Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA, Extension, 42388-42392 [2015-17615]
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations
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. This rule
involves the establishment of a safety
zone around an OCS Facility to protect
life, property and the marine
environment. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. The
environmental analysis checklist
supporting this determination and
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety,
Navigation (water).
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
PART 147—SAFETY ZONES
1. The authority citation for part 147
continues to read as follows:
■
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
and Department of Homeland Security
Delegation No. 0170.1.
■
2. Add § 147.861 to read as follows:
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§ 147.861 Interim Big Foot TLP
Construction Site safety zone.
(a) Description. The Big Foot Tension
Leg Platform (TLP) construction site is
in the deepwater area of the Gulf of
Mexico at Walker Ridge 29. The Big
Foot TLP construction site outermost
points are located at:
NW Corner 26–56–18.85 N, 090–31–
26.44 W
NE Corner 26–56–18.85 N, 090–30–
53.06 W
SE Corner 26–55–46.76 N, 090–30–
53.06 W
SW Corner 26–55–46.76 N, 090–31–
26.44 W,
and the area within 500 meters of the
construction site’s outermost points, is a
safety zone.
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(b) Regulation. No vessel may enter or
remain in this safety zone except the
following:
(1) An attending vessel;
(2) A vessel authorized by the
Commander, Eighth Coast Guard
District or a designated representative.
Dated: June 3, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2015–17620 Filed 7–16–15; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2015–0530]
RIN 1625–AA00
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone—
Chicago Air and Water Show
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Chicago Air and
Water Show on a portion of Lake
Michigan, on August 13, 2015 through
August 18, 2015. This action is
necessary and intended to ensure safety
of life on the navigable waters of the
United States immediately prior to,
during, and immediately after the air
and water show. During the
enforcement period listed below, the
Coast Guard will enforce restrictions
upon, and control movement of, vessels
in the safety zone. No person or vessel
may enter the safety zone while it is
being enforced without permission of
the Captain of the Port Lake Michigan.
DATES: The regulations in 33 CFR
165.929 will be enforced for safety zone
(f)(10), Table 33 CFR 165.929, on August
13, 2015, through August 18, 2015, from
8:30 a.m. until 5:00 p.m. on each day.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email LT Lindsay Cook,
Waterways Management Division,
Marine Safety Unit Chicago, at 630–
986–2155, email address D09–DG–
MSUChicago-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone;
Chicago Air and Water Show listed as
item (f)(10) in Table 165.929 of 33 CFR
165.929. Section 165.929 lists many
SUMMARY:
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annual events requiring safety zones in
the Captain of the Port Lake Michigan
zone. This safety zone encompasses all
waters and adjacent shoreline of Lake
Michigan and Chicago Harbor bounded
by a line drawn from 41°55.900′ N at the
shoreline, then east to 41°55.900′ N,
087°37.200′ W, then southeast to
41°54.000′ N, 087°36.000′ W, then
southwestward to the northeast corner
of the Jardine Water Filtration Plant,
then due west to the shore. This zone
will be enforced on August 13, 2015,
through August 18, 2015, from 8:30 a.m.
until 5:00 p.m. on each day.
All vessels must obtain permission
from the Captain of the Port Lake
Michigan, or a designated on-scene
representative to enter, move within, or
exit this safety zone. Requests must be
made in advance and approved by the
Captain of the Port before transits will
be authorized. Approvals will be
granted on a case by case basis. Vessels
and persons granted permission to enter
the safety zone shall obey all lawful
orders or directions of the Captain of the
Port Lake Michigan, or his or her onscene representative.
This document is issued under
authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety
zones in the Captain of the Port Lake
Michigan zone, and 5 U.S.C. 552(a). In
addition to this publication in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via Broadcast Notice to Mariners
or Local Notice to Mariners. The
Captain of the Port Lake Michigan, or a
designated on-scene representative may
be contacted via VHF Channel 16 during
the event.
Dated: June 16, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2015–17614 Filed 7–16–15; 8:45 am]
BILLING CODE 9110–04–P
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, Extension
AGENCY:
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Coast Guard, DHS.
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations
ACTION:
Temporary final rule.
The Coast Guard is extending
the temporary safety zones and
regulated navigation area that were
previously established because the
departure of several of the vessels
associated with Royal Dutch Shell’s
(Shell) planned Arctic oil drilling and
exploration operations have been
delayed. The safety zones and regulated
navigation area extended 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 July 17, 2015 through
July 31, 2015. For purposes of
enforcement, the rule is effective with
actual notice from July 1, 2015 through
July 17, 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
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:
SUMMARY:
Table of Acronyms
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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
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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 departure of
the last Shell contracted vessel and
expected First Amendment activities
regarding Shell’s operations, thereby
increasing the safety risk to all
waterways users.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For reasons identical to those
described above, delaying the effective
date until 30 days after publication
would be impracticable since the
regulation is immediately necessary to
help ensure the safety of all waterway
users.
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; 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.
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. There has been a
significant amount of First Amendment
activity related to Shell’s operations in
the Puget Sound during the last month
including the formation of a ‘‘kayak
flotilla’’ used to exercise the
participating individuals First
Amendment rights regarding Shell’s
operations in the region. Among other
activities, the ‘‘kayak flotilla’’ attempted
to block the POLAR PIONEER’s
departure from Seattle, Washington.
Also, Greenpeace International members
conducted an unauthorized boarding of
a Shell contracted vessel on the high
seas. Draft restrictions, vessel
maneuvering characteristics, and
geographic/environmental conditions
may constrain the ability of large
commercial vessels (the Shellcontracted vessels) to maneuver in close
quarters with other vessels, particularly
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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. 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.
This rule is extending the rule
established at 33 Code of Federal
Regulations (CFR) § 165.T13–289 as
published in the Federal Register (80
FR 23445) due to the fact that the
departure from the Puget Sound of
several of the vessels associated with
Shell’s planned Arctic oil drilling and
exploration operations have been
delayed.
C. Discussion of the Final Rule
In this rule, the Coast Guard is
extending the temporary safety zones
and regulated navigation area
established at 33 CFR 165.T13–289 as
published in the Federal Register (80
FR 23445).
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
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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
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.
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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
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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
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section to
coordinate their activities so that their
message can be heard, without
jeopardizing the safety or security of
people, places, or vessels.
INTFORMATION CONTACT
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.
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.
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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
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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
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, Extension.
(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
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42391
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 33 CFR part
165 Subpart C, 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 33 CFR part
165 Subpart B, 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
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42392
Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations
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 July 1, 2015 through July 31, 2015.
Dated: June 29, 2015.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2015–17615 Filed 7–16–15; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 501
Revisions to the Requirements for
Authority To Manufacture and
Distribute Postage Evidencing
Systems
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is revising
the rules concerning authorization to
manufacture and distribute postage
evidencing systems to reflect new
revenue assurance practices.
DATES: Effective: July 17, 2015.
FOR FURTHER INFORMATION CONTACT:
Marlo Kay Ivey, Business Systems
Analyst, Payment Technology, U.S.
Postal Service, (202) 268–7613
SUPPLEMENTARY INFORMATION: On April
23, 2015, the United States Postal
Service published a proposed rule to
amend 39 CFR part 501 to support the
automated revenue assurance program
currently in development. (See, 80 FR
22661). Comments were received from
two industry stakeholders. The first
comment generally supported the
proposed rule as written. The second
comment suggested that the proposed
rule should be clarified to apply only to
PC Postage systems, and not postage
meters. Further, it suggested that the
proposal inadequately addressed the
cost burden that would be imposed on
PC Postage providers, and should
provide additional detail regarding
account suspension processes,
adjustments for overpayment of postage,
and the role of the PC Postage provider
in the dispute resolution process.
The Postal Service believes that the
rule as proposed is appropriately
written to encompass all postage
evidencing systems. While initial
automated collection efforts will be
facilitated by PC Postage vendors, all
customers should pay postage
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:58 Jul 16, 2015
Jkt 235001
accurately, regardless of the postage
technology they elect to use. As
automated solutions become available
for the various postage evidencing
systems USPS will coordinate
implementation plans with the parties
concerned. Current manual efforts
employed by the Postal Service to
collect proper postage are costly and
inefficient. An automated approach will
reduce costs and improve overall
recovery efforts. The costs of program
administration will be acknowledged
and considered as the USPS establishes
operative recovery thresholds and
certain other program related business
rules. Account suspension, however, is
already specifically addressed in postal
regulations not modified by this
proposal (see, 39 CFR 501.6), and we see
no current need for further clarifications
in these regulations. We further believe
that the proposed rule as written (in
conjunction with current 39 CFR 501.11
and 501.12) appropriately discusses PC
Postage provider participation in the
dispute process. The Postal Service is
working diligently to ensure the quality
and accuracy of postage evidencing data
using automated process controls, and
may elect to make such adjustments to
our rules in the future as are required to
achieve that end. At this time, however,
we believe it is appropriate to publish
this final rule.
List of Subjects in 39 CFR Part 501
Administrative practice and
procedure.
Accordingly, for the reasons stated, 39
CFR part 501 is amended as follows:
PART 501—AUTHORIZATION TO
MANUFACTURE AND DISTRIBUTE
POSTAGE EVIDENCING SYSTEMS
1. The authority citation for 39 CFR
part 501 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 410, 2601, 2605, Inspector
General Act of 1978, as amended (Pub. L. 95–
452, as amended); 5 U.S.C. App. 3.
2. In § 501.1, revise paragraph (g) to
read as follows:
■
§ 501.1
Definitions.
*
*
*
*
*
(g) A customer is a person or entity
authorized by the Postal Service to use
a Postage Evidencing System as an end
user in accordance with Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
including 604 Postage Payment Methods
and Refunds, 4.0 Postage Meters and PC
Postage Products (Postage Evidencing
Systems).
■ 3. In § 501.2, revise paragraph (d) to
read as follows:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
§ 501.2 Postage Evidencing System
Provider authorization.
*
*
*
*
*
(d) Approval shall be based upon
satisfactory evidence of the applicant’s
integrity and financial responsibility,
commitment to comply with the Postal
Service’s revenue assurance practices as
outlined in section 501.16, and a
determination that disclosure to the
applicant of Postal Service customer,
financial, or other data of a commercial
nature necessary to perform the function
for which approval is sought would be
appropriate and consistent with good
business practices within the meaning
of 39 U.S.C. 410(c)(2). The Postal
Service may condition its approval
upon the applicant’s agreement to
undertakings that would give the Postal
Service appropriate assurance of the
applicant’s ability to meet its obligations
under this section, including but not
limited to the method and manner of
performing certain financial, security,
and servicing functions and the need to
maintain sufficient financial reserves to
guarantee uninterrupted performance of
not less than 3 months of operation.
*
*
*
*
*
■ 4. In § 501.16 add paragraph (i) to read
as follows:
§ 501.16 PC postage payment
methodology.
*
*
*
*
*
(i) Revenue Assurance. To operate PC
Postage systems, the provider must
support business practices to assure
Postal Service revenue and accurate
payment from customers. Specifically,
the provider is required to notify the
customer and adjust the balance in the
postage evidencing system or otherwise
facilitate postage corrections to address
any postage discrepancies as directed by
the Postal Service, subject to the
applicable notification periods and
dispute mechanisms available to
customers for these corrections. The
Postal Service will supply the provider
with the necessary detail to justify the
correction and amount of the postage
correction to be used in the adjustment
process. The provider must supply
customers with visibility into the
identified postage correction, facilitate a
payment adjustment from the customer
in the amount equivalent to the
identified postage discrepancies to the
extent possible, and enable customers to
submit electronic disputes of such
postage discrepancies to the Postal
Service. Further if the Customer does
not have funds sufficient to cover the
amount of the discrepancies or the
postage discrepancies have not been
resolved, the provider may be required
to temporarily suspend or permanently
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Rules and Regulations]
[Pages 42388-42392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17615]
-----------------------------------------------------------------------
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, Extension
AGENCY: Coast Guard, DHS.
[[Page 42389]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the temporary safety zones and
regulated navigation area that were previously established because the
departure of several of the vessels associated with Royal Dutch Shell's
(Shell) planned Arctic oil drilling and exploration operations have
been delayed. The safety zones and regulated navigation area extended
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 July 17, 2015
through July 31, 2015. For purposes of enforcement, the rule is
effective with actual notice from July 1, 2015 through July 17, 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 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 departure of the last Shell
contracted vessel and expected First Amendment activities regarding
Shell's operations, thereby increasing the safety risk to all waterways
users.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For reasons identical to those
described above, delaying the effective date until 30 days after
publication would be impracticable since the regulation is immediately
necessary to help ensure the safety of all waterway users.
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; 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.
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. There
has been a significant amount of First Amendment activity related to
Shell's operations in the Puget Sound during the last month including
the formation of a ``kayak flotilla'' used to exercise the
participating individuals First Amendment rights regarding Shell's
operations in the region. Among other activities, the ``kayak
flotilla'' attempted to block the POLAR PIONEER's departure from
Seattle, Washington. Also, Greenpeace International members conducted
an unauthorized boarding of a Shell contracted vessel on the high seas.
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. 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.
This rule is extending the rule established at 33 Code of Federal
Regulations (CFR) Sec. 165.T13-289 as published in the Federal
Register (80 FR 23445) due to the fact that the departure from the
Puget Sound of several of the vessels associated with Shell's planned
Arctic oil drilling and exploration operations have been delayed.
C. Discussion of the Final Rule
In this rule, the Coast Guard is extending the temporary safety
zones and regulated navigation area established at 33 CFR 165.T13-289
as published in the Federal Register (80 FR 23445).
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
[[Page 42390]]
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 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
[[Page 42391]]
INTFORMATION CONTACT section to coordinate their activities so that
their message can be heard, without jeopardizing the safety or security
of people, places, or vessels.
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.
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, Extension.
(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 33
CFR part 165 Subpart C, 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 33
CFR part 165 Subpart B, 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
[[Page 42392]]
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 July 1, 2015 through
July 31, 2015.
Dated: June 29, 2015.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2015-17615 Filed 7-16-15; 8:45 am]
BILLING CODE 9110-04-P
