[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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