80 FR 24869 - Safety Zone-Oil Exploration Staging Area in Goodhope Bay; Kotzebue Sound, 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 | 24869-24872 | |
| FR Document | 2015-10234 |
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)] [Proposed Rules] [Pages 24869-24872] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10234] ----------------------------------------------------------------------- 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: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes temporary safety zones in the Port of Goodhope Bay, Alaska, and adjacent U.S. territorial sea from 12:01 a.m. local time on July 1, 2015, through 11:59 p.m. on October 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 are to protect persons and vessels during an unusually high volume of vessel traffic in the Port of Goodhope Bay, Alaska, 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 [[Page 24870]] 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 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- 2015-0267 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 Heikki.J.Laukkanen@uscg.mil. 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 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-2015-0267), 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-2015-0267] 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-2015-0267'' 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-2015-0267'' 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 other locations in Alaska, most recently in 2012. C. 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 [[Page 24871]] 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 would 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. D. Discussion of Proposed Rule For the reasons described above, the Coast Guard is proposing 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 proposed regulation would 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 proposes 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 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. They would be in effect from July 1 through October 15, in order to encompass the expected period of operations. 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 Goodhope Bay 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 Goodhope Bay or adjacent waters, from July 1, 2015 to October 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. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this 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 rule 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 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. 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 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. [[Page 24872]] 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. 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 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. 0171.1. 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: 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. (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) of this section. (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 Sec. 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. 2015-10234 Filed 4-30-15; 8:45 am] BILLING CODE 9110-04-P
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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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2015. Lawful demonstrations are suggestion or recommendation. You 3. Privacy Act
permitted outside of the temporary may submit your comments and Anyone can search the electronic
safety zones so long as they do not material online at http:// form of comments received into any of
endanger the safety of vessels either www.regulations.gov, or by fax, mail, or our dockets by the name of the
moored or anchored within the port, hand delivery, but please use only one individual submitting the comment (or
transiting through the port, or through of these means. If you submit a signing the comment, if submitted on
the adjacent waters of the territorial sea. comment online via behalf of an association, business, labor
DATES: Comments and related material www.regulations.gov, it will be union, etc.). You may review a Privacy
must be received by the Coast Guard on considered received by the Coast Guard Act notice regarding our public dockets
or before June 1, 2015. when you successfully transmit the in the January 17, 2008, issue of the
comment. If you fax, hand deliver, or Federal Register (73 FR 3316).
ADDRESSES: You may submit comments
mail your comment, it will be
identified by docket number USCG– 4. Public Meeting
considered as having been received by
2015–0267 using any one of the
the Coast Guard when it is received at The Coast Guard does not now plan
following methods:
the Docket Management Facility. We to hold a public meeting; you may
(1) Federal eRulemaking Portal:
recommend you include your name and submit a request for one using one of the
http://www.regulations.gov.
a mailing address, an email address, or methods specified under ADDRESSES.
(2) Fax: 202–493–2251.
a telephone number in the body of your Please explain why you believe a public
(3) Mail or Delivery: Docket
document so that we can contact you if meeting would be beneficial. If we
Management Facility, Department of
we have questions regarding your determine one would aid this
Transportation, West Building Ground submission.
Floor, Room W12–140, 1200 New Jersey rulemaking, we will hold one at a time
To submit your comment online, go to and place announced by a later notice
Avenue SE., Washington, DC 20590– http://www.regulations.gov, type the
0001. Deliveries accepted between in the Federal Register.
docket number [USCG–2015–0267] in
9 a.m. and 5 p.m., Monday through the ‘‘SEARCH’’ box and click B. Regulatory History and Information
Friday, except federal holidays. The ‘‘SEARCH.’’ Click on ‘‘Submit a Similar safety zones were
telephone number is 202–366–9329. Comment’’ on the line associated with implemented in previous years when oil
See the ‘‘Public Participation and this rulemaking. exploration equipment was staged in
Request for Comments’’ portion of the http://www.regulations.gov, click on other locations in Alaska, most recently
SUPPLEMENTARY INFORMATION section the ‘‘submit a comment’’ box, which in 2012.
below for further instructions on will then become highlighted in blue. In
submitting comments. To avoid the ‘‘Document Type’’ drop down menu C. Basis and Purpose
duplication, please use only one of select ‘‘Proposed Rule’’ and insert Based on information provided by
these three methods. ‘‘USCG–2015–0267’’ in the ‘‘Keyword’’ private entities affiliated with oil
FOR FURTHER INFORMATION CONTACT: If box. Click ‘‘Search’’ then click on the exploration activities, the Coast Guard
you have questions on this rule, call or balloon shape in the ‘‘Actions’’ column. anticipates approximately eleven
email LT Heikki Laukkanen, Sector If you submit your comments by mail or vessels associated with exploratory
Anchorage Prevention, Coast Guard; hand delivery, submit them in an drilling operations will call upon the
telephone 907–428–4186, email unbound format, no larger than 81⁄2 by Port of Goodhope Bay, Alaska, en route
Heikki.J.Laukkanen@uscg.mil. If you 11 inches, suitable for copying and to proposed drilling sites in the Chukchi
have questions on viewing or submitting electronic filing. If you submit and Beaufort. The addition of these
material to the docket, call Cheryl comments by mail and would like to vessels in conjunction with the high
Collins, Program Manager, Docket know that they reached the Facility, volume of traffic operating within the
Operations, telephone 202–366–9826. please enclose a stamped, self-addressed Port of Goodhope Bay creates a safety
SUPPLEMENTARY INFORMATION: postcard or envelope. We will consider risk for all vessels operating therein.
all comments and material received Such risks include reduced ability to
Table of Acronyms during the comment period and may navigate safely within the congested
DHS Department of Homeland Security change the rule based on your waterways of the port during the subject
FR Federal Register comments. time period.
NPRM Notice of Proposed Rulemaking The vessels and equipment
2. Viewing Comments and Documents anticipated to be staged within these
A. Public Participation and Request for To view comments, as well as areas, due to their size and technical
Comments documents mentioned in this preamble complexity, pose a safety risk to vessels
We encourage you to participate in as being available in the docket, go to that attempt to navigate too closely to
this rulemaking by submitting http://www.regulations.gov, type http:// them. Limited rescue capabilities are
comments and related materials. All www.regulations.gov, click on the available in the area. In evaluating
comments received will be posted docket number in the ‘‘SEARCH’’ box whether a safety zone would be
without change to http:// insert ‘‘USCG–2015–0267’’ and click appropriate, the Coast Guard explored
www.regulations.gov and will include ‘‘SEARCH.’’ Click on Open Docket relevant safety factors and considered
any personal information you have Folder on the line associated with this several criteria, including, but not
rulemaking in the ‘‘Actions’’ column. limited to: (1) The amount of
mstockstill on DSK4VPTVN1PROD with PROPOSALS
provided.
You may also visit the Docket commercial activity in and around the
1. Submitting Comments Management Facility in Room W12–140 Port of Goodhope Bay; (2) safety
If you submit a comment, please on the ground floor of the Department concerns for personnel aboard the
include the docket number for this of Transportation West Building, 1200 vessels; (3) sensitivity of the
rulemaking (USCG–2015–0267), New Jersey Avenue SE., Washington, environment in the region and potential
indicate the specific section of this DC 20590, between 9 a.m. and 5 p.m., adverse affects caused by a grounding,
document to which each comment Monday through Friday, except Federal allision, or collision; (4) the types and
applies, and provide a reason for each holidays. volume of vessels navigating in the
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![24872 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Proposed Rules
8. Taking of Private Property the human environment. Specifically, Captain of the Port (COTP) or
This proposed rule would not cause a the proposed rule involves establishing designated on-scene representative,
taking of private property or otherwise a safety zone, which is categorically consisting of commissioned, warrant,
have taking implications under excluded from further review under and petty officers of the Coast Guard.
Executive Order 12630, Governmental paragraph 34(g) of Figure 2–1 of the Upon being hailed by a U.S. Coast
Actions and Interference with Commandant Instruction. We seek any Guard vessel by siren, radio, flashing
Constitutionally Protected Property comments or information that may lead light or other means, the operator of a
Rights. to the discovery of a significant vessel shall proceed as directed by the
environmental impact from this COTP’s designated on-scene
9. Civil Justice Reform proposed rule. representative.
This proposed rule meets applicable (3) Entry into the safety zone is
List of Subjects in 33 CFR Part 165
standards in sections 3(a) and 3(b)(2) of prohibited unless authorized by the
Executive Order 12988, Civil Justice Harbors, Marine safety, Navigation COTP or his designated on-scene
Reform, to minimize litigation, (water), Reporting and recordkeeping representative. Any persons desiring to
eliminate ambiguity, and reduce requirements, Security measures, enter the safety zone must contact the
burden. Waterways. designated on-scene representative on
For the reasons discussed in the VHF channel 16 (156.800 MHz) and
10. Protection of Children From preamble, the Coast Guard proposes to receive permission prior to entering.
Environmental Health Risks amend 33 CFR part 165 as follows: (4) If permission is granted to transit
We have analyzed this proposed rule within the safety zone, all persons and
under Executive Order 13045, PART 165—REGULATED NAVIGATION vessels must comply with the
Protection of Children from AREAS AND LIMITED ACCESS AREAS instructions of the designated on-scene
Environmental Health Risks and Safety representative.
Risks. This rule is not an economically ■ 1. The authority citation for part 165 (5) The COTP, Western Alaska, will
significant rule and would not create an continues to read as follows: notify the maritime and general public
environmental risk to health or risk to Authority: 33 U.S.C. 1231; 50 U.S.C. 191; by marine information broadcast during
safety that might disproportionately 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; the period of time that the safety zones
affect children. Department of Homeland Security Delegation are in force by providing notice in
No. 0171.1.
11. Indian Tribal Governments accordance with § 165.7.
■ 2. Add § 165.T17–0267 to read as (d) Penalties. Persons and vessels
This proposed rule does not have follows: violating this rule are subject to the
tribal implications under Executive penalties set forth in 33. U.S.C. 1232
§ 165.T17–0267 Safety Zone; Port of
Order 13175, Consultation and Goodhope Bay; Goodhope Bay, Alaska. and 50 U.S.C. 192.
Coordination with Indian Tribal
Governments, because it would not have (a) Location. The following areas are Dated: April 14, 2015.
a substantial direct effect on one or safety zones: All navigable waters Paul Mehler III,
more Indian tribes, on the relationship within a 25-yard radius of a moored or Captain, U.S. Coast Guard, Captain of the
between the Federal Government and anchored offshore exploration or Port, Western Alaska.
Indian tribes, or on the distribution of support vessel, or within a 100-yard [FR Doc. 2015–10234 Filed 4–30–15; 8:45 am]
power and responsibilities between the radius of any underway offshore BILLING CODE 9110–04–P
Federal Government and Indian tribes. exploration or support vessel, located
within the Port of Goodhope Bay, to the
12. Energy Effects limits of the U.S. territorial sea. ENVIRONMENTAL PROTECTION
This proposed rule is not a (b) Effective date. The temporary AGENCY
‘‘significant energy action’’ under safety zones become effective at 12:01
Executive Order 13211, Actions a.m., July 1, 2015, and terminate on 40 CFR Part 52
Concerning Regulations That 11:59 p.m., October 15, 2015, unless
sooner terminated by the Captain of the [EPA–R06–OAR–2015–0189; FRL–9927–12–
Significantly Affect Energy Supply, Region 6]
Distribution, or Use. Port.
(c) Regulations. The general Approval and Promulgation of
13. Technical Standards regulations governing safety zones Implementation Plans; Arkansas;
This proposed rule does not use contained in § 165.23 apply to all Regional Haze and Interstate Visibility
technical standards. Therefore, we did vessels operating within the area Transport Federal Implementation
not consider the use of voluntary described in paragraph (a) of this Plan; Extension of Comment Period
consensus standards. section. and Notice of Availability
(1) If a non-exploration or support
14. Environment vessel is moored or anchored and an AGENCY: Environmental Protection
We have analyzed this proposed rule offshore exploration or support vessel Agency (EPA).
under Department of Homeland transits near them such that it places the ACTION: Proposed rule; extension of
Security Management Directive 023–01 moored or anchored vessel within the comment period; availability of
and Commandant Instruction 100-yard safety zone described in
mstockstill on DSK4VPTVN1PROD with PROPOSALS
supplemental information.
M16475.lD, which guide the Coast paragraph (a) of this section, the moored
Guard in complying with the National or anchored vessel must remain SUMMARY: The Environmental Protection
Environmental Policy Act of 1969 stationary until the offshore exploration Agency (EPA) is extending the comment
(NEPA) (42 U.S.C. 4321–4370f), and or support vessel maneuvers to a period for a proposed rule to establish
have made a preliminary determination distance exceeding the 100-yard safety a Clean Air Act (CAA) Federal
that this action is one of a category of zone. Implementation Plan (FIP) to address
actions that do not individually or (2) All persons and vessels shall regional haze and visibility transport
cumulatively have a significant effect on comply with the instructions of the requirements for the State of Arkansas.
VerDate Sep<11>2014 16:34 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\01MYP1.SGM 01MYP1](https://thefederalregister.org/doc/80_FR_24953/page/4.svg)
Document Created: 2018-02-21 10:21:13
Document Modified: 2018-02-21 10:21:13
| 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 24869 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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