effective from
7 a.m. on May 11, 2015 to 5 p.m. on
August 30, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0351] is
available at 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 deviation. 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
deviation, call or email Steven M.
Fischer, Thirteenth Coast Guard District
Bridge Program Administrator,
telephone 206–220–7282, email d13-pfd13bridgesuscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Oregon Department of Transportation
(ODOT) has requested that the Lewis
and Clark River Bridge, mile 1.0, remain
in the closed-to-navigation position, and
need not open to vessel traffic Monday
through Friday expect on Mondays from
7 a.m. to 4 p.m. when given 3 hours
advanced notice. The deviation is
necessary to facilitate bridge
maintenance activities to include
repairing and preserving the bascule
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SUMMARY:
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drawbridge structural steel. The Lewis
and Clark Bridge provides a vertical
clearance of 17.3 feet above mean high
water when in the closed-to-navigation
position. The normal operating schedule
of the Oregon State highway bridge can
be found in 33 CFR 117.899(c). This
deviation period is from 7 a.m. on May
11, 2015 to 5 p.m. on August 30, 2015.
The deviation allows the bascule span
of the Lewis and Clark Bridge to remain
in the closed-to-navigation position
Monday through Friday except to open
the span(s) on Mondays from 7 a.m. to
4 p.m. with a three-hour advance notice.
The bridge will operate as normal on
Saturday and Sunday. Waterway usage
on the Lewis and Clark River is
primarily small recreational boaters and
fishing vessels transiting to and from
Fred Wahl Marine Construction Inc.
The bascule spans of the bridge will
have a containment system installed
which will reduce the vertical clearance
navigation clearance by 5 feet from 17.3
feet above mean high water to 12.3 feet
above mean high water. Vessels able to
pass through the bridge in the closed
positions may do so at anytime. The
bridge will be able to open for
emergencies if a three-hour notice is
given from 7 a.m. to 5 p.m. Monday
through Friday; on Saturdays and
Sundays the bridge will be able to open
in accordance with 33 CFR 117.899(c),
and there is no immediate alternate
route for vessels to pass. The Coast
Guard will also inform the users of the
waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: April 21, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–09788 Filed 4–27–15; 8:45 am]
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23445
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0295]
RIN 1625–AA00; 1625–AA11
Safety Zones and Regulated
Navigation Area; Shell Arctic Drilling/
Exploration Vessels and Associated
Voluntary First Amendment Area,
Puget Sound, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones
around each vessel associated with
Royal Dutch Shell’s (Shell) planned
Arctic oil drilling and exploration
operations, and any vessel actively
engaged in towing or escorting those
vessels, while located in the U.S.
Territorial and Internal Waters of the
Sector Puget Sound Captain of the Port
Zone. In addition, the Coast Guard is
establishing a regulated navigation area
to designate a Voluntary First
Amendment Area for individuals that
desire to exercise their First
Amendment free speech rights with
regards to Shell’s operations. The safety
zones and regulated navigation area
created by this rule are necessary to
ensure the mutual safety of all
waterways users including the specified
vessels and those individuals that desire
to exercise their First Amendment
rights.
SUMMARY:
This rule is effective without
actual notice from April 28, 2015 until
June 30, 2015. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed, April
15, 2015, until April 28, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0295 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
DATES:
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email Lieutenant Matthew Beck,
Waterways Management Division, Coast
Guard Sector Puget Sound; telephone
(206) 217–6051, email
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
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.
Table of Acronyms
B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Public Law 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
Shell is planning Arctic oil drilling
and exploration operations for the
spring and summer of 2015. In
preparation for those operations, it is
staging a large number of vessels in the
Puget Sound area. Recently, it has come
to the Coast Guard’s attention that a
significant amount of First Amendment
activity related to Shell’s operations is
likely to occur in the Puget Sound. We
also note that First Amendment activity
has already included the unauthorized
boarding of a Shell vessel on the high
seas by Greenpeace members and the
formation of a ‘‘kayak flotilla’’ in the
Puget Sound to advocate against Shell’s
operations in the region. Draft
restrictions, vessel maneuvering
characteristics, and geographic/
environmental conditions may constrain
the ability of large commercial vessels
(the Shell-contracted vessels) 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. Furthermore, while moored or
at anchor the vessels will have ongoing
operations occurring onboard, some of
which could pose a safety risk to other
maritime traffic, including, for example,
the offloading of the POLAR PIONEER
from the BLUE MARLIN. The myriad of
potential safety risks 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 Shell-contracted vessels are
necessary to ensure the safety of all
waterways users.
Additionally, the Coast Guard
believes that given the nature of the
First Amendment activity expected and
the likely type of vessels used by
individuals desiring to express their
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
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 since the regulation is
immediately necessary to help ensure
the safety of all waterway users
including the specified vessels and
those individuals that desire to exercise
their First Amendment rights and
holding a notice and comment period at
this time would delay regulatory
implementation beyond the arrival of
the Shell contracted vessel ‘‘BLUE
MARLIN’’ and expected start of First
Amendment activities regarding Shell’s
operations, thereby increasing the safety
risk to all waterways users.
Current projections indicate that the
BLUE MARLIN will arrive in U.S.
Territorial Waters in the vicinity of
Puget Sound on or about April 17, 2015.
Of particular note, Greenpeace
international members boarded the
BLUE MARLIN at sea without
authorization. They have since departed
the vessel but may seek to re-board and
subsequently remain aboard when the
vessel enters U.S. jurisdiction.
Additionally, environmental groups
have announced an intention to form a
‘‘kayak flotilla’’ in the Puget Sound to
exercise their First Amendment rights
regarding Shell’s operations in the
region, making this regulation time
critical to helping ensure maritime
safety.
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First Amendment rights, namely kayaks
and other small vessels, a regulated
navigation area designating a Voluntary
First Amendment Area is necessary to
ensure the safety of those vessels and
persons. The regulated navigation area
encompassing the Voluntary First
Amendment Area would do so by
establishing it as a ‘‘no wake’’ area,
which is particularly important for
small boats such as kayaks, to better
enable persons and vessels to congregate
and exercise their First Amendment
rights safely and without interference
from or interfering with other maritime
traffic.
C. Discussion of the Final Rule
In this rule, the Coast Guard is
establishing safety zones around
specified vessels related to Shell’s
Arctic oil drilling and exploration
operations, and a regulated navigation
area for a Voluntary Free Speech Area
that will allow individuals a meaningful
opportunity to be heard in exercising
their First Amendment rights while not
compromising the safety of maritime
traffic or the individuals exercising their
First Amendment rights.
The safety zones are established in
subsection (a) of this temporary
regulation. Per subsection (a)(1)(i),
while transiting, the safety zone around
each of the vessels will encompass all
waters within 500 yards of the vessel in
all directions. Per subsection (a)(1)(ii),
while moored or anchored, the safety
zone around each of the vessels will
encompass all waters within 100 yards
of the vessel in all directions. 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.
The Coast Guard is also establishing
a regulated navigation area to ensure the
safety of individuals that desire to
exercise their First Amendment rights
related to Shell’s activities in subsection
(b) of this regulation. The Voluntary
First Amendment Area is being
established in an area where we believe
individuals will be able to effectively
communicate their message, without
posing an undue risk to maritime safety,
after analyzing maritime traffic patterns
and other environmental factors as well
as meeting with some groups who have
expressed a desire to exercise their First
Amendment rights. The regulated
navigation area encompassing the
Voluntary First Amendment Area will
ensure the safety of small boats by
establishing it as a ‘‘no wake’’ area for
persons and/or vessels to congregate
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and exercise their First Amendment
rights safely and without interference
from or interfering with other maritime
traffic. The ‘‘no wake’’ provisions will
ensure all interactions between vessels
within the area occur at a low rate of
speed, thereby reducing risk of collision
and personal injury. Likewise, the
designation of a Voluntary First
Amendment Area will help to ensure
that a large congregation of vessels does
not impede or endanger other
commercial and recreational users who
are not associated with Shell’s arctic
drilling and exploration operations or
the associated First Amendment
activity.
These provisions are particularly vital
given the expected presence of the
‘‘kayak flotilla’’ described above.
Persons or vessels desiring to exercise
their First Amendment rights to free
speech regarding Shell’s Arctic drilling
and exploration operations may enter
the regulated navigation area at any
time. All other persons or vessels are
advised to avoid the regulated
navigation area. When inside the
regulated navigation area, all vessels
must proceed at ‘‘no wake’’ speed and
with due regard for all other persons
and/or vessels inside the regulated
navigation area.
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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
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 and
regulated navigation area are limited in
both size and duration and any person
and/or vessel needing to transit through
the safety zones or regulated navigation
area may be allowed to do so in
accordance with the regulatory
provisions.
2. 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
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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 and
regulated navigation areas are in effect.
The safety zones and regulated
navigation areas will not have a
significant economic impact on a
substantial number of small entities,
however, because the safety zones and
regulated navigation area are limited in
both size and duration and any person
and/or vessel needing to transit through
the safety zones or regulated navigation
area may be allowed to do so in
accordance with the regulatory
provisions.
3. Assistance for Small Entities
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, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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23447
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. First Amendment Activities
The Coast Guard respects the First
Amendment rights of all individuals.
This regulation establishes a regulated
navigation area to create a Voluntary
First Amendment Area so that persons
and vessels can congregate and exercise
their First Amendment free speech
rights safely and without interference
from or 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. The
Voluntary First Amendment Area has
been located to allow individuals a
meaningful opportunity to be heard.
Individuals that desire to exercise their
First Amendment rights are asked
utilize the designated area to the extent
possible, however, its use is voluntary.
Individuals that desire to exercise their
First Amendment rights outside the
designated area are requested to contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate their activities so that their
message can be heard, 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
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will 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
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
does not create an environmental risk to
health or risk to safety that may
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 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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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 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
and a regulated navigation area to deal
with an emergency situation that 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.
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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.T13–289 to read as
follows:
■
§ 165.T13–289 Safety Zones and Regulated
Navigation Area; Shell Arctic Drilling/
Exploration Vessels and Associated
Voluntary First Amendment Area, Puget
Sound, WA.
(a) Safety zones—(1) Location. The
following areas are designated as safety
zones:
(i) 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,
BLUE MARLIN, POLAR PIONEER,
AIVIQ, FENNICA, NORDICA, ROSS
CHOUEST, TOR VIKING, OCEAN
WIND, OCEAN WAVE, HARVEY
SISUAQ, HARVEY CHAMPION,
HARVEY SUPPORTER, HARVEY
EXPLORER, NANUQ, GUARDSMAN,
KLAMATH, PT OLIKTOK, ARCTIC
ENDEAVOR, CORBIN FOSS, ACS,
ARCTIC CHALLENGER, ARCTIC SEAL,
CROWLEY DIANA G, LAUREN FOSS,
TUUQ, BARBARA FOSS, AMERICAN
TRADER, and any other vessel actively
engaged in towing or escorting those
vessels.
(ii) All waters within 100 yards of the
following vessels while moored or
anchored 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, BLUE MARLIN, POLAR
PIONEER, AIVIQ, FENNICA, NORDICA,
ROSS CHOUEST, TOR VIKING, OCEAN
WIND, OCEAN WAVE, HARVEY
SISUAQ, HARVEY CHAMPION,
HARVEY SUPPORTER, HARVEY
EXPLORER, NANUQ, GUARDSMAN,
KLAMATH, PT OLIKTOK, ARCTIC
ENDEAVOR, CORBIN FOSS, ACS,
ARCTIC CHALLENGER, ARCTIC SEAL,
CROWLEY DIANA G, LAUREN FOSS,
TUUQ, BARBARA FOSS, AMERICAN
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TRADER, and any other vessel actively
engaged in towing or escorting the listed
vessels.
(2) Regulations. In accordance with
the general regulations in subpart C of
this part, 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.
(b) Regulated navigation area—(1)
Location. The following area is
designated as a regulated navigation
area: All waters of Elliot Bay
encompassed by lines connecting the
following points located between
Seacrest Park and Terminal 5:
47°35′20.47″ N., 122°21′53.32″ W.;
thence south to 47°35′11.54″ N.,
122°21′53.24″ W.; thence west to
47°35′11.47″ N., 122°22′26.44″ W.;
thence north to 47°35′20.47″ N.,
122°22′26.40″ W.; thence back to the
point of origin.
(2) Regulations. In accordance with
the general regulations in subpart B of
this part, persons or vessels desiring to
exercise their First Amendment right to
free speech regarding Royal Dutch
Shell’s Arctic drilling and exploration
operations may enter the regulated
navigation area at any time. All other
persons or vessels are advised to avoid
the regulated navigation area. When
inside the regulated navigation area, all
vessels must proceed at no wake speed
and with due regard for all other
persons and/or vessels inside the
regulated navigation area.
(c) Dates. This rule will be enforced
from April 15, 2015, through June 30,
2015.
Dated: April 15, 2015.
D.L. Cottrell,
Captain, U.S. Coast Guard, Acting
Commander, Thirteenth Coast Guard District.
[FR Doc. 2015–09858 Filed 4–27–15; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Rules and Regulations]
[Pages 23445-23448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09858]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0295]
RIN 1625-AA00; 1625-AA11
Safety Zones and Regulated Navigation Area; Shell Arctic
Drilling/Exploration Vessels and Associated Voluntary First Amendment
Area, 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
each vessel associated with Royal Dutch Shell's (Shell) planned Arctic
oil drilling and exploration operations, and any vessel actively
engaged in towing or escorting those vessels, while located in the U.S.
Territorial and Internal Waters of the Sector Puget Sound Captain of
the Port Zone. In addition, the Coast Guard is establishing a regulated
navigation area to designate a Voluntary First Amendment Area for
individuals that desire to exercise their First Amendment free speech
rights with regards to Shell's operations. The safety zones and
regulated navigation area created by this rule are necessary to ensure
the mutual safety of all waterways users including the specified
vessels and those individuals that desire to exercise their First
Amendment rights.
DATES: This rule is effective without actual notice from April 28, 2015
until June 30, 2015. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, April 15, 2015, until
April 28, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0295 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
[[Page 23446]]
email Lieutenant Matthew Beck, Waterways Management Division, Coast
Guard Sector Puget Sound; telephone (206) 217-6051, email
SectorPugetSoundWWM@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
A. Regulatory History and Information
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 since the regulation is immediately necessary to help
ensure the safety of all waterway users including the specified vessels
and those individuals that desire to exercise their First Amendment
rights and holding a notice and comment period at this time would delay
regulatory implementation beyond the arrival of the Shell contracted
vessel ``BLUE MARLIN'' and expected start of First Amendment activities
regarding Shell's operations, thereby increasing the safety risk to all
waterways users.
Current projections indicate that the BLUE MARLIN will arrive in
U.S. Territorial Waters in the vicinity of Puget Sound on or about
April 17, 2015. Of particular note, Greenpeace international members
boarded the BLUE MARLIN at sea without authorization. They have since
departed the vessel but may seek to re-board and subsequently remain
aboard when the vessel enters U.S. jurisdiction. Additionally,
environmental groups have announced an intention to form a ``kayak
flotilla'' in the Puget Sound to exercise their First Amendment rights
regarding Shell's operations in the region, making this regulation time
critical to helping ensure maritime safety.
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.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
Shell is planning Arctic oil drilling and exploration operations
for the spring and summer of 2015. In preparation for those operations,
it is staging a large number of vessels in the Puget Sound area.
Recently, it has come to the Coast Guard's attention that a significant
amount of First Amendment activity related to Shell's operations is
likely to occur in the Puget Sound. We also note that First Amendment
activity has already included the unauthorized boarding of a Shell
vessel on the high seas by Greenpeace members and the formation of a
``kayak flotilla'' in the Puget Sound to advocate against Shell's
operations in the region. Draft restrictions, vessel maneuvering
characteristics, and geographic/environmental conditions may constrain
the ability of large commercial vessels (the Shell-contracted vessels)
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. Furthermore,
while moored or at anchor the vessels will have ongoing operations
occurring onboard, some of which could pose a safety risk to other
maritime traffic, including, for example, the offloading of the POLAR
PIONEER from the BLUE MARLIN. The myriad of potential safety risks 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 Shell-contracted vessels are necessary to
ensure the safety of all waterways users.
Additionally, the Coast Guard believes that given the nature of the
First Amendment activity expected and the likely type of vessels used
by individuals desiring to express their First Amendment rights, namely
kayaks and other small vessels, a regulated navigation area designating
a Voluntary First Amendment Area is necessary to ensure the safety of
those vessels and persons. The regulated navigation area encompassing
the Voluntary First Amendment Area would do so by establishing it as a
``no wake'' area, which is particularly important for small boats such
as kayaks, to better enable persons and vessels to congregate and
exercise their First Amendment rights safely and without interference
from or interfering with other maritime traffic.
C. Discussion of the Final Rule
In this rule, the Coast Guard is establishing safety zones around
specified vessels related to Shell's Arctic oil drilling and
exploration operations, and a regulated navigation area for a Voluntary
Free Speech Area that will allow individuals a meaningful opportunity
to be heard in exercising their First Amendment rights while not
compromising the safety of maritime traffic or the individuals
exercising their First Amendment rights.
The safety zones are established in subsection (a) of this
temporary regulation. Per subsection (a)(1)(i), while transiting, the
safety zone around each of the vessels will encompass all waters within
500 yards of the vessel in all directions. Per subsection (a)(1)(ii),
while moored or anchored, the safety zone around each of the vessels
will encompass all waters within 100 yards of the vessel in all
directions. 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.
The Coast Guard is also establishing a regulated navigation area to
ensure the safety of individuals that desire to exercise their First
Amendment rights related to Shell's activities in subsection (b) of
this regulation. The Voluntary First Amendment Area is being
established in an area where we believe individuals will be able to
effectively communicate their message, without posing an undue risk to
maritime safety, after analyzing maritime traffic patterns and other
environmental factors as well as meeting with some groups who have
expressed a desire to exercise their First Amendment rights. The
regulated navigation area encompassing the Voluntary First Amendment
Area will ensure the safety of small boats by establishing it as a ``no
wake'' area for persons and/or vessels to congregate
[[Page 23447]]
and exercise their First Amendment rights safely and without
interference from or interfering with other maritime traffic. The ``no
wake'' provisions will ensure all interactions between vessels within
the area occur at a low rate of speed, thereby reducing risk of
collision and personal injury. Likewise, the designation of a Voluntary
First Amendment Area will help to ensure that a large congregation of
vessels does not impede or endanger other commercial and recreational
users who are not associated with Shell's arctic drilling and
exploration operations or the associated First Amendment activity.
These provisions are particularly vital given the expected presence
of the ``kayak flotilla'' described above. Persons or vessels desiring
to exercise their First Amendment rights to free speech regarding
Shell's Arctic drilling and exploration operations may enter the
regulated navigation area at any time. All other persons or vessels are
advised to avoid the regulated navigation area. When inside the
regulated navigation area, all vessels must proceed at ``no wake''
speed and with due regard for all other persons and/or vessels inside
the regulated navigation area.
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 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 and regulated
navigation area are limited in both size and duration and any person
and/or vessel needing to transit through the safety zones or regulated
navigation area may be allowed to do so in accordance with the
regulatory provisions.
2. 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 and
regulated navigation areas are in effect. The safety zones and
regulated navigation areas will not have a significant economic impact
on a substantial number of small entities, however, because the safety
zones and regulated navigation area are limited in both size and
duration and any person and/or vessel needing to transit through the
safety zones or regulated navigation area may be allowed to do so in
accordance with the regulatory provisions.
3. Assistance for Small Entities
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,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a 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. First Amendment Activities
The Coast Guard respects the First Amendment rights of all
individuals. This regulation establishes a regulated navigation area to
create a Voluntary First Amendment Area so that persons and vessels can
congregate and exercise their First Amendment free speech rights safely
and without interference from or 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. The Voluntary First
Amendment Area has been located to allow individuals a meaningful
opportunity to be heard. Individuals that desire to exercise their
First Amendment rights are asked utilize the designated area to the
extent possible, however, its use is voluntary. Individuals that desire
to exercise their First Amendment rights outside the designated area
are requested to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate their activities so that
their message can be heard, 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 will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will 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
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 does not create an
environmental risk to health or risk to safety that may
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 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.
12. Energy Effects
This action 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 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 and a regulated navigation area to deal with an emergency
situation that 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.
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.T13-289 to read as follows:
Sec. 165.T13-289 Safety Zones and Regulated Navigation Area; Shell
Arctic Drilling/Exploration Vessels and Associated Voluntary First
Amendment Area, Puget Sound, WA.
(a) Safety zones--(1) Location. The following areas are designated
as safety zones:
(i) 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, BLUE MARLIN, POLAR PIONEER, AIVIQ, FENNICA, NORDICA,
ROSS CHOUEST, TOR VIKING, OCEAN WIND, OCEAN WAVE, HARVEY SISUAQ, HARVEY
CHAMPION, HARVEY SUPPORTER, HARVEY EXPLORER, NANUQ, GUARDSMAN, KLAMATH,
PT OLIKTOK, ARCTIC ENDEAVOR, CORBIN FOSS, ACS, ARCTIC CHALLENGER,
ARCTIC SEAL, CROWLEY DIANA G, LAUREN FOSS, TUUQ, BARBARA FOSS, AMERICAN
TRADER, and any other vessel actively engaged in towing or escorting
those vessels.
(ii) All waters within 100 yards of the following vessels while
moored or anchored 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, BLUE MARLIN, POLAR PIONEER, AIVIQ, FENNICA,
NORDICA, ROSS CHOUEST, TOR VIKING, OCEAN WIND, OCEAN WAVE, HARVEY
SISUAQ, HARVEY CHAMPION, HARVEY SUPPORTER, HARVEY EXPLORER, NANUQ,
GUARDSMAN, KLAMATH, PT OLIKTOK, ARCTIC ENDEAVOR, CORBIN FOSS, ACS,
ARCTIC CHALLENGER, ARCTIC SEAL, CROWLEY DIANA G, LAUREN FOSS, TUUQ,
BARBARA FOSS, AMERICAN TRADER, and any other vessel actively engaged in
towing or escorting the listed vessels.
(2) Regulations. In accordance with the general regulations in
subpart C of this part, 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.
(b) Regulated navigation area--(1) Location. The following area is
designated as a regulated navigation area: All waters of Elliot Bay
encompassed by lines connecting the following points located between
Seacrest Park and Terminal 5: 47[deg]35'20.47'' N., 122[deg]21'53.32''
W.; thence south to 47[deg]35'11.54'' N., 122[deg]21'53.24'' W.; thence
west to 47[deg]35'11.47'' N., 122[deg]22'26.44'' W.; thence north to
47[deg]35'20.47'' N., 122[deg]22'26.40'' W.; thence back to the point
of origin.
(2) Regulations. In accordance with the general regulations in
subpart B of this part, persons or vessels desiring to exercise their
First Amendment right to free speech regarding Royal Dutch Shell's
Arctic drilling and exploration operations may enter the regulated
navigation area at any time. All other persons or vessels are advised
to avoid the regulated navigation area. When inside the regulated
navigation area, all vessels must proceed at no wake speed and with due
regard for all other persons and/or vessels inside the regulated
navigation area.
(c) Dates. This rule will be enforced from April 15, 2015, through
June 30, 2015.
Dated: April 15, 2015.
D.L. Cottrell,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2015-09858 Filed 4-27-15; 8:45 am]
BILLING CODE 9110-04-P
