[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11581-11583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04390]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 exercise 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 regulation prohibits 
persons and vessels from being in the security zone unless authorized 
by the Captain of the Port Southeast Alaska or a designated 
representative.

DATES: This rule is effective from March 6, 2022, through March 17, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0893 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 on this rule, 
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#d399b6a0a0b6fd9cfd90bcbfbfbabda093a6a0b0b4fdbebabf"><span class="__cf_email__" data-cfemail="29634c5a5a4c0766076a46454540475a695c5a4a4e07444045">[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 Information and Regulatory History

    The Department of Navy 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. In response, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled ``Security Zone 
for Navy Diving Exercise; Gastineau Channel, Juneau, AK'' (87 FR 6450). 
We stated there why we issued the NPRM and invited comments on our 
proposed regulatory

[[Page 11582]]

action related to this diving exercise. During the comment period that 
ended February 14, 2022, we received no comments.
    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 this diving 
exercise.

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 COTP has determined that 
potential hazards associated with the diving exercise will be a safety 
concern for anyone within a 200-yard radius of the Navy vessel 
displaying the Alpha (``Dive'') flag in the Gastineau Channel. The 
purpose of this rule is to ensure safety of vessels and the navigable 
waters in the security zone before, during, and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
February 4, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a security zone from March 6, 2022, through 
March 17, 2022. The security zone will cover all navigable waters 
within 200 yards of a Navy vessel displaying the Alpha (``Dive'') flag 
in the Gastineau Channel. The duration of the zone is intended to 
ensure the safety of vessels and these navigable waters before, during, 
and after the diving exercise. 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.

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 Executive Order 12866. Accordingly, this 
rule 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 will 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 will be minimized. Moreover, 
the Coast Guard will 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 received no comments from the Small Business 
Administration on this rulemaking. 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

[[Page 11583]]

environment. This rule involves a security zone lasting 12 hours for 
twelve days that will prohibit entry within 200 yards of a Navy vessel 
displaying the Alpha (``Dive'') flag in the Gastineau Channel. It is 
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 
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; 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 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 25, 2022.
D.A. Jensen,
Captain, U.S. Coast Guard, Captain of the Port Southeast Alaska.
[FR Doc. 2022-04390 Filed 3-1-22; 8:45 am]
BILLING CODE 9110-04-P


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