[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Rules and Regulations]
[Pages 47123-47125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19548]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0774]
RIN 1625-AA00


Safety Zone, R/V POLARCUS ALIMA, Cook Inlet, Homer, Alaska

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 100-yard radius surrounding the research 
vessel POLARCUS ALIMA. The safety zone is needed to protect the vessel 
and members of the public anticipated to exercise their First Amendment 
right to protest the vessel's activity. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Western Alaska.

DATES: This rule is effective from September 9, 2019 through September 
11, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0774 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Commander Justin Jacobs, Chief of Prevention, Sector 
Anchorage, U.S. Coast Guard: telephone 907-428-4149, email 
Justin.W.Jacobs@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Western Alaska
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 3, 2019, Hillcorp Alaska, LLC, notified the Coast 
Guard Sector Anchorage that it would be conducting seismic testing in 
Cook Inlet, near Kachemak Bay, via the research vessel POLARCUS ALIMNA 
from September 9-11, 2019. Hillcorp also informed the Coast Guard that 
it anticipates public protest activity around the vessel.
    The Coast Guard is issuing this rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a), of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Notice and comment procedures are 
impractical in this situation because there is not enough time for 
those procedures before the planned vessel movement, and because 
immediate action is needed to respond to the potential safety hazards 
associated with the arrival and departure of the research vessel 
POLARCUS ALIMA. It is impracticable to publish an NPRM because we must 
establish this safety zone by September 9, 2019, and the Coast Guard 
was informed of the vessel movement on September 3, 2019. For the same 
reasons, the Coast Guard is making this rule effective less than thirty 
days after publication. Normally, the Administrative Procedure Act 
(APA) (5 U.S.C. 553(d)) requires an agency to publish a rule at least 
thirty days before the effective date of the rule. However, the agency 
is not required to delay the effective date if the agency finds good 
cause for doing so (5 U.S.C. 553(d)(3)). For this rule, the Coast Guard 
finds good cause to not delaying the effective date of this rule. 
Delaying the effective date of this rule is impracticable because the 
rule must be in place in time for the planned vessel movement on 
September 9, 2019, and the Coast Guard was informed about the vessel 
movement on September 3, 2019.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Western 
Alaska (COTP) has determined that potential safety hazards associated 
with the activity of the research vessel POLARCUS ALIMA in Cook Inlet, 
near Kachemak Bay, starting September 9, 2019, through September 11, 
2019, will be a safety concern for anyone within a 100-yard radius of 
the vessel while at the pier and underway. This rule is needed to 
protect the vessel, public, and the marine environment within the 
safety zone while the vessel transits the area.

[[Page 47124]]

IV. Discussion of the Rule

    The COTP establishes a safety zone from September 9, 2019 through 
September 11, 2019. The safety zone will cover all navigable waters 
within 100 yards of the research vessel POLARCUS ALIMA while in the 
COTP zone. The duration of the zone is intended to protect the vessel, 
public, and the marine environment within the safety zone while the 
vessel is transiting the area. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss the First Amendment right of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and timing of the safety zone. Vessel traffic would 
be able to safely transit around the safety zone, which would impact a 
small roving area in Cook Inlet for 3 days. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the safety zone and location of the research vessel POLARCUS 
ALIMA, and the rule would allow vessels to seek permission to enter or 
transit through the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone lasting only 3 days that 
would prohibit entry within 100 yards of the vessel while it is in the 
COTP zone. It is categorically excluded from further review under 
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5;

[[Page 47125]]

Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T17-0774 to read as follows:


Sec.  165.T17-0774  Safety Zone, R/V POLARCUS ALIMA, Cook Inlet, Homer, 
AK.

    (a) Regulated area. The following area is specified as a safety 
zone: All navigable waters within 100 yards of the research vessel 
POLARCUS ALIMA while in the Captain of the Port Zone for Western Alaska 
from September 9, 2019, through September 11, 2019.
    (b) Regulations. In accordance with the general regulations in this 
part, the safety zone shall be closed to all persons and vessels unless 
authorized by the Captain of the Port.
    (c) Authorization. All persons or vessels who desire to enter the 
designated safety zone created in this section while it is enforced 
must obtain permission from the on-scene patrol craft on VHF Ch 9.
    (d) Enforcement period. This section will be enforced from 
September 9, 2019, through September 11, 2019.

    Dated: September 5, 2019.
Sean C. MacKenzie,
Captain of the Port Western Alaska, U.S. Coast Guard.
[FR Doc. 2019-19548 Filed 9-6-19; 8:45 am]
 BILLING CODE 9110-04-P


