Rule2024-00437
Safety Zone; North Pacific Ocean, Dutch Harbor, 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
January 10, 2024
Effective
January 10, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 1 nautical mile radius of the M/V GENIUS STAR XI. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fire onboard the M/V GENIUS STAR XI. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Western Alaska.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Rules and Regulations]
[Pages 1457-1458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00437]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0020]
RIN 1625-AA00
Safety Zone; North Pacific Ocean, Dutch Harbor, AK
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1 nautical mile radius of the M/V GENIUS STAR
XI. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by a fire onboard the
M/V GENIUS STAR XI. 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 without actual notice from January 10,
2024, through March 6, 2024. For the purposes of enforcement, actual
notice will be used from January 7, 2024, until January 10, 2024.
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-
2024-0020 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 William Mason, Sector Anchorage, AK Waterways
Management Division, U.S. Coast Guard; telephone 907-428-4100, email
<a href="/cdn-cgi/l/email-protection#7e0d1b1d0a110c1f101d16110c1f191b3e0b0d1d1950131712"><span class="__cf_email__" data-cfemail="81f2e4e2f5eef3e0efe2e9eef3e0e6e4c1f4f2e2e6afece8ed">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because publishing an NPRM
would be impracticable because of the urgent need to establish a safety
zone as soon as possible to enhance public safety given the dangers
associated with a vessel recently on fire.
Also, 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 is needed to
respond to the potential safety hazards associated with a recent fire
onboard the M/V GENIUS STAR XI and the emergency operations taking
place.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Western Alaska has determined that
potential hazards associated with ongoing response activities for a
recent vessel fire and the hazardous materials onboard the vessel will
be a safety concern for anyone within a 1 nautical mile radius of the
M/V GENIUS STAR XI. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone from the potential hazards created by the vessel fire. The
duration of the rule is necessary due to the challenges associated with
getting materiel and personnel to the vessel given its remote location.
IV. Discussion of the Rule
This rule establishes a safety zone from January 7, 2024, through
March 6, 2024. The safety zone will cover all navigable waters within 1
nautical mile of the M/V GENIUS STAR XI within the Captain of the Port
Zone Western Alaska in the vicinity of the Port of Dutch Harbor,
Alaska. The M/V GENIUS STAR XI, IMO 9622710, is a 410 foot General
cargo ship with a white superstructure and a black hull.
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.
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 safety of
emergency operators in the vicinity of the M/V GENIUS STAR XI. The
small size and short duration of this safety zone combined with
anticipated limited vessel traffic is expected to minimally restrict
vessel movements. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via available local means about the zone, and the
rule will allow vessels to seek permission under certain conditions to
enter the zone from 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
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.
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
[[Page 1458]]
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
safety zone lasting only 60 days based on the response operations for
the fire onboard the M/V GENIUS STAR XI and will prohibit entry within
1 nautical mile of the vessel. It is categorically excluded from
further review under paragraph L60d of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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.T17-0020 to read as follows:
Sec. 165.T17-0020 Safety Zone; North Pacific Ocean, Dutch Harbor,
AK.
(a) Location. The following is a safety zone: All navigable waters
within a 1 nautical mile radius of the M/V GENIUS STAR XI within the
Captain of the Port Zone Western Alaska in the vicinity of the Port of
Dutch Harbor, AK.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard Coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Western Alaska (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you shall not enter the safety zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via Marine VHF channel 16 or by calling the USCG Command
Center at 907-428-4100. Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement period. This section will be enforced from January
7, 2024, through March 6, 2024.
Dated: January 5, 2024.
C.A. Culpepper,
Captain, U.S. Coast Guard, Captain of the Port Western Alaska.
[FR Doc. 2024-00437 Filed 1-8-24; 4:15 pm]
BILLING CODE P
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</html>Indexed from Federal Register on January 10, 2024.
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