80 FR 39691 - Safety Zone-Oil Exploration Staging Area in Dutch Harbor, AK
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 132 (July 10, 2015)
Coast Guard
Federal Register Volume 80, Issue 132 (July 10, 2015)
| Page Range | 39691-39694 | |
| FR Document | 2015-16700 |
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)] [Rules and Regulations] [Pages 39691-39694] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16700] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0246] RIN 1625-AA00 Safety Zone--Oil Exploration Staging Area in Dutch Harbor, AK AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing temporary safety zones in the Port of Dutch Harbor, Broad Bay or adjacent navigable waters in the Dutch Harbor area on June 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 is to protect persons and vessels during an unusually high volume of vessel traffic in the Port of Dutch Harbor, and the adjacent territorial sea due to additional vessel traffic associated with exploratory drilling operations in the Chukchi and Beaufort seas during the summer of 2015. DATES: This rule is effective without actual notice from July 10, 2015 until July 15, 2015. For the purposes of enforcement, actual notice will be used from June 15, 2015, until July 10, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0246]. 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 Eugene.Chung@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 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 Dutch Harbor, AK in the Federal Register (80 FR 24866). We received one comment on the proposed rule. No public meeting was requested, and none was held. B. Basis and Purpose Based on the expectation of increased maritime traffic primarily due to the anticipated arrival of approximately twenty eight (28) vessels affiliated with planned offshore drilling operations in the Chukchi and Beaufort Seas, temporary safety zones needed to ensure the safe transit of vessels within the navigable waters of the Port of Dutch Harbor and adjacent waters extending seaward to the limits of the territorial sea. The Coast Guard believes temporary safety zones are needed due to safety concerns for personnel aboard the support vessels, mariners operating [[Page 39692]] other vessels in the vicinity of Dutch Harbor, and to protect the environment. The vessels and equipment anticipated to be staged within these safety zones, due to their size and technical complexity, pose a safety risk to vessels that attempt to navigate too closely to them. Limited rescue capabilities are available in the area. In an effort to mitigate the safety risks and any resulting environmental damage, the Coast Guard is establishing temporary safety zones within the Port of Dutch Harbor and the adjacent territorial sea. In evaluating this request, the Coast Guard explored relevant safety factors and considered several criteria, including, but not limited to: (1) The amount of commercial activity in and around the Port of Dutch Harbor; (2) safety concerns for personnel aboard the vessels; (3) sensitivity of the environment in the region and potential adverse affects caused by a grounding, allision, or collision; (4) the types and volume of vessels navigating in the vicinity of the Port of Dutch Harbor; and (5) the need to allow for lawful demonstrations without endangering the safe operations of support vessels. Vessels transiting in the vicinity of the 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 the temporary safety zones. A safety zone 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 Dutch Harbor and the adjacent territorial sea. C. Discussion of the Temporary Final Rule For the reasons described above, the Coast Guard is establishing temporary safety zones that would surround the designated vessels while at anchor, moored or underway on the navigable waters of the Port of Dutch Harbor and the adjacent territorial sea in order to mitigate the potential safety risks associated with the increased vessel traffic. The 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. The Coast Guard received one comment on the NPRM. The commenter suggested that the end date, originally proposed as July 1, 2015, be extended to July 15, 2015. The commenter noted that several of the assets that will be staged in Dutch Harbor are not scheduled to depart until early July, 2015. Based on this suggestion, the Coast Guard is adjusting the end date until July 15, 2015. Enforcing temporary safety zones for each offshore exploration or support vessel while they are on the navigable waters in the Port of Dutch Harbor or the adjacent territorial sea will help ensure the safety of all vessels, including the diverse commercial fleets of Dutch Harbor. 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 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 Dutch Harbor 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 June 15, 2015 to July 15, 2015, and are limited only to waters within 25 yards of the support vessel if the support vessel is moored or at anchor, and 100 yards if the support vessel is in transit. 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 [[Page 39693]] 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 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.T17-0246 to read as follows: Sec. 165.T17-0246 Safety Zone; Port of Dutch Harbor; Dutch Harbor, Alaska (a) Location. The following areas are safety zones: (1) All navigable waters within a 25-yard radius of a moored or anchored offshore exploration or support vessel, or within a 100-yard radius of any underway offshore exploration or support vessel, located within the Port of Dutch Harbor, Broad Bay or adjacent navigable waters encompassed within the area from Cape Cheerful at 54-12.000 N 166- 38.000 W north to the limits of the U.S. territorial sea, and from Princess Head at 53-59.000 N 166-25.900 W 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., June 15, 2015, and terminate on 11:59 p.m., July 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 33 CFR Sec. 165.7. [[Page 39694]] (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. 2015-16700 Filed 7-9-15; 8:45 am] BILLING CODE 9110-04-P
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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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the States, or on the distribution of responsibilities between the Federal (1) All navigable waters within a 25-
power and responsibilities among the Government and Indian tribes. yard radius of a moored or anchored
various levels of government. We have offshore exploration or support vessel,
12. Energy Effects
analyzed this rule under that Order and or within a 100-yard radius of any
determined that this rule does not have This rule is not a ‘‘significant energy underway offshore exploration or
implications for federalism. action’’ under Executive Order 13211, support vessel, located within the Port
Actions Concerning Regulations That of Dutch Harbor, Broad Bay or adjacent
6. Protest Activities Significantly Affect Energy Supply, navigable waters encompassed within
The Coast Guard respects the First Distribution, or Use. the area from Cape Cheerful at 54–
Amendment rights of protesters. 12.000 N 166–38.000 W north to the
13. Technical Standards
Protesters are asked to contact the limits of the U.S. territorial sea, and
person listed in the ‘‘For Further This rule does not use technical from Princess Head at 53–59.000 N 166–
Information Contact’’ section to standards. Therefore, we did not 25.900 W to the limits of the U.S.
coordinate protest activities so that your consider the use of voluntary consensus territorial sea.
message can be received without standards. (2) [Reserved]
jeopardizing the safety or security of (b) Effective date. The temporary
14. Environment
people, places or vessels. safety zones become effective at 12:01
We have analyzed this rule under a.m., June 15, 2015, and terminate on
7. Unfunded Mandates Reform Act Department of Homeland Security 11:59 p.m., July 15, 2015, unless sooner
The Unfunded Mandates Reform Act Management Directive 023–01 and terminated by the Captain of the Port.
of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, (c) Regulations. The general
Federal agencies to assess the effects of which guide the Coast Guard in regulations governing safety zones
their discretionary regulatory actions. In complying with the National contained in § 165.23 apply to all
particular, the Act addresses actions Environmental Policy Act of 1969 vessels operating within the area
that may result in the expenditure by a (NEPA) (42 U.S.C. 4321–4370f), and described in paragraph (a) of this
State, local, or tribal government, in the have made a preliminary determination section.
aggregate, or by the private sector of that this action is one of a category of (1) If a non-exploration or support
$100,000,000 (adjusted for inflation) or actions that do not individually or vessel is moored or anchored and an
more in any one year. Though this rule cumulatively have a significant effect on offshore exploration or support vessel
would not result in such an the human environment. Specifically, transits near them such that it places the
expenditure, we do discuss the effects of the rule involves establishing a safety moored or anchored vessel within the
this rule elsewhere in this preamble. zone, which is categorically excluded 100-yard safety zone described in
from further review under paragraph paragraph (a) of this section, the moored
8. Taking of Private Property 34(g) of Figure 2–1 of the Commandant or anchored vessel must remain
This rule would not cause a taking of Instruction. We seek any comments or stationary until the offshore exploration
private property or otherwise have information that may lead to the or support vessel maneuvers to a
taking implications under Executive discovery of a significant environmental distance exceeding the 100-yard safety
Order 12630, Governmental Actions and impact from this temporary final rule. zone.
Interference with Constitutionally An environmental analysis checklist (2) All persons and vessels shall
Protected Property Rights. and a categorical exclusion comply with the instructions of the
determination are available in the Captain of the Port (COTP) or
9. Civil Justice Reform designated on-scene representative,
docket where indicated under
This rule meets applicable standards Supporting Documents. consisting of commissioned, warrant,
in sections 3(a) and 3(b)(2) of Executive and petty officers of the Coast Guard.
Order 12988, Civil Justice Reform, to List of Subjects in 33 CFR Part 165 Upon being hailed by a U.S. Coast
minimize litigation, eliminate Harbors, Marine safety, Navigation Guard vessel by siren, radio, flashing
ambiguity, and reduce burden. (water), Reporting and recordkeeping light or other means, the operator of a
requirements, Security measures, vessel shall proceed as directed by the
10. Protection of Children From
Waterways. COTP’s designated on-scene
Environmental Health Risks
For the reasons discussed in the representative.
We have analyzed this rule under preamble, the Coast Guard amends 33 (3) Entry into the safety zone is
Executive Order 13045, Protection of CFR part 165 as follows: prohibited unless authorized by the
Children from Environmental Health COTP or his designated on-scene
Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION representative. Any persons desiring to
an economically significant rule and AREAS AND LIMITED ACCESS AREAS enter the safety zone must contact the
would not create an environmental risk designated on-scene representative on
to health or risk to safety that might ■ 1. The authority citation for part 165 VHF channel 16 (156.800 MHz) and
disproportionately affect children. continues to read as follows: receive permission prior to entering.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; (4) If permission is granted to transit
11. Indian Tribal Governments within the safety zone, all persons and
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
This rule does not have tribal Department of Homeland Security Delegation vessels must comply with the
implications under Executive Order No. 0170.1 instructions of the designated on-scene
mstockstill on DSK4VPTVN1PROD with RULES
13175, Consultation and Coordination ■ 2. Add § 165.T17–0246 to read as representative.
with Indian Tribal Governments, follows: (5) The COTP, Western Alaska, will
because it would not have a substantial notify the maritime and general public
direct effect on one or more Indian § 165.T17–0246 Safety Zone; Port of Dutch by marine information broadcast during
tribes, on the relationship between the Harbor; Dutch Harbor, Alaska the period of time that the safety zones
Federal Government and Indian tribes, (a) Location. The following areas are are in force by providing notice in
or on the distribution of power and safety zones: accordance with 33 CFR § 165.7.
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(d) Penalties. Persons and vessels Manager, Docket Operations, telephone recreational vessels, congested
violating this rule are subject to the 202–366–9826 or 1–800–647–5527. waterways, and alcohol use by some
penalties set forth in 33 U.S.C. 1232 and SUPPLEMENTARY INFORMATION: spectators, present a significant risk of
50 U.S.C. 192. serious injuries or fatalities.
Table of Acronyms
Dated: June 3, 2015. C. Discussion of the Final Rule
DHS Department of Homeland Security
S.D. Montoya, With the aforementioned hazards in
FR Federal Register
Commander, U.S. Coast Guard, Acting NPRM Notice of Proposed Rulemaking mind, the Captain of the Port Buffalo
Captain of the Port, Western Alaska. TFR Temporary Final Rule has determined that this temporary
[FR Doc. 2015–16700 Filed 7–9–15; 8:45 am] safety zone is necessary to ensure the
A. Regulatory History and Information
BILLING CODE 9110–04–P safety of spectators and vessels during
The Coast Guard is issuing this the Oswego Harborfest Jet Ski Show.
temporary final rule without prior This zone will be effective and enforced
DEPARTMENT OF HOMELAND notice and opportunity to comment intermittently from 12:45 p.m. until 7:15
SECURITY pursuant to authority under section 4(a) p.m. on July 25, 2015 and from 12:45
of the Administrative Procedure Act p.m. until 7:15 p.m. on July 26, 2015.
Coast Guard (APA) (5 U.S.C. 553(b)). This provision This zone will encompass all waters of
authorizes an agency to issue a rule Oswego Harbor; Oswego, NY starting at
33 CFR Part 165 without prior notice and opportunity to position 43°27′49.88″ N. and
[Docket Number USCG–2015–0507] comment when the agency for good 076°31′15.41″ W. then Northwest to
cause finds that those procedures are 43°27′51.72″ N. and 076°31′18.13 then
RIN 1625–AA00 ‘‘impracticable, unnecessary, or contrary Southwest to 43°27′44.26″ N. and
to the public interest.’’ Under 5 U.S.C. 076°31′39.18″ W. then South to
Safety Zone; Oswego Harborfest Jet 553(b)(B), the Coast Guard finds that
Ski Show; Oswego Harbor, Oswego, 43°27′42.68″ N. and 076°31′36.91″ W.
good cause exists for not publishing a then returning the point of origin.
NY notice of proposed rulemaking (NPRM) Entry into, transiting, or anchoring
AGENCY: Coast Guard, DHS. with respect to this rule because doing within the safety zone is prohibited
ACTION: Temporary final rule. so would be impracticable and contrary unless authorized by the Captain of the
to the public interest. The final details Port Buffalo or his designated on-scene
SUMMARY: The Coast Guard is for this event were not known to the representative. The Captain of the Port
establishing a temporary safety zone on Coast Guard until there was insufficient or his designated on-scene
Oswego Harbor, Oswego, NY. This time remaining before the event to representative may be contacted via
safety zone is intended to restrict publish an NPRM. Thus, delaying the VHF Channel 16.
vessels from a portion of Oswego Harbor effective date of this rule to wait for a
during the Oswego Harborfest Jet Ski comment period to run would be both D. Regulatory Analyses
Show. This temporary safety zone is impracticable and contrary to the public We developed this rule after
necessary to protect mariners and interest because it would inhibit the considering numerous statutes and
vessels from the navigational hazards Coast Guard’s ability to protect executive orders related to rulemaking.
associated with a jet ski show. spectators and vessels from the hazards Below we summarize our analyses
DATES: This rule will be effective from associated with a maritime fireworks based on these statutes and executive
12:45 p.m. on July 25, 2015 until 7:15 display. Therefore, under 5 U.S.C. orders.
p.m. on July 26, 2015. 553(d)(3), the Coast Guard finds that
1. Regulatory Planning and Review
good cause exists for making this
ADDRESSES: Documents mentioned in This rule is not a significant
temporary rule effective less than 30
this preamble are part of docket [USCG– regulatory action under section 3(f) of
days after publication in the Federal
2015–0507]. To view documents Executive Order 12866, Regulatory
Register.
mentioned in this preamble as being Planning and Review, as supplemented
available in the docket, go to http:// B. Basis and Purpose by Executive Order 13563, Improving
www.regulations.gov, type the docket The legal basis and authorities for this Regulation and Regulatory Review, and
number in the ‘‘SEARCH’’ box and click rule are found in 33 U.S.C. 1231, 46 does not require an assessment of
‘‘SEARCH.’’ Click on Open Docket U.S.C. Chapter 701, 3306, 3703; 50 potential costs and benefits under
Folder on the line associated with this U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, section 6(a)(3) of Executive Order 12866
rulemaking. You may also visit the 6.04–6, and 160.5; Pub. L. 107–295, 116 or under section 1 of Executive Order
Docket Management Facility in Room Stat. 2064; and Department of 13563. The Office of Management and
W12–140 on the ground floor of the Homeland Security Delegation No. Budget has not reviewed it under those
Department of Transportation West 0170.1, which collectively authorize the Orders.
Building, 1200 New Jersey Avenue SE., Coast Guard to establish and define We conclude that this rule is not a
Washington, DC 20590, between 9 a.m. regulatory safety zones. significant regulatory action because we
and 5 p.m., Monday through Friday, Between 12:45 p.m. and 7:15 p.m. on anticipate that it will have minimal
except Federal holidays. July 25, 2015 and between 12:45 p.m. impact on the economy, will not
FOR FURTHER INFORMATION CONTACT: If and 7:15 p.m. on July 26, 2015, a jet ski interfere with other agencies, will not
you have questions on this rule, call or show will be taking place on Oswego adversely alter the budget of any grant
mstockstill on DSK4VPTVN1PROD with RULES
email LTJG Amanda Garcia, Chief of Harbor in Oswego, NY. Based on recent or loan recipients, and will not raise any
Waterways Management, U.S. Coast accidents that have occurred in other novel legal or policy issues. The safety
Guard Sector Buffalo; telephone 716– Captain of the Port zones, the Captain of zone created by this rule will be
843–9343, email the Port Buffalo has determined a jet ski relatively small and enforced for a
SectorBuffaloMarineSafety@uscg.mil. If show presents significant risks to public relatively short time. Also, the safety
you have questions on viewing the safety and property. The likely zone is designed to minimize its impact
docket, call Ms. Cheryl Collins, Program combination of large numbers of on navigable waters. Furthermore, the
VerDate Sep<11>2014 16:28 Jul 09, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1](https://thefederalregister.org/doc/80_FR_39823/page/4.svg)
Document Created: 2018-02-23 09:15:53
Document Modified: 2018-02-23 09:15:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from July 10, 2015 until July 15, 2015. For the purposes of enforcement, actual notice will be used from June 15, 2015, until July 10, 2015. | |
| 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. | |
| FR Citation | 80 FR 39691 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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