[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 [www.gpo.gov]
[FR Doc No: 2023-25635]


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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.

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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 https://www.regulations.gov, 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


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