[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39689-39691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16740]
[[Page 39689]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0267]
RIN 1625-AA00
Safety Zone--Oil Exploration Staging Area in Goodhope Bay;
Kotzebue Sound, AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones in the
Port of Goodhope Bay, Alaska, and adjacent U.S. territorial sea on July
1 and October 15, 2015. The temporary safety zones will encompass the
navigable waters within a 25-yard radius of moored or anchored offshore
exploration or support vessels, and the navigable waters within a 100-
yard radius of underway offshore exploration or support vessels. The
purpose of the safety zones are to protect persons and vessels during
an unusually high volume of vessel traffic in the Port of Goodhope Bay
and the adjacent territorial sea due to additional vessel traffic
associated with exploratory drilling operations in the Chukchi and
Beaufort seas during the summer of 2015.
DATES: This rule is effective without actual notice from July 10, 2015
until October 15, 2015. For the purposes of enforcement, actual notice
will be used from July 1, 2015, until July 10, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0267]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Eugene Chung, Sector Anchorage
Prevention, Coast Guard; telephone 907-428-4189, Email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
On May 1, 2015, we published a notice of proposed rulemaking (NPRM)
entitled Safety Zones: Oil Exploration Staging Area in Goodhope Bay,
Kotzebue Sound, AK in the Federal Register. We received one letter
commenting on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
Based on information provided by private entities affiliated with
oil exploration activities, the Coast Guard anticipates approximately
eleven vessels associated with exploratory drilling operations will
call upon the Port of Goodhope Bay, Alaska, en route to proposed
drilling sites in the Chukchi and Beaufort. The addition of these
vessels in conjunction with the high volume of traffic operating within
the Port of Goodhope Bay creates a safety risk for all vessels
operating therein. Such risks include reduced ability to navigate
safely within the congested waterways of the port during the subject
time period.
The vessels and equipment anticipated to be staged within these
areas, due to their size and technical complexity, pose a safety risk
to vessels that attempt to navigate too closely to them. Limited rescue
capabilities are available in the area. In evaluating whether a safety
zone would be appropriate, the Coast Guard explored relevant safety
factors and considered several criteria, including, but not limited to:
(1) The amount of commercial activity in and around the Port of
Goodhope Bay; (2) safety concerns for personnel aboard the vessels; (3)
sensitivity of the environment in the region and potential adverse
affects caused by a grounding, allision, or collision; (4) the types
and volume of vessels navigating in the vicinity of the Port of
Goodhope Bay; and (5) the need to allow for lawful demonstrations
without endangering the safe operations of support vessels. Vessels
transiting in the vicinity of the proposed safety zones could consist
of large commercial shipping vessels, fishing vessels, tugs and tows,
and recreational vessels. Any group or individual intending to conduct
lawful demonstrations in the vicinity of offshore exploration support
vessels must do so outside of the temporary safety zones. Results from
a thorough and comprehensive examination of the five criteria
identified above, in conjunction with International Maritime
Organization guidelines and existing regulations, warrant establishment
of safety zones to ensure safe and efficient vessel transits within the
Port of Goodhope Bay and the adjacent territorial sea. These safety
zones will facilitate safe navigation and protect vessels from hazards
caused by increased volume of vessel traffic, including hazards that
may be intentionally created, in the Port of Goodhope Bay.
C. Discussion of Comments and the Final Rule
For the reasons described above, the Coast Guard is finalizing a
temporary safety zone due to safety concerns for personnel aboard the
support vessels, mariners operating other vessels in the vicinity of
Goodhope Bay, and to protect the environment. The regulation will
significantly reduce the threat of collisions, allisions, or other
incidents which could endanger the safety of all vessels operating on
the navigable waters of the Port of Goodhope Bay and the adjacent
territorial sea. The Coast Guard is establishing temporary safety zones
that will prohibit entry into the zones unless specifically authorized
by the Captain of the Port, Western Alaska, or his designated on-scene
representative.
The temporary safety zones will encompass the waters within 25
yards of the support vessel if the support vessel is moored or at
anchor, and 100 yards if the support vessel is in transit. They are in
effect from July 1 through October 15, in order to encompass the
expected period of operations.
D. Regulatory Analyses
We developed this temporary final rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order
[[Page 39690]]
13563. The Office of Management and Budget has not reviewed it under
those Orders. The safety zone will have negligible economic impact, as
there will be ample room for navigation around it.
2. Impact on Small Entities
This rule is not a significant regulatory action due to the minimal
impact this will have on standard vessel operations within the Port of
Goodhope Bay because of the limited area affected and the limited
duration of the rule. The safety zones are also designed to allow
vessels transiting through the area to safely travel around the safety
zones without incurring additional costs.
The Regulatory Flexibility Act of 1980 (RFA), (5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule could affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit through or anchor in within a portion of the Port of Dutch
Harbor or adjacent waters, from June 15, 2015 to July 15, 2015.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: These
safety zone restrictions are only effective from July 1, 2015 to
October 15, 2015, and are limited only to waters within 25 yards of the
support vessel if the support vessel is moored or at anchor, and 100
yards if the support vessel is in transit. The Coast Guard will publish
a local notice to mariners (LNM) and will issue broadcast notice to
mariners (BNM) alerts via marine channel 16 VHF before the safety zone
is enforced.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. Specifically, the rule involves
establishing a safety zone, which is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this temporary
final rule. An environmental analysis checklist and a categorical
exclusion determination are available in the
[[Page 39691]]
NPRM docket where indicated under Supporting Documents.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1
0
2. Add Sec. 165.T17-0267 to read as follows:
Sec. 165.T17-0267 Safety Zone; Port of Goodhope Bay; Goodhope Bay,
Alaska.
(a) Location. The following areas are safety zones:
(1) All navigable waters within a 25-yard radius of a moored or
anchored offshore exploration or support vessel, or within a 100-yard
radius of any underway offshore exploration or support vessel, located
within the Port of Goodhope Bay, to the limits of the U.S. territorial
sea.
(2) [Reserved]
(b) Effective date. The temporary safety zones become effective at
12:01 a.m., July 1, 2015, and terminate on 11:59 p.m., October 15,
2015, unless sooner terminated by the Captain of the Port.
(c) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply to all vessels operating within the
area described in paragraph (a).
(1) If a non-exploration or support vessel is moored or anchored
and an offshore exploration or support vessel transits near them such
that it places the moored or anchored vessel within the 100-yard safety
zone described in paragraph (a) of this section, the moored or anchored
vessel must remain stationary until the offshore exploration or support
vessel maneuvers to a distance exceeding the 100-yard safety zone.
(2) All persons and vessels shall comply with the instructions of
the Captain of the Port (COTP) or designated on-scene representative,
consisting of commissioned, warrant, and petty officers of the Coast
Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed by the COTP's designated on-scene representative.
(3) Entry into the safety zone is prohibited unless authorized by
the COTP or his designated on-scene representative. Any persons
desiring to enter the safety zone must contact the designated on-scene
representative on VHF channel 16 (156.800 MHz) and receive permission
prior to entering.
(4) If permission is granted to transit within the safety zone, all
persons and vessels must comply with the instructions of the designated
on-scene representative.
(5) The COTP, Western Alaska, will notify the maritime and general
public by marine information broadcast during the period of time that
the safety zones are in force by providing notice in accordance with 33
CFR 165.7.
(d) Penalties. Persons and vessels violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: June 3, 2015.
S.D. Montoya,
Commander, U.S. Coast Guard, Acting Captain of the Port, Western
Alaska.
[FR Doc. 2015-16740 Filed 7-9-15; 8:45 am]
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