80 FR 23445 - Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 81 (April 28, 2015)

Page Range		23445-23448
FR Document		2015-09858
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.
Federal Register, Volume 80 Issue 81 (Tuesday, April 28, 2015)
[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Rules and Regulations]
[Pages 23445-23448]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09858]


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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.

-----------------------------------------------------------------------

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 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 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.

[[Page 23448]]

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
Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Rules and Regulations 23447

and exercise their First Amendment potential impact of regulations on small 5. Federalism
rights safely and without interference entities during rulemaking. The term A rule has implications for federalism
from or interfering with other maritime ‘‘small entities’’ comprises small under Executive Order 13132,
traffic. The ‘‘no wake’’ provisions will businesses, not-for-profit organizations Federalism, if it has a substantial direct
ensure all interactions between vessels that are independently owned and effect on the States, on the relationship
within the area occur at a low rate of operated and are not dominant in their between the national government and
speed, thereby reducing risk of collision fields, and governmental jurisdictions the States, or on the distribution of
and personal injury. Likewise, the with populations of less than 50,000. power and responsibilities among the
designation of a Voluntary First The Coast Guard certifies under 5 U.S.C. various levels of government. We have
Amendment Area will help to ensure 605(b) that this rule will not have a analyzed this rule under that Order and
that a large congregation of vessels does significant economic impact on a determined that this rule does not have
not impede or endanger other substantial number of small entities. implications for federalism.
commercial and recreational users who This rule will affect the following
are not associated with Shell’s arctic entities, some of which may be small 6. First Amendment Activities
drilling and exploration operations or entities: the owners or operators of The Coast Guard respects the First
the associated First Amendment vessels intending to transit the affected Amendment rights of all individuals.
activity. waterways when the safety zones and This regulation establishes a regulated
These provisions are particularly vital regulated navigation areas are in effect. navigation area to create a Voluntary
given the expected presence of the The safety zones and regulated First Amendment Area so that persons
‘‘kayak flotilla’’ described above. navigation areas will not have a and vessels can congregate and exercise
Persons or vessels desiring to exercise significant economic impact on a their First Amendment free speech
their First Amendment rights to free substantial number of small entities, rights safely and without interference
speech regarding Shell’s Arctic drilling however, because the safety zones and from or interfering with other maritime
and exploration operations may enter regulated navigation area are limited in traffic. Of particular note, large vessels
the regulated navigation area at any both size and duration and any person operating in restricted waters cannot
time. All other persons or vessels are and/or vessel needing to transit through maneuver freely, nor can they stop
advised to avoid the regulated the safety zones or regulated navigation immediately. As such, any First
navigation area. When inside the area may be allowed to do so in Amendment activity taking place in
regulated navigation area, all vessels accordance with the regulatory immediate proximity to such vessels
must proceed at ‘‘no wake’’ speed and provisions. can quickly result in extremis. The
with due regard for all other persons Voluntary First Amendment Area has
and/or vessels inside the regulated 3. Assistance for Small Entities been located to allow individuals a
navigation area. Under section 213(a) of the Small meaningful opportunity to be heard.
D. Regulatory Analyses Business Regulatory Enforcement Individuals that desire to exercise their
Fairness Act of 1996 (Pub. L. 104–121), First Amendment rights are asked
We developed this rule after we want to assist small entities in utilize the designated area to the extent
considering numerous statutes and understanding this rule. If the rule possible, however, its use is voluntary.
executive orders related to rulemaking. would affect your small business, Individuals that desire to exercise their
Below we summarize our analyses organization, or governmental First Amendment rights outside the
based on these statutes and executive jurisdiction and you have questions designated area are requested to contact
orders. concerning its provisions or options for the person listed in the FOR FURTHER
1. Regulatory Planning and Review compliance, please contact the person INFORMATION CONTACT section to
listed in the FOR FURTHER INFORMATION coordinate their activities so that their
This rule is not a significant message can be heard, without
regulatory action under section 3(f) of CONTACT, above.
jeopardizing the safety or security of
Executive Order 12866, Regulatory Small businesses may send comments
people, places, or vessels.
Planning and Review, as supplemented on the actions of Federal employees
by Executive Order 13563, Improving who enforce, or otherwise determine 7. Unfunded Mandates Reform Act
Regulation and Regulatory Review, and compliance with, Federal regulations to The Unfunded Mandates Reform Act
does not require an assessment of the Small Business and Agriculture of 1995 (2 U.S.C. 1531–1538) requires
potential costs and benefits under Regulatory Enforcement Ombudsman Federal agencies to assess the effects of
section 6(a)(3) of Executive Order 12866 and the Regional Small Business their discretionary regulatory actions. In
or under section 1 of Executive Order Regulatory Fairness Boards. The particular, the Act addresses actions
13563. The Office of Management and Ombudsman evaluates these actions that may result in the expenditure by a
Budget has not reviewed it under those annually and rates each agency’s State, local, or tribal government, in the
Orders. This rule is not a significant responsiveness to small business. If you aggregate, or by the private sector of
regulatory action as the safety zones and wish to comment on actions by $100,000,000 (adjusted for inflation) or
regulated navigation area are limited in employees of the Coast Guard, call 1– more in any one year. Though this rule
both size and duration and any person 888–REG–FAIR (1–888–734–3247). The will not result in such expenditure, we
and/or vessel needing to transit through Coast Guard will not retaliate against do discuss the effects of this rule
the safety zones or regulated navigation small entities that question or complain elsewhere in this preamble.
area may be allowed to do so in about this rule or any policy or action
mstockstill on DSK4VPTVN1PROD with RULES

of the Coast Guard. 8. Taking of Private Property
accordance with the regulatory
provisions. This rule will not cause a taking of
4. Collection of Information
private property or otherwise have
2. Impact on Small Entities This rule will not call for a new taking implications under Executive
The Regulatory Flexibility Act of 1980 collection of information under the Order 12630, Governmental Actions and
(RFA), 5 U.S.C. 601–612, as amended, Paperwork Reduction Act of 1995 (44 Interference with Constitutionally
requires federal agencies to consider the U.S.C. 3501–3520). Protected Property Rights.

VerDate Sep<11>2014 16:35 Apr 27, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.SGM 28APR1
23448 Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Rules and Regulations

9. Civil Justice Reform List of Subjects in 33 CFR Part 165 TRADER, and any other vessel actively
This rule meets applicable standards Harbors, Marine safety, Navigation engaged in towing or escorting the listed
in sections 3(a) and 3(b)(2) of Executive (water), Reporting and recordkeeping vessels.
Order 12988, Civil Justice Reform, to requirements, Security measures, (2) Regulations. In accordance with
minimize litigation, eliminate Waterways. the general regulations in subpart C of
ambiguity, and reduce burden. For the reasons discussed in the this part, no persons or vessels may
10. Protection of Children preamble, the Coast Guard amends 33 enter these safety zones unless
CFR part 165 as follows: authorized by the Captain of the Port,
We have analyzed this rule under
Puget Sound or his designated
Executive Order 13045, Protection of PART 165—REGULATED NAVIGATION
Children from Environmental Health representative. To request permission to
AREAS AND LIMITED ACCESS AREAS enter one of these safety zones contact
Risks and Safety Risks. This rule is not
an economically significant rule and the Joint Harbor Operations Center at
■ 1. The authority citation for part 165
does not create an environmental risk to continues to read as follows: 206–217–6001, or the on-scene Law
health or risk to safety that may Enforcement patrol craft, if any, via
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; VHF–FM CH 16. If permission for entry
disproportionately affect children. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
into one of these safety zones is granted,
11. Indian Tribal Governments vessels must proceed at a minimum
No. 0170.1.
This rule does not have tribal speed for safe navigation.
implications under Executive Order ■ 2. Add § 165.T13–289 to read as
(b) Regulated navigation area—(1)
13175, Consultation and Coordination follows:
Location. The following area is
with Indian Tribal Governments,
because it does not have a substantial § 165.T13–289 Safety Zones and Regulated designated as a regulated navigation
Navigation Area; Shell Arctic Drilling/ area: All waters of Elliot Bay
direct effect on one or more Indian Exploration Vessels and Associated
tribes, on the relationship between the encompassed by lines connecting the
Voluntary First Amendment Area, Puget following points located between
Federal Government and Indian tribes, Sound, WA.
or on the distribution of power and Seacrest Park and Terminal 5:
(a) Safety zones—(1) Location. The 47°35′20.47″ N., 122°21′53.32″ W.;
responsibilities between the Federal following areas are designated as safety
Government and Indian tribes. thence south to 47°35′11.54″ N.,
zones: 122°21′53.24″ W.; thence west to
12. Energy Effects (i) All waters within 500 yards of the
47°35′11.47″ N., 122°22′26.44″ W.;
This action is not a ‘‘significant following vessels while transiting
thence north to 47°35′20.47″ N.,
energy action’’ under Executive Order within the U.S. Territorial or Internal
Waters of the Sector Puget Sound 122°22′26.40″ W.; thence back to the
13211, Actions Concerning Regulations point of origin.
That Significantly Affect Energy Supply, Captain of the Port Zone as defined in
33 CFR 3.65–10: NOBLE DISCOVERER, (2) Regulations. In accordance with
Distribution, or Use.
BLUE MARLIN, POLAR PIONEER, the general regulations in subpart B of
13. Technical Standards AIVIQ, FENNICA, NORDICA, ROSS this part, persons or vessels desiring to
This rule does not use technical CHOUEST, TOR VIKING, OCEAN exercise their First Amendment right to
standards. Therefore, we did not WIND, OCEAN WAVE, HARVEY free speech regarding Royal Dutch
consider the use of voluntary consensus SISUAQ, HARVEY CHAMPION, Shell’s Arctic drilling and exploration
standards. HARVEY SUPPORTER, HARVEY operations may enter the regulated
EXPLORER, NANUQ, GUARDSMAN, navigation area at any time. All other
14. Environment KLAMATH, PT OLIKTOK, ARCTIC persons or vessels are advised to avoid
We have analyzed this rule under ENDEAVOR, CORBIN FOSS, ACS, the regulated navigation area. When
Department of Homeland Security ARCTIC CHALLENGER, ARCTIC SEAL, inside the regulated navigation area, all
Management Directive 023–01 and CROWLEY DIANA G, LAUREN FOSS, vessels must proceed at no wake speed
Commandant Instruction M16475.lD, TUUQ, BARBARA FOSS, AMERICAN and with due regard for all other
which guide the Coast Guard in TRADER, and any other vessel actively
persons and/or vessels inside the
complying with the National engaged in towing or escorting those
regulated navigation area.
Environmental Policy Act of 1969 vessels.
(NEPA)(42 U.S.C. 4321–4370f), and (ii) All waters within 100 yards of the (c) Dates. This rule will be enforced
have determined that this action is one following vessels while moored or from April 15, 2015, through June 30,
of a category of actions that do not anchored within the U.S. Territorial or 2015.
individually or cumulatively have a Internal Waters of the Sector Puget Dated: April 15, 2015.
significant effect on the human Sound Captain of the Port Zone as D.L. Cottrell,
environment. This rule involves the defined in 33 CFR 3.65–10: NOBLE
establishment of temporary safety zones DISCOVERER, BLUE MARLIN, POLAR Captain, U.S. Coast Guard, Acting
Commander, Thirteenth Coast Guard District.
and a regulated navigation area to deal PIONEER, AIVIQ, FENNICA, NORDICA,
with an emergency situation that is one ROSS CHOUEST, TOR VIKING, OCEAN [FR Doc. 2015–09858 Filed 4–27–15; 8:45 am]
week or longer in duration. This rule is WIND, OCEAN WAVE, HARVEY BILLING CODE 9110–04–P
categorically excluded from further SISUAQ, HARVEY CHAMPION,
mstockstill on DSK4VPTVN1PROD with RULES

review under paragraph 34(g) of Figure HARVEY SUPPORTER, HARVEY
2–1 of the Commandant Instruction. An EXPLORER, NANUQ, GUARDSMAN,
environmental analysis checklist KLAMATH, PT OLIKTOK, ARCTIC
supporting this determination and a ENDEAVOR, CORBIN FOSS, ACS,
Categorical Exclusion Determination are ARCTIC CHALLENGER, ARCTIC SEAL,
available in the docket where indicated CROWLEY DIANA G, LAUREN FOSS,
under ADDRESSES. TUUQ, BARBARA FOSS, AMERICAN

VerDate Sep<11>2014 16:35 Apr 27, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4700 Sfmt 9990 E:\FR\FM\28APR1.SGM 28APR1
Document Created: 2015-12-16 08:35:54
Document Modified: 2015-12-16 08:35:54
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
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.
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 [email protected] If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation		80 FR 23445
RIN Number		1625-AA00 and 1625-AA11
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
80 FR 23445 - Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 81 (April 28, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
