[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Proposed Rules]
[Pages 6450-6452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02510]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0893]
RIN 1625-AA87


Security Zone for Navy Diving Exercise; Gastineau Channel, 
Juneau, AK

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary security 
zone for certain waters of the Gastineau Channel. This action is 
necessary to protect personnel, vessels, and the marine environment 
from potential hazards created by a Navy diving excercise involving 
remotely operated vehicles (ROVs) and accompanying divers on these 
navigable waters between the Juneau-Douglas Bridge and Savikko Park 
near Juneau, AK from March 6, 2022, through March 17, 2022. This 
proposed rulemaking would prohibit persons and vessels from being in 
the security zone unless authorized by the Captain of the Port 
Southeast Alaska or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 14, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0893 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Jesse Collins, Waterways 
Management Division, U.S. Coast Guard; telephone 907-463-2846, email 
<a href="/cdn-cgi/l/email-protection#81cbe4f2f2e4afceafc2eeedede8eff2c1f4f2e2e6afece8ed"><span class="__cf_email__" data-cfemail="a2e8c7d1d1c78ced8ce1cdcececbccd1e2d7d1c1c58ccfcbce">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port Southeast Alaska
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ROV(s) Remotely Operated Vehicle(s)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Depatment of Navy has notified the Coast Guard that it will be 
conducting a diving exercise from 6 a.m. to 6 p.m., each day from March 
6, 2022, through March 17, 2022, along the entire length of the 
Gastineau Channel. Hazards associated with the exercise include 
collision and damage to remotely operated vehicles (ROVs) and collision 
and injury to divers in the water. The Captain of the Port Southeast 
Alaska (COTP) has determined that potential hazards associated with the 
exercise would be a security concern for anyone within a 200-yard 
radius of the Navy vessel displaying the Alpha (``Dive'') flag.
    The purpose of this rulemaking is to ensure safety of the public as 
well as the Navy personnel and assets in the navigable waters before, 
during, and after the scheduled diving exercise. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a security zone from March 6, 
2022, through March 17, 2022. The security zone would be enforced daily 
from 6 a.m. to 6 p.m. and would cover all navigable waters within 200-
yard radius of the Navy vessel displaying the Alpha (``Dive'') flag in 
the Gastineau Channel. The duration of the zone is intended to protect 
Navy personnel and assets on these navigable waters before, during, and 
after the scheduled 6 a.m. to 6 p.m. diving exercise. No vessel or 
person would be permitted to enter the security zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and time of day of the security zone. Traffic is limited 
during the time of year when the security zone would be in effect. As a 
moving security zone assigned to a Navy vessel rather than a defined 
area of water, the impact to the waterway would be minimized. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the 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 
proposed rule would 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 
IV.A above, this proposed rule would 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 proposed 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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under

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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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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. This proposed rule involves a security 
zone lasting 12 hours for twelve days that would prohibit entry within 
200-yard radius of the Navy vessel displaying the Alpha (``Dive'') 
flag. Normally such actions are categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2021-0893 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T17-0893 to read as follows:


Sec.  165.T17-0893  Security Zone for Navy Diving Exercise; Gastineau 
Channel, Juneau, AK.

    (a) Location. The following area is a security zone: All the waters 
in Juneau Harbor and along the Gastineau Channel within a 200-yard 
radius of a Navy vessel displaying the Alpha (``Dive'') flag.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast 
Guard Sector Juneau.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Southeast Alaska to assist in enforcing the security zone 
described in paragraph (a) of this section.
    (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 COTP or the 
COTP's designated representative. All vessels underway within this 
security zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's 
designated representative by telephone

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at 907-463-2980 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). 
The Coast Guard vessels enforcing this section can be contacted on 
Marine Band Radio VHF-FM channel 16 (156.8 MHz).
    (3) Those in the security zone must comply with all lawful orders 
or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement period. This section is effective from March 6, 
2022, through March 17, 2022, but will only be subject to enforcement 
from 6 a.m. to 6 p.m. each day.

    Dated: February 1, 2022.
M.S. Gillman,
Commander, U.S. Coast Guard, Acting Captain of the Port Southeast 
Alaska.
[FR Doc. 2022-02510 Filed 2-3-22; 8:45 am]
BILLING CODE 9110-04-P


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