80 FR 24866 - Safety Zone-Oil Exploration Staging Area in Dutch Harbor, AK
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 84 (May 1, 2015)
Coast Guard
Federal Register Volume 80, Issue 84 (May 1, 2015)
| Page Range | 24866-24869 | |
| FR Document | 2015-10216 |
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)] [Proposed Rules] [Pages 24866-24869] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10216] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0246] RIN 1625-AA00 Safety Zone--Oil Exploration Staging Area in Dutch Harbor, AK AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes temporary safety zones in the Port of Dutch Harbor, Broad Bay, and adjacent navigable waters in the Dutch Harbor area on June 15, 2015. The temporary safety zones would encompass the navigable waters within a 25-yard radius of moored or anchored offshore exploration or support vessels, and the navigable waters within a 100-yard radius of underway offshore exploration or support vessels. The purpose of the safety zones is to protect persons and vessels during an unusually high volume of vessel traffic in the Port of Dutch Harbor, and the adjacent territorial sea due to additional vessel traffic associated with exploratory drilling operations in the Chukchi and Beaufort seas during the summer of 2015. Lawful demonstrations are permitted outside of the temporary safety zones so long as they do not endanger the safety of vessels either moored or anchored within the port, transiting through the port, or transiting through the adjacent waters of the territorial sea. DATES: Comments and related material must be received by the Coast Guard on or before June 1, 2015. ADDRESSES: You may submit comments identified by docket number USCG- 2015-0246 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202-493-2251. (3) Mail or Delivery: Docket Management Facility, Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Heikki Laukkanen, Sector Anchorage Prevention, Coast Guard; telephone 907-428-4186, 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 A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting [[Page 24867]] comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, (USCG-2015-0246), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0246] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated with this rulemaking. http://www.regulations.gov, click on the ``submit a comment'' box, which will then become highlighted in blue. In the ``Document Type'' drop down menu select ``Proposed Rule'' and insert ``USCG-2015-0246'' in the ``Keyword'' box. Click ``Search'' then click on the balloon shape in the ``Actions'' column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type http://www.regulations.gov, click on the docket number in the ``SEARCH'' box insert ``USCG-2015-0246'' and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. ``in the ``Actions'' column. 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. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting The Coast Guard does not now plan to hold a public meeting you may submit a request for one using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information Similar safety zones were implemented in previous years when oil exploration equipment was staged in Dutch Harbor, most recently in 2012. C. Basis and Purpose It is anticipated that vessels associated with exploratory drilling operations will call upon the Port of Dutch Harbor en route to proposed drilling sites in the Chukchi and Beaufort Seas. Based on information provided by private entities affiliated with oil exploration activities, the Coast Guard anticipates approximately 28 exploration or support vessels will call on Dutch Harbor during the period of time that the temporary safety zones are in effect. The addition of these vessels in conjunction with the high volume of traffic operating within the Port of Dutch Harbor 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. To address these risks, the Coast Guard is proposing safety zones to ensure safe and efficient vessel transits within the Port of Dutch Harbor and the adjacent territorial sea. The increased maritime traffic through the Port of Dutch Harbor and the adjacent territorial sea can potentially create a scenario where the safety of vessels transiting through this area is placed at heightened risk. Based on the expectation of increased maritime traffic, the Coast Guard believes temporary safety zones are needed to address safety concerns for personnel aboard the support vessels, mariners operating other vessels in the vicinity of Dutch Harbor, and to protect the environment. The vessels and equipment anticipated to be staged within these 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 an effort to mitigate the safety risks and any resulting environmental damage, the Coast Guard is proposing temporary safety zones within the Port of Dutch Harbor and the adjacent territorial sea. Enforcing temporary safety zones for each offshore exploration or support vessel while they are on the navigable waters in the Port of Dutch Harbor or the adjacent territorial sea will help ensure the safety of all vessels, including the diverse commercial fleets of Dutch Harbor. In evaluating this request, the Coast Guard explored relevant safety factors and considered several criteria, including, but not limited to: (1) The amount of commercial activity in and around the Port of Dutch Harbor; (2) safety concerns for personnel aboard the vessels; (3) sensitivity of the environment in the region and potential adverse affects caused by a grounding, allision, or collision; (4) the types and volume of vessels navigating in the vicinity of the Port of Dutch Harbor; and (5) the need to allow for lawful demonstrations without endangering the safe operations of support vessels. Vessels transiting in the vicinity of the 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 temporary safety zones. These would significantly reduce the threat of [[Page 24868]] collisions, allisions, or other incidents which could endanger the safety of all vessels operating on the navigable waters of the Port of Dutch Harbor and the adjacent territorial sea. D. Discussion of Proposed Rule For the reasons described above, the Coast Guard is proposing temporary safety zones that would surround the designated vessels while at anchor, moored or underway on the navigable waters of the Port of Dutch Harbor and the adjacent territorial sea in order to mitigate the potential safety risks associated with the increased vessel traffic. The proposed temporary safety zones would 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. The proposed temporary safety zones would be located around moored or moving vessels in the Port of Dutch Harbor, Broad Bay or adjacent navigable waters encompassed within the area from Cape Cheerful at 54- 001 N 166-38.000 W, north to the limits of the U.S. territorial sea at 54-13.000 N 166-38.000 W, and from Princess Head at 53-59.000 N 166- 25.900 W, north to the limits of the U.S. territorial sea at 54-12.619 N 166-25.883 W. The proposed temporary safety zones would prohibit entry into the zones unless specifically authorized by the Captain of the Port, Western Alaska, or his designated on-scene representative. The zones would be in effect from June 15 through July 1 to accommodate the expected arrival of the vessels. E. Regulatory Analyses We developed this proposed 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 proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The safety zone will have negligible economic impact, as there will be ample room for navigation around it. 2. Impact on Small Entities The proposed rule is not a significant regulatory action due to the minimal impact this will have on standard vessel operations within the port of Dutch Harbor because of the limited area affected and the limited duration of the rule. The proposed safety zones are also designed to allow vessels transiting through the area to safely travel around the proposed 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 proposed rule will not have a significant economic impact on a substantial number of small entities. This proposed 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 June 15, 2015, to July 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. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rulemaking would economically affect it. 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 proposed rule. If the rulemaking 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed 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 proposed rule under that Order and determined that this rulemaking 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rulemaking elsewhere in this preamble. 8. Taking of Private Property This proposed 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 proposed 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. [[Page 24869]] 10. Protection of Children From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed 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 proposed 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 proposed rule. 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 proposes to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS. 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T17-0246 to read as follows: Sec. 165.T17-0246 Safety Zone; Port of Dutch Harbor; Dutch Harbor, Alaska. (a) Location. The following areas are safety zones: (1) All navigable waters within a 25-yard radius of a moored or anchored offshore exploration or support vessel, or within a 100-yard radius of any underway offshore exploration or support vessel, located within the Port of Dutch Harbor, Broad Bay or adjacent navigable waters encompassed within the area from Cape Cheerful at 54-001 N 166-38.000 W, north to the limits of the U.S. territorial sea at 54-13.000 N 166- 38.000 W, and from Princess Head at 53-59.000 N 166-25.900 W, north to the limits of the U.S. territorial sea at 54-12.619 N 166-25.883 W. (b) Effective date. The temporary safety zones become effective at 12:01 a.m., June 15, 2015, and terminate on 11:59 p.m., July 1, 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), 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: April 14, 2015. Paul Mehler, III, Captain, U.S. Coast Guard, Captain of the Port, Western Alaska. [FR Doc. 2015-10216 Filed 4-30-15; 8:45 am] BILLING CODE 9110-04-P
![24866 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Proposed Rules
13045, Protection of Children from PART 147—SAFETY ZONES navigable waters within a 25-yard
Environmental Health Risks and Safety radius of moored or anchored offshore
Risks. This rule is not an economically ■ 1. The authority citation for part 147 exploration or support vessels, and the
significant rule and would not create an continues to read as follows: navigable waters within a 100-yard
environmental risk to health or risk to Authority: 14 U.S.C. 85; 43 U.S.C. 1333; radius of underway offshore exploration
safety that might disproportionately Department of Homeland Security Delegation or support vessels. The purpose of the
affect children. No. 0170.1. safety zones is to protect persons and
■ 2. Add § 147.T17–0247 to read as vessels during an unusually high
11. Indian Tribal Governments follows: volume of vessel traffic in the Port of
This proposed rule does not have Dutch Harbor, and the adjacent
§ 147.T17–0247 Safety Zone; DRILL UNIT territorial sea due to additional vessel
tribal implications under Executive POLAR PIONEER, Outer Continental Shelf traffic associated with exploratory
Order 13175, Consultation and Drillship, Chukchi Sea, Alaska.
drilling operations in the Chukchi and
Coordination with Indian Tribal (a) Description. The DRILL UNIT Beaufort seas during the summer of
Governments, because it would not have POLAR PIONEER will be engaged in 2015. Lawful demonstrations are
a substantial direct effect on one or exploratory drilling operations at permitted outside of the temporary
more Indian tribes, on the relationship various locations in the Chukchi Sea safety zones so long as they do not
between the Federal Government and from July 1, 2015 through October 31, endanger the safety of vessels either
Indian tribes, or on the distribution of 2015. The DRILL UNIT POLAR moored or anchored within the port,
power and responsibilities between the PIONEER will be anchored while transiting through the port, or transiting
Federal Government and Indian tribes. conducting exploratory drilling through the adjacent waters of the
12. Energy Effects operations with the center point of the territorial sea.
vessel located in various locations in the DATES: Comments and related material
The Coast Guard analyzed this Chukchi Sea. The area that extends 500 must be received by the Coast Guard on
proposed rule under Executive Order meters from the outer edge of the DRILL or before June 1, 2015.
13211, Actions Concerning Regulations UNIT POLAR PIONEER, as well as 500 ADDRESSES: You may submit comments
That Significantly Affect Energy Supply, meters from those points, suitably identified by docket number USCG–
Distribution, or Use. marked by a buoy, where the DRILL 2015–0246 using any one of the
UNIT POLAR PIONEER’s mooring following methods:
13. Technical Standards spread meets the ocean’s surface is a (1) Federal eRulemaking Portal:
safety zone. Lawful demonstrations may http://www.regulations.gov.
This proposed rule does not use
be conducted outside of the safety zone. (2) Fax: 202–493–2251.
technical standards. Therefore, we did
(b) Regulation. No vessel may enter or (3) Mail or Delivery: Docket
not consider the use of voluntary
remain in this safety zone except the Management Facility, Department of
consensus standards.
following: Transportation, West Building Ground
14. Environment (1) An attending vessel; or Floor, Room W12–140, 1200 New Jersey
(2) A vessel authorized by the Avenue SE., Washington, DC 20590–
We have analyzed this proposed rule Commander, Seventeenth Coast Guard 0001. Deliveries accepted between 9
under Department of Homeland District, or a designated representative. a.m. and 5 p.m., Monday through
Security Management Directive 023–01 Friday, except federal holidays. The
Dated: April 8, 2015.
and Commandant Instruction telephone number is 202–366–9329.
Daniel B. Abel,
M16475.lD, which guide the Coast See the ‘‘Public Participation and
Guard in complying with the National Rear Admiral, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District.
Request for Comments’’ portion of the
Environmental Policy Act of 1969 SUPPLEMENTARY INFORMATION section
[FR Doc. 2015–10259 Filed 4–30–15; 8:45 am]
(NEPA) (42 U.S.C. 4321–4370f), and below for further instructions on
BILLING CODE 9110–04–P
have made a preliminary determination submitting comments. To avoid
that this action is one of a category of duplication, please use only one of
actions that do not individually or these three methods.
DEPARTMENT OF HOMELAND
cumulatively have a significant effect on FOR FURTHER INFORMATION CONTACT: If
SECURITY
the human environment. A preliminary you have questions on this rule, call or
environmental analysis checklist Coast Guard email LT Heikki Laukkanen, Sector
supporting this determination is Anchorage Prevention, Coast Guard;
available in the docket where indicated 33 CFR Part 165 telephone 907–428–4186, email
under ADDRESSES. We seek any Heikki.J.Laukkanen@uscg.mil. If you
comments or information that may lead [Docket Number USCG–2015–0246] have questions on viewing or submitting
to the discovery of a significant RIN 1625–AA00 material to the docket, call Cheryl
environmental impact from this Collins, Program Manager, Docket
proposed rule. This rule is categorically Safety Zone—Oil Exploration Staging Operations, telephone 202–366–9826.
excluded from further review under Area in Dutch Harbor, AK SUPPLEMENTARY INFORMATION:
paragraph 34(g) of Figure 2–1 of the
Coast Guard, DHS. Table of Acronyms
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Commandants Instruction. AGENCY:
ACTION: Notice of proposed rulemaking. DHS Department of Homeland Security
List of Subjects in 33 CFR Part 147 FR Federal Register
SUMMARY: The Coast Guard proposes NPRM Notice of Proposed Rulemaking
Continental shelf, Marine safety, temporary safety zones in the Port of
Navigation (water). Dutch Harbor, Broad Bay, and adjacent A. Public Participation and Request for
For the reasons discussed in the navigable waters in the Dutch Harbor Comments
preamble, the Coast Guard proposes to area on June 15, 2015. The temporary We encourage you to participate in
amend 33 CFR part 147 as follows: safety zones would encompass the this rulemaking by submitting
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![Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Proposed Rules 24867
comments and related materials. All www.regulations.gov, click on the within the Port of Dutch Harbor and the
comments received will be posted docket number in the ‘‘SEARCH’’ box adjacent territorial sea. The increased
without change to http:// insert ‘‘USCG–2015–0246’’ and click maritime traffic through the Port of
www.regulations.gov and will include ‘‘SEARCH.’’ Click on Open Docket Dutch Harbor and the adjacent
any personal information you have Folder on the line associated with this territorial sea can potentially create a
provided. rulemaking. ‘‘in the ‘‘Actions’’ column. scenario where the safety of vessels
You may also visit the Docket transiting through this area is placed at
1. Submitting Comments
Management Facility in Room W12–140 heightened risk.
If you submit a comment, please on the ground floor of the Department Based on the expectation of increased
include the docket number for this of Transportation West Building, 1200 maritime traffic, the Coast Guard
rulemaking, (USCG–2015–0246), New Jersey Avenue SE., Washington, believes temporary safety zones are
indicate the specific section of this DC 20590, between 9 a.m. and 5 p.m., needed to address safety concerns for
document to which each comment Monday through Friday, except Federal personnel aboard the support vessels,
applies, and provide a reason for each holidays. mariners operating other vessels in the
suggestion or recommendation. You vicinity of Dutch Harbor, and to protect
may submit your comments and 3. Privacy Act the environment. The vessels and
material online at http:// Anyone can search the electronic equipment anticipated to be staged
www.regulations.gov, or by fax, mail, or form of comments received into any of within these areas, due to their size and
hand delivery, but please use only one our dockets by the name of the technical complexity, pose a safety risk
of these means. If you submit a individual submitting the comment (or to vessels that attempt to navigate too
comment online via signing the comment, if submitted on closely to them. Limited rescue
www.regulations.gov, it will be behalf of an association, business, labor capabilities are available in the area. In
considered received by the Coast Guard union, etc.). You may review a Privacy an effort to mitigate the safety risks and
when you successfully transmit the Act notice regarding our public dockets any resulting environmental damage,
comment. If you fax, hand deliver, or in the January 17, 2008, issue of the the Coast Guard is proposing temporary
mail your comment, it will be Federal Register (73 FR 3316). safety zones within the Port of Dutch
considered as having been received by Harbor and the adjacent territorial sea.
the Coast Guard when it is received at 4. Public Meeting Enforcing temporary safety zones for
the Docket Management Facility. We The Coast Guard does not now plan each offshore exploration or support
recommend you include your name and to hold a public meeting you may vessel while they are on the navigable
a mailing address, an email address, or submit a request for one using one of the waters in the Port of Dutch Harbor or
a telephone number in the body of your methods specified under ADDRESSES. the adjacent territorial sea will help
document so that we can contact you if Please explain why you believe a public ensure the safety of all vessels,
we have questions regarding your meeting would be beneficial. If we including the diverse commercial fleets
submission. determine one would aid this of Dutch Harbor.
To submit your comment online, go to rulemaking, we will hold one at a time In evaluating this request, the Coast
http://www.regulations.gov, type the and place announced by a later notice Guard explored relevant safety factors
docket number [USCG–2015–0246] in in the Federal Register. and considered several criteria,
the ‘‘SEARCH’’ box and click including, but not limited to: (1) The
‘‘SEARCH.’’ Click on ‘‘Submit a B. Regulatory History and Information amount of commercial activity in and
Comment’’ on the line associated with Similar safety zones were around the Port of Dutch Harbor; (2)
this rulemaking. implemented in previous years when oil safety concerns for personnel aboard the
http://www.regulations.gov, click on exploration equipment was staged in vessels; (3) sensitivity of the
the ‘‘submit a comment’’ box, which Dutch Harbor, most recently in 2012. environment in the region and potential
will then become highlighted in blue. In adverse affects caused by a grounding,
C. Basis and Purpose
the ‘‘Document Type’’ drop down menu allision, or collision; (4) the types and
select ‘‘Proposed Rule’’ and insert It is anticipated that vessels volume of vessels navigating in the
‘‘USCG–2015–0246’’ in the ‘‘Keyword’’ associated with exploratory drilling vicinity of the Port of Dutch Harbor; and
box. Click ‘‘Search’’ then click on the operations will call upon the Port of (5) the need to allow for lawful
balloon shape in the ‘‘Actions’’ column. Dutch Harbor en route to proposed demonstrations without endangering the
If you submit your comments by mail or drilling sites in the Chukchi and safe operations of support vessels.
hand delivery, submit them in an Beaufort Seas. Based on information Vessels transiting in the vicinity of the
unbound format, no larger than 81⁄2 by provided by private entities affiliated proposed safety zones could consist of
11 inches, suitable for copying and with oil exploration activities, the Coast large commercial shipping vessels,
electronic filing. If you submit Guard anticipates approximately 28 fishing vessels, tugs and tows, and
comments by mail and would like to exploration or support vessels will call recreational vessels. Any group or
know that they reached the Facility, on Dutch Harbor during the period of individual intending to conduct lawful
please enclose a stamped, self-addressed time that the temporary safety zones are demonstrations in the vicinity of
postcard or envelope. We will consider in effect. The addition of these vessels offshore exploration support vessels
all comments and material received in conjunction with the high volume of must do so outside of the temporary
traffic operating within the Port of safety zones.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
during the comment period and may
change the rule based on your Dutch Harbor creates a safety risk for all Results from a thorough and
comments. vessels operating therein. Such risks comprehensive examination of the five
include reduced ability to navigate criteria identified above, in conjunction
2. Viewing Comments and Documents safely within the congested waterways with International Maritime
To view comments, as well as of the port during the subject time Organization guidelines and existing
documents mentioned in this preamble period. To address these risks, the Coast regulations, warrant establishment of
as being available in the docket, go to Guard is proposing safety zones to temporary safety zones. These would
http://www.regulations.gov, type http:// ensure safe and efficient vessel transits significantly reduce the threat of
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![Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Proposed Rules 24869
10. Protection of Children From For the reasons discussed in the (3) Entry into the safety zone is
Environmental Health Risks preamble, the Coast Guard proposes to prohibited unless authorized by the
amend 33 CFR part 165 as follows: COTP or his designated on-scene
We have analyzed this proposed rule
representative. Any persons desiring to
under Executive Order 13045, PART 165—REGULATED NAVIGATION enter the safety zone must contact the
Protection of Children from AREAS AND LIMITED ACCESS designated on-scene representative on
Environmental Health Risks and Safety AREAS. VHF channel 16 (156.800 MHz) and
Risks. This proposed rule is not an
receive permission prior to entering.
economically significant rule and would ■ 1. The authority citation for part 165 (4) If permission is granted to transit
not create an environmental risk to continues to read as follows: within the safety zone, all persons and
health or risk to safety that might Authority: 33 U.S.C. 1231; 50 U.S.C. 191; vessels must comply with the
disproportionately affect children. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; instructions of the designated on-scene
11. Indian Tribal Governments Department of Homeland Security Delegation representative.
No. 0170.1. (5) The COTP, Western Alaska, will
This proposed rule does not have ■ 2. Add § 165.T17–0246 to read as notify the maritime and general public
tribal implications under Executive follows: by marine information broadcast during
Order 13175, Consultation and
the period of time that the safety zones
Coordination with Indian Tribal § 165.T17–0246 Safety Zone; Port of Dutch
Harbor; Dutch Harbor, Alaska. are in force by providing notice in
Governments, because it would not have
accordance with 33 CFR 165.7.
a substantial direct effect on one or (a) Location. The following areas are
(d) Penalties. Persons and vessels
more Indian tribes, on the relationship safety zones:
violating this rule are subject to the
between the Federal Government and (1) All navigable waters within a 25-
penalties set forth in 33. U.S.C. 1232
Indian tribes, or on the distribution of yard radius of a moored or anchored
and 50 U.S.C. 192.
power and responsibilities between the offshore exploration or support vessel,
Federal Government and Indian tribes. or within a 100-yard radius of any Dated: April 14, 2015.
underway offshore exploration or Paul Mehler, III,
12. Energy Effects support vessel, located within the Port Captain, U.S. Coast Guard, Captain of the
This proposed rule is not a of Dutch Harbor, Broad Bay or adjacent Port, Western Alaska.
‘‘significant energy action’’ under navigable waters encompassed within [FR Doc. 2015–10216 Filed 4–30–15; 8:45 am]
Executive Order 13211, Actions the area from Cape Cheerful at 54–001 BILLING CODE 9110–04–P
Concerning Regulations That N 166–38.000 W, north to the limits of
Significantly Affect Energy Supply, the U.S. territorial sea at 54–13.000 N
Distribution, or Use. 166–38.000 W, and from Princess Head DEPARTMENT OF HOMELAND
at 53–59.000 N 166–25.900 W, north to SECURITY
13. Technical Standards
the limits of the U.S. territorial sea at
This proposed rule does not use 54–12.619 N 166–25.883 W. Coast Guard
technical standards. Therefore, we did (b) Effective date. The temporary
not consider the use of voluntary safety zones become effective at 12:01 33 CFR Part 165
consensus standards. a.m., June 15, 2015, and terminate on [Docket Number USCG–2015–0267]
11:59 p.m., July 1, 2015, unless sooner
14. Environment RIN 1625–AA00
terminated by the Captain of the Port.
We have analyzed this proposed rule (c) Regulations. The general
Safety Zone—Oil Exploration Staging
under Department of Homeland regulations governing safety zones
Area in Goodhope Bay; Kotzebue
Security Management Directive 023–01 contained in § 165.23 apply to all
Sound, AK
and Commandant Instruction vessels operating within the area
M16475.lD, which guide the Coast described in paragraph (a). AGENCY: Coast Guard, DHS.
Guard in complying with the National (1) If a non-exploration or support ACTION: Notice of proposed rulemaking.
Environmental Policy Act of 1969 vessel is moored or anchored and an
(NEPA) (42 U.S.C. 4321–4370f), and offshore exploration or support vessel SUMMARY: The Coast Guard proposes
have made a preliminary determination transits near them such that it places the temporary safety zones in the Port of
that this action is one of a category of moored or anchored vessel within the Goodhope Bay, Alaska, and adjacent
actions that do not individually or 100-yard safety zone described in U.S. territorial sea from 12:01 a.m. local
cumulatively have a significant effect on paragraph (a), the moored or anchored time on July 1, 2015, through 11:59 p.m.
the human environment. Specifically, vessel must remain stationary until the on October 15, 2015. The temporary
the proposed rule involves establishing offshore exploration or support vessel safety zones would encompass the
a safety zone, which is categorically maneuvers to a distance exceeding the navigable waters within a 25-yard
excluded from further review under 100-yard safety zone. radius of moored or anchored offshore
paragraph 34(g) of Figure 2–1 of the (2) All persons and vessels shall exploration or support vessels, and the
Commandant Instruction. We seek any comply with the instructions of the navigable waters within a 100-yard
comments or information that may lead Captain of the Port (COTP) or radius of underway offshore exploration
to the discovery of a significant designated on-scene representative, or support vessels. The purpose of the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
environmental impact from this consisting of commissioned, warrant, safety zones are to protect persons and
proposed rule. and petty officers of the Coast Guard. vessels during an unusually high
Upon being hailed by a U.S. Coast volume of vessel traffic in the Port of
List of Subjects in 33 CFR Part 165
Guard vessel by siren, radio, flashing Goodhope Bay, Alaska, and the adjacent
Harbors, Marine safety, Navigation light or other means, the operator of a territorial sea due to additional vessel
(water), Reporting and recordkeeping vessel shall proceed as directed by the traffic associated with exploratory
requirements, Security measures; COTP’s designated on-scene drilling operations in the Chukchi and
Waterways. representative. Beaufort seas during the summer of
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Document Created: 2018-02-21 10:20:44
Document Modified: 2018-02-21 10:20:44
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before June 1, 2015. | |
| Contact | If you have questions on this rule, call or email LT Heikki Laukkanen, Sector Anchorage Prevention, Coast Guard; telephone 907-428-4186, 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. | |
| FR Citation | 80 FR 24866 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Security Measures; Waterways |
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