[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44472-44475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18453]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0641]
RIN 1625-AA00
Safety Zone; Port Valdez, Alaska Maritime Highway System Ferry
Terminal
AGENCY: Coast Guard, DHS.
[[Page 44473]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the navigable waters within a 200-yard radius of the
Alaska Marine Highway System (AMHS) Terminal in Port Valdez when an
AMHS Ferry is arriving or departing when there is an ongoing fishing
opener that includes the navigable waters within a 200-yard radius of
the AMHS Ferry Terminal. This safety zone is necessary to provide for
the safety of passenger vessels and fishing vessels in the area during
periods of increased vessel traffic. The purpose of the safety zone is
to restrict non-ferry vessel traffic from entering a 200-yard radius of
the AMHS Ferry Terminal while the ferry is within 200-yards of the
pier. Persons desiring to transit within these safety zones must
contact the Captain of the Port, Prince William Sound, Alaska or the
designated on scene representative on VHF channel 13 (156.650 MHz) to
receive permission.
DATES: This temporary final rule will remain in effect from July 8,
2012, until August 1, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (COTP Prince William Sound USCG-2012-
0641) and are available for inspection or copying at USCG Marine Safety
Unit Valdez Office, Valdez, AK between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Danielle Wiley, Chief, Waterways
Management, USCG Marine Safety Unit Valdez, at (907) 835-7223, email
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 fishing openers in Prince William
Sound, which includes the Port of Valdez, are announced the evening
before the opener by the Alaska Department of Fish and Game, which does
not afford time for public feedback on a safety zone that will be in
effect only when that opener includes the area of Port Valdez that
includes the AMHS Terminal.
In the past, during the month of July, the Alaska Department of
Fish and Game has announced fishing openers in the Port of Valdez with
less than less than 24 hours advance notice. Furthermore, there have
been instances when ferries arriving/departing the AMHS Ferry Terminal
have encountered fishing vessels holding station and setting nets in
positions that created safety hazards for the passenger vessels that
were trying to safely maneuver to and from the pier. Any delay
encountered in this regulation's effective date by publishing a NPRM
would be contrary to public interest, since immediate action is needed
to provide for the safety of life and property on navigable waters
during these fishing openers.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds, for the reasons
noted above, that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
Basis and Purpose
The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C. chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1. which collectively authorize the Coast
Guard to define regulatory safety zones.
The safety zone is necessary to protect all vessels operating in
the vicinity of the AMHS Ferry Terminal. The safety zone will terminate
whenever a departing ferry vessel is more than 200 yards from the AMHS
Ferry Terminal. The safety zone will also terminate whenever an
arriving ferry vessel moors to the pier. The impact of this rule on
commercial and recreational traffic is expected to be minimal because
of the limited area and duration of the safety zone.
Discussion of Rule
The Coast Guard is establishing a temporary 200-yard safety zone
around the AMHS Ferry Terminal at position 61[deg]07'26'' N and
146[deg]21'50'' W in the navigable waters of Port Valdez. The zone will
only be in effect when a ferry vessel is within 200 yards of the AMHS
Ferry Terminal, between July 3, 2012, and August 1, 2012, and when
there is an Alaska Department of Fish and Game fish opener that
includes the 200-yard radius surrounding the AMHS pier. The limited
size and duration of the zone is designed to minimize the impact on
other vessels transiting the waters of Port Valdez.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12886, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). This finding is based on the limited size and duration
of the safety zone which will have minimal, if any, impact on vessels
transiting the waters of Prince William Sound and Port Valdez.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
The ruling will affect the following entities, some of which may be
small entities: Recreational, ferry, and fishing vessels for very short
periods of time and improve the safe operations for all parties
involved by reducing risk to life and property. This rule will only be
enforced during an AMHS ferry's arrival or departure from the AMHS
Ferry Terminal from July 3, 2012, until August 1, 2012, and from the
time a fish opener begins until it expires. Vessel traffic can pass
safely around the zone. Before the effective period, we will issue
maritime advisories widely available to users of Port Valdez via VHF CH
13. Broadcast Notice to
[[Page 44474]]
Mariners will also be made on CH 16. All indications are that there
will be minimal impact to small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g) of
the Instruction. Under figure 2-1, paragraph (34)(g), of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' have been completed and are
available in the docket where indicated under Addresses.
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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T17-0641 to read as follows:
Sec. 165.T17-0641 Safety Zone; Port Valdez, Alaska Marine Highway
System Ferry Terminal.
(a) Location. The following area is a safety zone: The navigable
waters within a 200-yard radius of the Alaska Marine Highway System
Ferry Terminal in the Port of Valdez.
(b) Effective period. The safety zone in this section will be
enforced from July 8, 2012, through August 1, 2012, when there is an
Alaska Marine Highway System Ferry within the safety zone and there is
a fishing opener that includes the navigable waters within the safety
zone during these dates.
[[Page 44475]]
(c) Regulations. For the purpose of this section, the general
regulations contained in 33 CFR 165.23 apply to all but the following
vessels in the areas described in paragraph (a), (b), or (c):
(1) Alaska Marine Highway System Ferries.
(2) Vessels that obtain permission through the Duty Officer at
Marine Safety Unit Valdez, who can be contacted at (907) 831-0236.
(3) Vessels that obtain permission from the Captain of the Port,
who may authorize and designate any Coast Guard commissioned, warrant,
or petty officer to act on his behalf in enforcing the safety zone.
Dated: July 8, 2012.
B.J. Hawkins,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound.
[FR Doc. 2012-18453 Filed 7-27-12; 8:45 am]
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