Rule2023-25635
Security Zone; Helicopter Crash, Read Island, AK
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2023
Effective
November 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone for all navigable waters within a 2 nautical miles radius of Read Island, AK, centered at Latitude: 57[deg]06'48.3" N, Longitude: 133[deg]11'43.4" W, where a MH-60 Jayhawk Helicopter crashed (CG- 6016), early on Tuesday, November 14, 2023. This security zone is needed to protect and preserve the crash site of the MH-60 Helicopter wreck. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Southeast Alaska or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 222 (Monday, November 20, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80591-80593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25635]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0385]
RIN 1625-AA87
Security Zone; Helicopter Crash, Read Island, AK
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
all navigable waters within a 2 nautical miles radius of Read Island,
AK, centered at Latitude: 57[deg]06'48.3'' N, Longitude:
133[deg]11'43.4'' W, where a MH-60 Jayhawk Helicopter crashed (CG-
6016), early on Tuesday, November 14, 2023. This security zone is
needed to protect and preserve the crash site of the MH-60 Helicopter
wreck. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Sector Southeast
Alaska or a designated representative.
DATES: This rule is effective without actual notice from November 20,
2023, through January 13, 2024. For the purposes of enforcement, actual
notice will be used from November 14, 2023, through November 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0385 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT Catherine E. Cavender, Sector Southeast Alaska
Waterways Management Division, U.S. Coast Guard; telephone 907-463-
2846, email <a href="/cdn-cgi/l/email-protection#632002170b06110a0d064d264d200215060d07061123161000044d0e0a0f"><span class="__cf_email__" data-cfemail="f9ba988d919c8b90979cd7bcd7ba988f9c979d9c8bb98c8a9a9ed7949095">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
COTP Captain of the Port Sector Southeast Alaska
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
NM Nautical Miles
COTP Captain of the Port
DNR Alaska Department of Natural Resources
II. Background Information and Regulatory History
On November 14, 2023, a Coast Guard MH-60 Jayhawk Helicopter
crashed on Read Island, AK, while responding to a disabled vessel. The
MH-60 helicopter is still on Read Island and must remain in place for
the appropriate investigations and hazardous materials cleanup to take
place. The purpose of the temporary security zone is to facilitate the
security and preserve the crash site of the MH-60 helicopter.
The Coast Guard is issuing this temporary 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 because immediate action is needed to
facilitate the ongoing investigation at the crash site. Publishing a
NRPM is impracticable and contrary to public interest because the
security zone must be established as soon as possible to enhance public
and maritime safety and security and to protect personnel, vessels, and
the marine environment in the navigable waters within the security zone
from potential hazards created by the MH-60 Helicopter crash site.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action to restrict
vessel traffic is needed to protect the MH-60 Helicopter crash site,
mitigate potential maritime threats, and enhance maritime safety and
security.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port Sector Southeast Alaska (COTP)
has determined that potential hazards associated with ongoing salvage
and safety investigation measures, will be a safety concern for anyone
within a 2 nautical miles radius of Read Island, centered at Latitude:
57[deg]06'48.3'' N, Longitude: 133[deg]11'43.4'' W. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the security zone from potential hazards
created by the MH-60 Helicopter crash site.
IV. Discussion of the Rule
This rule establishes a security zone from 5 p.m. November 14,
2023, until 11:59 p.m. on January 13, 2024. The security zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by the hazardous materials cleanup at the MH-
60 Helicopter crash site and the ongoing safety investigation. The
security zone will cover all navigable waters within a 2 nautical miles
radius of Read Island, centered at Latitude: 57[deg]06'48.3'' N,
Longitude: 133[deg]11'43.4'' W to conduct salvage and gather evidence
pursuant to the safety investigation. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the hazardous materials cleanup and
during the safety investigation. No vessel or person will be permitted
to enter the security 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 First Amendment rights of protestors.
[[Page 80592]]
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size, remote
location, and 60-day duration of the security zone. Vessel traffic will
be able to safely transit around this security zone which would impact
a designated area of Farragut Bay for 60 days when vessel traffic is
normally low due to deteriorating weather and reduced daylight. The
surrounding land and islands are owned predominantly by the United
States Forest Service via Tongass National Forest and the State of
Alaska Department of Natural Resources (DNR) owns Read Island. The
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
Channel 16 about the zone, and local Coast Guard assets enforcing the
zone would reiterate the rule. Thus, restrictions on vessel movement
within that particular area are expected to be minimal. Moreover, under
certain conditions vessels may still transit through the security zone
when permitted by the COTP or a designated representative.
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
security 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.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
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.
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, Rev. 1, associated implementing instructions, 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
security zone lasting only 60 days that will prohibit entry within a 2
nautical miles radius of Read Island, centered at Latitude:
57[deg]06'48.3'' N, Longitude: 133[deg]11'43.4'' W, where ongoing
salvage and safety investigation measures occur. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T017-0385 to read as follows:
Sec. 165.T017-0385 Security Zone; Helicopter Crash, Read Island, AK.
(a) Location. The following area is a security zone: All navigable
waters
[[Page 80593]]
within a 2 nautical miles radius of Read Island, AK, centered at
Latitude: 57[deg]06'48.3'' N, Longitude: 133[deg]11'43.4'' W.
(b) Definitions. As used in this section, the term designated
representative means a commissioned, warrant, or petty officer of the
U.S. Coast Guard assigned to units under the operational control of
U.S. Coast Guard Sector Southeast Alaska.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the Captain of
the Port Southeast Alaska (COTP) or the COTP's designated
representative.
(2) Vessels requiring entry into the security zone must request
permission from the COTP or a designated representative. To seek entry
into the security zone, contact the COTP or the COTP's representative
by telephone at (907) 463-2991 or on VHF-FM Channel 16.
(3) Persons and vessels permitted to enter the security zone must
transit at slowest safe speed and comply with all lawful directions
issued by the COTP or the designated representative.
(d) Enforcement period. This section will be enforced from 5 p.m.
November 14, 2023, through 11:59 p.m. on January 13, 2024.
Darwin A. Jensen,
Captain, U.S. Coast Guard, Captain of the Port, Sector Southeast
Alaska.
[FR Doc. 2023-25635 Filed 11-17-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 20, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.