80_FR_39821 80 FR 39689 - Safety Zone-Oil Exploration Staging Area in Goodhope Bay; Kotzebue Sound, AK

80 FR 39689 - Safety Zone-Oil Exploration Staging Area in Goodhope Bay; Kotzebue Sound, AK

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 132 (July 10, 2015)

Page Range39689-39691
FR Document2015-16740

The Coast Guard is establishing temporary safety zones in the Port of Goodhope Bay, Alaska, and adjacent U.S. territorial sea on July 1 and October 15, 2015. The temporary safety zones will encompass the navigable waters within a 25-yard radius of moored or anchored offshore exploration or support vessels, and the navigable waters within a 100- yard radius of underway offshore exploration or support vessels. The purpose of the safety zones are to protect persons and vessels during an unusually high volume of vessel traffic in the Port of Goodhope Bay and the adjacent territorial sea due to additional vessel traffic associated with exploratory drilling operations in the Chukchi and Beaufort seas during the summer of 2015.

Federal Register, Volume 80 Issue 132 (Friday, July 10, 2015)
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39689-39691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16740]



[[Page 39689]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0267]
RIN 1625-AA00


Safety Zone--Oil Exploration Staging Area in Goodhope Bay; 
Kotzebue Sound, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary safety zones in the 
Port of Goodhope Bay, Alaska, and adjacent U.S. territorial sea on July 
1 and October 15, 2015. The temporary safety zones will encompass the 
navigable waters within a 25-yard radius of moored or anchored offshore 
exploration or support vessels, and the navigable waters within a 100-
yard radius of underway offshore exploration or support vessels. The 
purpose of the safety zones are to protect persons and vessels during 
an unusually high volume of vessel traffic in the Port of Goodhope Bay 
and the adjacent territorial sea due to additional vessel traffic 
associated with exploratory drilling operations in the Chukchi and 
Beaufort seas during the summer of 2015.

DATES: This rule is effective without actual notice from July 10, 2015 
until October 15, 2015. For the purposes of enforcement, actual notice 
will be used from July 1, 2015, until July 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0267]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Eugene Chung, Sector Anchorage 
Prevention, Coast Guard; telephone 907-428-4189, Email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 1, 2015, we published a notice of proposed rulemaking (NPRM) 
entitled Safety Zones: Oil Exploration Staging Area in Goodhope Bay, 
Kotzebue Sound, AK in the Federal Register. We received one letter 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

B. Basis and Purpose

    Based on information provided by private entities affiliated with 
oil exploration activities, the Coast Guard anticipates approximately 
eleven vessels associated with exploratory drilling operations will 
call upon the Port of Goodhope Bay, Alaska, en route to proposed 
drilling sites in the Chukchi and Beaufort. The addition of these 
vessels in conjunction with the high volume of traffic operating within 
the Port of Goodhope Bay creates a safety risk for all vessels 
operating therein. Such risks include reduced ability to navigate 
safely within the congested waterways of the port during the subject 
time period.
    The vessels and equipment anticipated to be staged within these 
areas, due to their size and technical complexity, pose a safety risk 
to vessels that attempt to navigate too closely to them. Limited rescue 
capabilities are available in the area. In evaluating whether a safety 
zone would be appropriate, the Coast Guard explored relevant safety 
factors and considered several criteria, including, but not limited to: 
(1) The amount of commercial activity in and around the Port of 
Goodhope Bay; (2) safety concerns for personnel aboard the vessels; (3) 
sensitivity of the environment in the region and potential adverse 
affects caused by a grounding, allision, or collision; (4) the types 
and volume of vessels navigating in the vicinity of the Port of 
Goodhope Bay; and (5) the need to allow for lawful demonstrations 
without endangering the safe operations of support vessels. Vessels 
transiting in the vicinity of the proposed safety zones could consist 
of large commercial shipping vessels, fishing vessels, tugs and tows, 
and recreational vessels. Any group or individual intending to conduct 
lawful demonstrations in the vicinity of offshore exploration support 
vessels must do so outside of the temporary safety zones. Results from 
a thorough and comprehensive examination of the five criteria 
identified above, in conjunction with International Maritime 
Organization guidelines and existing regulations, warrant establishment 
of safety zones to ensure safe and efficient vessel transits within the 
Port of Goodhope Bay and the adjacent territorial sea. These safety 
zones will facilitate safe navigation and protect vessels from hazards 
caused by increased volume of vessel traffic, including hazards that 
may be intentionally created, in the Port of Goodhope Bay.

C. Discussion of Comments and the Final Rule

    For the reasons described above, the Coast Guard is finalizing a 
temporary safety zone due to safety concerns for personnel aboard the 
support vessels, mariners operating other vessels in the vicinity of 
Goodhope Bay, and to protect the environment. The regulation will 
significantly reduce the threat of collisions, allisions, or other 
incidents which could endanger the safety of all vessels operating on 
the navigable waters of the Port of Goodhope Bay and the adjacent 
territorial sea. The Coast Guard is establishing temporary safety zones 
that will prohibit entry into the zones unless specifically authorized 
by the Captain of the Port, Western Alaska, or his designated on-scene 
representative.
    The temporary safety zones will encompass the waters within 25 
yards of the support vessel if the support vessel is moored or at 
anchor, and 100 yards if the support vessel is in transit. They are in 
effect from July 1 through October 15, in order to encompass the 
expected period of operations.

D. Regulatory Analyses

    We developed this temporary final rule after considering numerous 
statutes and executive orders related to rulemaking. Below we summarize 
our analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order

[[Page 39690]]

13563. The Office of Management and Budget has not reviewed it under 
those Orders. The safety zone will have negligible economic impact, as 
there will be ample room for navigation around it.

2. Impact on Small Entities

    This rule is not a significant regulatory action due to the minimal 
impact this will have on standard vessel operations within the Port of 
Goodhope Bay because of the limited area affected and the limited 
duration of the rule. The safety zones are also designed to allow 
vessels transiting through the area to safely travel around the safety 
zones without incurring additional costs.
    The Regulatory Flexibility Act of 1980 (RFA), (5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule could affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit through or anchor in within a portion of the Port of Dutch 
Harbor or adjacent waters, from June 15, 2015 to July 15, 2015.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: These 
safety zone restrictions are only effective from July 1, 2015 to 
October 15, 2015, and are limited only to waters within 25 yards of the 
support vessel if the support vessel is moored or at anchor, and 100 
yards if the support vessel is in transit. The Coast Guard will publish 
a local notice to mariners (LNM) and will issue broadcast notice to 
mariners (BNM) alerts via marine channel 16 VHF before the safety zone 
is enforced.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. Specifically, the rule involves 
establishing a safety zone, which is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this temporary 
final rule. An environmental analysis checklist and a categorical 
exclusion determination are available in the

[[Page 39691]]

NPRM docket where indicated under Supporting Documents.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1


0
2. Add Sec.  165.T17-0267 to read as follows:


Sec.  165.T17-0267  Safety Zone; Port of Goodhope Bay; Goodhope Bay, 
Alaska.

    (a) Location. The following areas are safety zones:
    (1) All navigable waters within a 25-yard radius of a moored or 
anchored offshore exploration or support vessel, or within a 100-yard 
radius of any underway offshore exploration or support vessel, located 
within the Port of Goodhope Bay, to the limits of the U.S. territorial 
sea.
    (2) [Reserved]
    (b) Effective date. The temporary safety zones become effective at 
12:01 a.m., July 1, 2015, and terminate on 11:59 p.m., October 15, 
2015, unless sooner terminated by the Captain of the Port.
    (c) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply to all vessels operating within the 
area described in paragraph (a).
    (1) If a non-exploration or support vessel is moored or anchored 
and an offshore exploration or support vessel transits near them such 
that it places the moored or anchored vessel within the 100-yard safety 
zone described in paragraph (a) of this section, the moored or anchored 
vessel must remain stationary until the offshore exploration or support 
vessel maneuvers to a distance exceeding the 100-yard safety zone.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port (COTP) or designated on-scene representative, 
consisting of commissioned, warrant, and petty officers of the Coast 
Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed by the COTP's designated on-scene representative.
    (3) Entry into the safety zone is prohibited unless authorized by 
the COTP or his designated on-scene representative. Any persons 
desiring to enter the safety zone must contact the designated on-scene 
representative on VHF channel 16 (156.800 MHz) and receive permission 
prior to entering.
    (4) If permission is granted to transit within the safety zone, all 
persons and vessels must comply with the instructions of the designated 
on-scene representative.
    (5) The COTP, Western Alaska, will notify the maritime and general 
public by marine information broadcast during the period of time that 
the safety zones are in force by providing notice in accordance with 33 
CFR 165.7.
    (d) Penalties. Persons and vessels violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 3, 2015.
S.D. Montoya,
Commander, U.S. Coast Guard, Acting Captain of the Port, Western 
Alaska.
[FR Doc. 2015-16740 Filed 7-9-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations                                         39689

                                                DEPARTMENT OF HOMELAND                                   Collins, Program Manager, Docket                      demonstrations in the vicinity of
                                                SECURITY                                                 Operations, telephone 202–366–9826.                   offshore exploration support vessels
                                                                                                         SUPPLEMENTARY INFORMATION:                            must do so outside of the temporary
                                                Coast Guard                                                                                                    safety zones. Results from a thorough
                                                                                                         Table of Acronyms                                     and comprehensive examination of the
                                                33 CFR Part 165                                          DHS Department of Homeland Security                   five criteria identified above, in
                                                                                                         FR Federal Register                                   conjunction with International Maritime
                                                [Docket Number USCG–2015–0267]                           NPRM Notice of Proposed Rulemaking                    Organization guidelines and existing
                                                                                                         TFR Temporary Final Rule                              regulations, warrant establishment of
                                                RIN 1625–AA00
                                                                                                         A. Regulatory History and Information                 safety zones to ensure safe and efficient
                                                Safety Zone—Oil Exploration Staging                                                                            vessel transits within the Port of
                                                Area in Goodhope Bay; Kotzebue                             On May 1, 2015, we published a                      Goodhope Bay and the adjacent
                                                Sound, AK                                                notice of proposed rulemaking (NPRM)                  territorial sea. These safety zones will
                                                                                                         entitled Safety Zones: Oil Exploration                facilitate safe navigation and protect
                                                AGENCY:    Coast Guard, DHS.                             Staging Area in Goodhope Bay,                         vessels from hazards caused by
                                                ACTION:   Temporary final rule.                          Kotzebue Sound, AK in the Federal                     increased volume of vessel traffic,
                                                                                                         Register. We received one letter                      including hazards that may be
                                                SUMMARY:    The Coast Guard is                           commenting on the proposed rule. No                   intentionally created, in the Port of
                                                establishing temporary safety zones in                   public meeting was requested, and none                Goodhope Bay.
                                                the Port of Goodhope Bay, Alaska, and                    was held.
                                                adjacent U.S. territorial sea on July 1                                                                        C. Discussion of Comments and the
                                                and October 15, 2015. The temporary                      B. Basis and Purpose                                  Final Rule
                                                safety zones will encompass the                             Based on information provided by                     For the reasons described above, the
                                                navigable waters within a 25-yard                        private entities affiliated with oil                  Coast Guard is finalizing a temporary
                                                radius of moored or anchored offshore                    exploration activities, the Coast Guard               safety zone due to safety concerns for
                                                exploration or support vessels, and the                  anticipates approximately eleven                      personnel aboard the support vessels,
                                                navigable waters within a 100-yard                       vessels associated with exploratory                   mariners operating other vessels in the
                                                radius of underway offshore exploration                  drilling operations will call upon the                vicinity of Goodhope Bay, and to protect
                                                or support vessels. The purpose of the                   Port of Goodhope Bay, Alaska, en route                the environment. The regulation will
                                                safety zones are to protect persons and                  to proposed drilling sites in the Chukchi             significantly reduce the threat of
                                                vessels during an unusually high                         and Beaufort. The addition of these                   collisions, allisions, or other incidents
                                                volume of vessel traffic in the Port of                  vessels in conjunction with the high                  which could endanger the safety of all
                                                Goodhope Bay and the adjacent                            volume of traffic operating within the                vessels operating on the navigable
                                                territorial sea due to additional vessel                 Port of Goodhope Bay creates a safety                 waters of the Port of Goodhope Bay and
                                                traffic associated with exploratory                      risk for all vessels operating therein.               the adjacent territorial sea. The Coast
                                                drilling operations in the Chukchi and                   Such risks include reduced ability to                 Guard is establishing temporary safety
                                                Beaufort seas during the summer of                       navigate safely within the congested                  zones that will prohibit entry into the
                                                2015.                                                    waterways of the port during the subject              zones unless specifically authorized by
                                                                                                         time period.                                          the Captain of the Port, Western Alaska,
                                                DATES:  This rule is effective without                      The vessels and equipment
                                                actual notice from July 10, 2015 until                                                                         or his designated on-scene
                                                                                                         anticipated to be staged within these
                                                October 15, 2015. For the purposes of                                                                          representative.
                                                                                                         areas, due to their size and technical                  The temporary safety zones will
                                                enforcement, actual notice will be used                  complexity, pose a safety risk to vessels
                                                from July 1, 2015, until July 10, 2015.                                                                        encompass the waters within 25 yards
                                                                                                         that attempt to navigate too closely to               of the support vessel if the support
                                                ADDRESSES: Documents mentioned in                        them. Limited rescue capabilities are
                                                this preamble are part of docket [USCG–                                                                        vessel is moored or at anchor, and 100
                                                                                                         available in the area. In evaluating                  yards if the support vessel is in transit.
                                                2015–0267]. To view documents                            whether a safety zone would be
                                                mentioned in this preamble as being                                                                            They are in effect from July 1 through
                                                                                                         appropriate, the Coast Guard explored                 October 15, in order to encompass the
                                                available in the docket, go to http://                   relevant safety factors and considered
                                                www.regulations.gov, type the docket                                                                           expected period of operations.
                                                                                                         several criteria, including, but not
                                                number in the ‘‘SEARCH’’ box and click                   limited to: (1) The amount of                         D. Regulatory Analyses
                                                ‘‘SEARCH.’’ Click on Open Docket                         commercial activity in and around the                   We developed this temporary final
                                                Folder on the line associated with this                  Port of Goodhope Bay; (2) safety                      rule after considering numerous statutes
                                                rulemaking. You may also visit the                       concerns for personnel aboard the                     and executive orders related to
                                                Docket Management Facility in Room                       vessels; (3) sensitivity of the                       rulemaking. Below we summarize our
                                                W12–140 on the ground floor of the                       environment in the region and potential               analyses based on a number of these
                                                Department of Transportation West                        adverse affects caused by a grounding,                statutes or executive orders.
                                                Building, 1200 New Jersey Avenue SE.,                    allision, or collision; (4) the types and
                                                Washington, DC 20590, between 9 a.m.                     volume of vessels navigating in the                   1. Regulatory Planning and Review
                                                and 5 p.m., Monday through Friday,                       vicinity of the Port of Goodhope Bay;                    This rule is not a significant
                                                except Federal holidays.                                 and (5) the need to allow for lawful                  regulatory action under section 3(f) of
                                                FOR FURTHER INFORMATION CONTACT: If                      demonstrations without endangering the                Executive Order 12866, Regulatory
mstockstill on DSK4VPTVN1PROD with RULES




                                                you have questions on this temporary                     safe operations of support vessels.                   Planning and Review, as supplemented
                                                rule, call or email LT Eugene Chung,                     Vessels transiting in the vicinity of the             by Executive Order 13563, Improving
                                                Sector Anchorage Prevention, Coast                       proposed safety zones could consist of                Regulation and Regulatory Review, and
                                                Guard; telephone 907–428–4189, Email                     large commercial shipping vessels,                    does not require an assessment of
                                                Eugene.Chung@uscg.mil. If you have                       fishing vessels, tugs and tows, and                   potential costs and benefits under
                                                questions on viewing or submitting                       recreational vessels. Any group or                    section 6(a)(3) of Executive Order 12866
                                                material to the docket, call Cheryl                      individual intending to conduct lawful                or under section 1 of Executive Order


                                           VerDate Sep<11>2014   16:28 Jul 09, 2015   Jkt 235001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\10JYR1.SGM   10JYR1


                                                39690                Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations

                                                13563. The Office of Management and                      the Small Business and Agriculture                    9. Civil Justice Reform
                                                Budget has not reviewed it under those                   Regulatory Enforcement Ombudsman                         This rule meets applicable standards
                                                Orders. The safety zone will have                        and the Regional Small Business                       in sections 3(a) and 3(b)(2) of Executive
                                                negligible economic impact, as there                     Regulatory Fairness Boards. The                       Order 12988, Civil Justice Reform, to
                                                will be ample room for navigation                        Ombudsman evaluates these actions                     minimize litigation, eliminate
                                                around it.                                               annually and rates each agency’s                      ambiguity, and reduce burden.
                                                2. Impact on Small Entities                              responsiveness to small business. If you
                                                                                                         wish to comment on actions by                         10. Protection of Children From
                                                   This rule is not a significant                        employees of the Coast Guard, call 1–                 Environmental Health Risks
                                                regulatory action due to the minimal                     888–REG–FAIR (1–888–734–3247). The                      We have analyzed this rule under
                                                impact this will have on standard vessel                 Coast Guard will not retaliate against                Executive Order 13045, Protection of
                                                operations within the Port of Goodhope                   small entities that question or complain              Children from Environmental Health
                                                Bay because of the limited area affected                 about this rule or any policy or action               Risks and Safety Risks. This rule is not
                                                and the limited duration of the rule. The                of the Coast Guard.                                   an economically significant rule and
                                                safety zones are also designed to allow                                                                        would not create an environmental risk
                                                vessels transiting through the area to                   4. Collection of Information
                                                                                                                                                               to health or risk to safety that might
                                                safely travel around the safety zones                                                                          disproportionately affect children.
                                                                                                           This rule calls for no new collection
                                                without incurring additional costs.
                                                   The Regulatory Flexibility Act of 1980                of information under the Paperwork                    11. Indian Tribal Governments
                                                (RFA), (5 U.S.C. 601–612, as amended,                    Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                         3520.).                                                  This rule does not have tribal
                                                requires federal agencies to consider the                                                                      implications under Executive Order
                                                potential impact of regulations on small                 5. Federalism                                         13175, Consultation and Coordination
                                                entities during rulemaking. The term                                                                           with Indian Tribal Governments,
                                                ‘‘small entities’’ comprises small                          A rule has implications for federalism             because it would not have a substantial
                                                businesses, not-for-profit organizations                 under Executive Order 13132,                          direct effect on one or more Indian
                                                that are independently owned and                         Federalism, if it has a substantial direct            tribes, on the relationship between the
                                                operated and are not dominant in their                   effect on the States, on the relationship             Federal Government and Indian tribes,
                                                fields, and governmental jurisdictions                   between the national government and                   or on the distribution of power and
                                                with populations of less than 50,000.                    the States, or on the distribution of                 responsibilities between the Federal
                                                The Coast Guard certifies under 5 U.S.C.                 power and responsibilities among the                  Government and Indian tribes.
                                                605(b) that this rule will not have a                    various levels of government. We have
                                                significant economic impact on a                         analyzed this rule under that Order and               12. Energy Effects
                                                substantial number of small entities.                    determined that this rule does not have                 This rule is not a ‘‘significant energy
                                                   This rule could affect the following                  implications for federalism.                          action’’ under Executive Order 13211,
                                                entities, some of which might be small                   6. Protest Activities                                 Actions Concerning Regulations That
                                                entities: the owners or operators of                                                                           Significantly Affect Energy Supply,
                                                vessels intending to transit through or                    The Coast Guard respects the First                  Distribution, or Use.
                                                anchor in within a portion of the Port                   Amendment rights of protesters.                       13. Technical Standards
                                                of Dutch Harbor or adjacent waters,                      Protesters are asked to contact the
                                                from June 15, 2015 to July 15, 2015.                     person listed in the FOR FURTHER                        This rule does not use technical
                                                   This safety zone would not have a                     INFORMATION CONTACT section to                        standards. Therefore, we did not
                                                significant economic impact on a                         coordinate protest activities so that your            consider the use of voluntary consensus
                                                substantial number of small entities for                 message can be received without                       standards.
                                                the following reasons: These safety zone                 jeopardizing the safety or security of                14. Environment
                                                restrictions are only effective from July                people, places or vessels.
                                                1, 2015 to October 15, 2015, and are                                                                              We have analyzed this rule under
                                                limited only to waters within 25 yards                   7. Unfunded Mandates Reform Act                       Department of Homeland Security
                                                of the support vessel if the support                                                                           Management Directive 023–01 and
                                                                                                           The Unfunded Mandates Reform Act                    Commandant Instruction M16475.lD,
                                                vessel is moored or at anchor, and 100
                                                                                                         of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                                yards if the support vessel is in transit.
                                                                                                         Federal agencies to assess the effects of             complying with the National
                                                The Coast Guard will publish a local
                                                                                                         their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                                notice to mariners (LNM) and will issue
                                                                                                         particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                broadcast notice to mariners (BNM)
                                                                                                         that may result in the expenditure by a               have made a preliminary determination
                                                alerts via marine channel 16 VHF before
                                                                                                         State, local, or tribal government, in the            that this action is one of a category of
                                                the safety zone is enforced.
                                                                                                         aggregate, or by the private sector of                actions that do not individually or
                                                3. Assistance for Small Entities                         $100,000,000 (adjusted for inflation) or              cumulatively have a significant effect on
                                                   Under section 213(a) of the Small                     more in any one year. Though this rule                the human environment. Specifically,
                                                Business Regulatory Enforcement                          would not result in such an                           the rule involves establishing a safety
                                                Fairness Act of 1996 (Pub. L. 104–121),                  expenditure, we do discuss the effects of             zone, which is categorically excluded
                                                in the NPRM we offered to assist small                   this rule elsewhere in this preamble.                 from further review under paragraph
                                                entities in understanding the rule so                    8. Taking of Private Property                         34(g) of Figure 2–1 of the Commandant
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                                                that they could better evaluate its effects                                                                    Instruction. We seek any comments or
                                                on them and participate in the                             This rule would not cause a taking of               information that may lead to the
                                                rulemaking process.                                      private property or otherwise have                    discovery of a significant environmental
                                                   Small businesses may send comments                    taking implications under Executive                   impact from this temporary final rule.
                                                on the actions of Federal employees                      Order 12630, Governmental Actions and                 An environmental analysis checklist
                                                who enforce, or otherwise determine                      Interference with Constitutionally                    and a categorical exclusion
                                                compliance with, Federal regulations to                  Protected Property Rights.                            determination are available in the


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                                                                     Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations                                        39691

                                                NPRM docket where indicated under                        vessel shall proceed as directed by the               Beaufort seas during the summer of
                                                Supporting Documents.                                    COTP’s designated on-scene                            2015.
                                                                                                         representative.                                       DATES:  This rule is effective without
                                                List of Subjects in 33 CFR Part 165
                                                                                                           (3) Entry into the safety zone is                   actual notice from July 10, 2015 until
                                                  Harbors, Marine safety, Navigation                     prohibited unless authorized by the                   July 15, 2015. For the purposes of
                                                (water), Reporting and recordkeeping                     COTP or his designated on-scene                       enforcement, actual notice will be used
                                                requirements, Security measures,                         representative. Any persons desiring to               from June 15, 2015, until July 10, 2015.
                                                Waterways.                                               enter the safety zone must contact the
                                                                                                                                                               ADDRESSES: Documents mentioned in
                                                  For the reasons discussed in the                       designated on-scene representative on
                                                                                                         VHF channel 16 (156.800 MHz) and                      this preamble are part of docket [USCG–
                                                preamble, the Coast Guard amends 33
                                                                                                         receive permission prior to entering.                 2015–0246]. To view documents
                                                CFR part 165 as follows:
                                                                                                           (4) If permission is granted to transit             mentioned in this preamble as being
                                                PART 165—REGULATED NAVIGATION                            within the safety zone, all persons and               available in the docket, go to http://
                                                AREAS AND LIMITED ACCESS AREAS                           vessels must comply with the                          www.regulations.gov, type the docket
                                                                                                         instructions of the designated on-scene               number in the ‘‘SEARCH’’ box and click
                                                ■ 1. The authority citation for part 165                 representative.                                       ‘‘SEARCH.’’ Click on Open Docket
                                                continues to read as follows:                              (5) The COTP, Western Alaska, will                  Folder on the line associated with this
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              notify the maritime and general public                rulemaking. You may also visit the
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                by marine information broadcast during                Docket Management Facility in Room
                                                Department of Homeland Security Delegation               the period of time that the safety zones              W12–140 on the ground floor of the
                                                No. 0170.1                                               are in force by providing notice in                   Department of Transportation West
                                                ■ 2. Add § 165.T17–0267 to read as                       accordance with 33 CFR 165.7.                         Building, 1200 New Jersey Avenue SE.,
                                                follows:                                                   (d) Penalties. Persons and vessels                  Washington, DC 20590, between 9 a.m.
                                                                                                         violating this rule are subject to the                and 5 p.m., Monday through Friday,
                                                § 165.T17–0267 Safety Zone; Port of                      penalties set forth in 33 U.S.C. 1232 and             except Federal holidays.
                                                Goodhope Bay; Goodhope Bay, Alaska.                                                                            FOR FURTHER INFORMATION CONTACT: If
                                                                                                         50 U.S.C. 192.
                                                   (a) Location. The following areas are                                                                       you have questions on this temporary
                                                safety zones:                                              Dated: June 3, 2015.
                                                                                                                                                               rule, call or email LT Eugene Chung,
                                                   (1) All navigable waters within a 25-                 S.D. Montoya,
                                                                                                                                                               Sector Anchorage Prevention, Coast
                                                yard radius of a moored or anchored                      Commander, U.S. Coast Guard, Acting                   Guard; telephone 907–428–4189, Email
                                                offshore exploration or support vessel,                  Captain of the Port, Western Alaska.
                                                                                                                                                               Eugene.Chung@uscg.mil. If you have
                                                or within a 100-yard radius of any                       [FR Doc. 2015–16740 Filed 7–9–15; 8:45 am]            questions on viewing or submitting
                                                underway offshore exploration or                         BILLING CODE 9110–04–P                                material to the docket, call Cheryl
                                                support vessel, located within the Port                                                                        Collins, Program Manager, Docket
                                                of Goodhope Bay, to the limits of the                                                                          Operations, telephone 202–366–9826.
                                                U.S. territorial sea.                                    DEPARTMENT OF HOMELAND
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                   (2) [Reserved]                                        SECURITY
                                                   (b) Effective date. The temporary                                                                           Table of Acronyms
                                                safety zones become effective at 12:01                   Coast Guard
                                                                                                                                                               DHS Department of Homeland Security
                                                a.m., July 1, 2015, and terminate on                                                                           FR Federal Register
                                                11:59 p.m., October 15, 2015, unless                     33 CFR Part 165
                                                                                                                                                               NPRM Notice of Proposed Rulemaking
                                                sooner terminated by the Captain of the                  [Docket Number USCG–2015–0246]                        TFR Temporary Final Rule
                                                Port.
                                                   (c) Regulations. The general                          RIN 1625–AA00                                         A. Regulatory History and Information
                                                regulations governing safety zones                                                                               On May 1, 2015, we published a
                                                                                                         Safety Zone—Oil Exploration Staging
                                                contained in § 165.23 apply to all                                                                             notice of proposed rulemaking (NPRM)
                                                                                                         Area in Dutch Harbor, AK
                                                vessels operating within the area                                                                              entitled Safety Zones: Oil Exploration
                                                described in paragraph (a).                              AGENCY:    Coast Guard, DHS.                          Staging Area in Dutch Harbor, AK in the
                                                   (1) If a non-exploration or support                   ACTION:   Temporary final rule.                       Federal Register (80 FR 24866). We
                                                vessel is moored or anchored and an                                                                            received one comment on the proposed
                                                offshore exploration or support vessel                   SUMMARY:    The Coast Guard is                        rule. No public meeting was requested,
                                                transits near them such that it places the               establishing temporary safety zones in                and none was held.
                                                moored or anchored vessel within the                     the Port of Dutch Harbor, Broad Bay or
                                                100-yard safety zone described in                        adjacent navigable waters in the Dutch                B. Basis and Purpose
                                                paragraph (a) of this section, the moored                Harbor area on June 15, 2015. The                       Based on the expectation of increased
                                                or anchored vessel must remain                           temporary safety zones will encompass                 maritime traffic primarily due to the
                                                stationary until the offshore exploration                the navigable waters within a 25-yard                 anticipated arrival of approximately
                                                or support vessel maneuvers to a                         radius of moored or anchored offshore                 twenty eight (28) vessels affiliated with
                                                distance exceeding the 100-yard safety                   exploration or support vessels, and the               planned offshore drilling operations in
                                                zone.                                                    navigable waters within a 100-yard                    the Chukchi and Beaufort Seas,
                                                   (2) All persons and vessels shall                     radius of underway offshore exploration               temporary safety zones needed to ensure
                                                comply with the instructions of the                      or support vessels. The purpose of the                the safe transit of vessels within the
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                                                Captain of the Port (COTP) or                            safety zones is to protect persons and                navigable waters of the Port of Dutch
                                                designated on-scene representative,                      vessels during an unusually high                      Harbor and adjacent waters extending
                                                consisting of commissioned, warrant,                     volume of vessel traffic in the Port of               seaward to the limits of the territorial
                                                and petty officers of the Coast Guard.                   Dutch Harbor, and the adjacent                        sea. The Coast Guard believes temporary
                                                Upon being hailed by a U.S. Coast                        territorial sea due to additional vessel              safety zones are needed due to safety
                                                Guard vessel by siren, radio, flashing                   traffic associated with exploratory                   concerns for personnel aboard the
                                                light or other means, the operator of a                  drilling operations in the Chukchi and                support vessels, mariners operating


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Document Created: 2018-02-23 09:15:58
Document Modified: 2018-02-23 09:15:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from July 10, 2015 until October 15, 2015. For the purposes of enforcement, actual notice will be used from July 1, 2015, until July 10, 2015.
ContactIf you have questions on this temporary rule, call or email LT Eugene Chung, Sector Anchorage Prevention, Coast Guard; telephone 907-428-4189, Email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 39689 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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