[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Proposed Rules]
[Pages 7336-7339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02211]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0365]
RIN 1625-AA00


Safety Zone; Alaska Marine Highway System Port Valdez Ferry 
Terminal, Port Valdez; Valdez, AK

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
on the navigable waters of Port Valdez within a 200-yard radius of the 
Alaska Marine Highway System (AMHS) Port Valdez Ferry Terminal. The 
purpose of the safety zone is to restrict all vessels

[[Page 7337]]

except AMHS vessels from entering within 200-yards of the AMHS Port 
Valdez Ferry Terminal whenever an AMHS ferry is underway within 200 
yards of the terminal and there is a declared Commercial Salmon Fishery 
Opener. This safety zone is necessary to provide for the safety of 
life, property and the environment during periods of vessel traffic 
congestion during a declared Commercial Salmon Fishery Opener.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 2, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Danielle F. Wiley, Waterways 
Management Division, U.S. Coast Guard Marine Safety Unit Valdez, 
telephone 907-835-7223, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2012-0365] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0365) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before April 11, 2013, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    In order to prevent near miss collisions or delays in mooring 
during the commercial fishing openers, the Coast Guard began issuing 
temporary final rules to establish temporary safety zones during 
Commercial Salmon Fishery Openers in 2010. The Coast Guard received no 
comments or concerns from the public when the temporary final rules 
were in place.
    This Notice of Proposed Rule Making would permanently establish a 
safety zone of the exact same size and position as that which was 
established under the temporary final rules.

C. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish limited access areas: 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.
    A representative of the Alaska Marine Highway System requested that 
the Coast Guard establish a safety zone in the immediate vicinity of 
the AMHS Port Valdez Ferry Terminal whenever a Commercial Salmon 
Fishery Opener is declared, because of previous incidents of near 
collisions in the vicinity of the ferry terminal between AMHS ferry 
vessels and commercial fishing vessels. During Commercial Salmon 
Fishery Openers, increased vessel traffic in the vicinity of the AMHS 
Port Valdez Ferry Terminal adds additional congestion to the waterways 
and is a cause for navigational safety concerns, especially when the 
commercial fleet is active along the shoreline adjacent to the AMHS 
Port Valdez Ferry Terminal.
    We believe a permanent safety zone is necessary to ensure the 
safety of vessels

[[Page 7338]]

operating in the vicinity of the AMHS Port Valdez Ferry Terminal. The 
Coast Guard began issuing temporary final rules to establish temporary 
safety zones during Commercial Salmon Fishery Openers in 2010. Because 
Commercial Salmon Fishery Openers are not announced until the night 
before the opener, these temporary final rules were issued late in the 
evening or at night (becoming effective the following morning) leaving 
very little time to thoroughly disseminate news of the safety zone to 
affected waterway users.
    The proposed rule would ensure the safety of all vessels in the 
area during periods of increased vessel traffic because of the 
Commercial Salmon Fishery Opener. The impact of this rule on commercial 
and recreational traffic is expected to be minimal because the proposed 
safety zone will restrict access to only a small portion of the 
navigable waters of Port Valdez and for a short duration.

D. Discussion of Proposed Rule

    The Coast Guard proposes to establish a 200-yard safety zone around 
the AMHS Port Valdez Ferry Terminal at position 61[deg]07'26'' N; 
146[deg]21'50'' W in the navigable waters of Port Valdez. The purpose 
of the safety zone would be to restrict non-AMHS vessels from entering 
within a 200-yard radius of the AMHS Port Valdez Ferry Terminal 
whenever an AMHS ferry is underway within a 200-yard radius of the AMHS 
Terminal and there is a declared Commercial Salmon Fishery Opener that 
includes the navigable waters within 200 yards of the terminal. The 
proposed safety zone would only be enforced when an AMHS ferry is 
underway within 200 yards of the AMHS Port Valdez Ferry Terminal and 
there is a declared Commercial Salmon Fishery Opener in effect. The 
limited size and duration of the proposed safety zone is designed to 
minimize the impact on other vessels transiting the waters of Port 
Valdez.
    The proposed rule would be enforced whenever an AMHS ferry vessel 
is underway within 200 yards of the AMHS Port Valdez Ferry Terminal. 
Enforcement of the safety zone would terminate when the ferry vessel is 
moored or when the vessel is more than 200 yards away from the 
terminal.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard 
enforcement of this proposed safety zone will be of short duration. The 
proposed safety zone would be enforced for a limited amount of time, 
only when there is a declared Commercial Salmon Fishery Opener and 
there is an AMHS ferry underway within 200 yards of the AMHS Port 
Valdez Ferry Terminal. Vessels would be able to navigate around the 
proposed safety zone. Furthermore, vessels may be authorized to transit 
through the proposed safety zone with the permission of the COTP.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in a portion of the navigable waters of 
Port Valdez whenever a Commercial Salmon Fishery Opener is declared and 
there is an AMHS ferry underway within 200 yards of the AMHS Port 
Valdez Ferry Terminal.
    This proposed safety zone would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This proposed safety zone would be activated, and thus subject 
to enforcement, only when there is an announced Commercial Salmon 
Fishery Opener and there is an AMHS ferry underway within 200 yards of 
the AMHS Port Valdez Terminal. Vessel traffic could pass safely around 
the proposed safety zone. Before the activation of the zone, we would 
issue maritime advisories widely available to users of the waterway.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

3. Assistance for Small Entities

    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 rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 effects of this rule 
elsewhere in this preamble.

[[Page 7339]]

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children from Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 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 the establishment of a safety zone. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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 proposes 
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:  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.  165.1712 to read as follows:


Sec.  165.1712  Safety Zone; Alaska Marine Highway System Port Valdez 
Ferry Terminal, Port Valdez; Valdez, AK.

    (a) Location. The following area is a safety zone: All navigable 
waters of Port Valdez extending 200 yards in all directions from the 
edges of the Alaska Marine Highway System Terminal dock located in Port 
Valdez at 61[deg]07'26'' N and 146[deg]21'50'' W.
    (b) Enforcement period. The rule will be enforced whenever there is 
an Alaska Marine Highway System Ferry vessel transiting within the area 
described in paragraph (a) and there is a Commercial Salmon Fishery 
Opener that includes the navigable waters within the safety zone. Each 
enforcement period will be announced by a broadcast notice to mariners 
when the commercial salmon fishery opener is announced.
    (c) Definition. The following definitions apply to this section:
    (1) The term ``designated representative'' means any Coast Guard 
commissioned, warrant or petty officer of the U. S. Coast Guard who has 
been designated by the Captain of the Port, Prince William Sound, to 
act on his or her behalf.
    (2) The term ``official patrol vessel'' may consist of any Coast 
Guard, Coast Guard Auxiliary, state, or local law enforcement vessels 
assigned or approved by the COTP, Prince William Sound.
    (3) The term ``AMHS vessel'' means any vessel owned or operated by 
the Alaska Marine Highway System, including, but not limited to: M/V 
AURORA, M/V CHENEGA, M/V COLUMBIA, M/V FAIRWEATHER, M/V KENNICOTT, M/V 
LECONTE, M/V LITUYA, M/V MALASPINA, M/V MATANUSKA, M/V TAKU and M/V 
TUSTUMENA.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as 
the following regulations, apply.
    (2) No vessels, except for AMHS ferries and vessels owned or 
operated by AMHS will be allowed to transit the safety zone without the 
permission of the COTP, Prince William Sound or the designated 
representative during periods of enforcement.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or the designated representative. Upon being hailed by a U.S. 
Coast Guard vessel or other official patrol vessel by siren, radio, 
flashing light or other means, the operator of the hailed vessel shall 
proceed as directed.
    (4) Vessel operators desiring to enter or operate within the 
regulated area may contact the COTP or the designated representative 
via VHF channel 16 or 907-835-7205 (Prince William Sound Vessel Traffic 
Service) to request permission to do so.
    (5) The COTP, Prince William Sound may be aided by other Federal, 
state, borough and local law enforcement officials in the enforcement 
of this regulation. In addition, members of the Coast Guard Auxiliary 
may be present to inform vessel operators of this regulation.

    Dated: January 11, 2013.
Benjamin J. Hawkins,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound.
[FR Doc. 2013-02211 Filed 1-31-13; 8:45 am]
BILLING CODE 9110-04-P