[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Proposed Rules]
[Pages 12538-12539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06375]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1057]
RIN 1625-AA00
Safety Zone; Gastineau Channel, Juneau, AK
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to modify an existing safety zone
for certain waters of the Gastineau Channel. This action is necessary
to provide for safety of vessels anchoring on these navigable waters.
This proposed rulemaking would prohibit vessels, other than large
passenger vessels from anchoring within the safety zone without the
express consent from the Captain of the Port, Southeast Alaska, or a
designated representative. We invite your comments on this proposed
rulemaking and are particularly interested in any potential impact to
underwater cables in the Gastineau Channel affected by this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 6, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-1057 using the Federal eRulemaking 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: LT Kristi Sloane, Sector Juneau,
Waterways Management Division, U.S. Coast Guard, at telephone number
907-463-2846 or email to [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard recently conducted a Waterways Analysis and
Management System (WAMS) study for the Gastineau Channel. The study
identified a need to modify an existing safety zone for certain waters
of the Gastineau Channel to improve safety of large passenger vessels
anchoring within the safety zone. The Captain of the Port, Southeast
Alaska, (COTP) has determined that modification of the existing safety
zone is necessary to improve the safety of large passenger vessels
anchoring in the Gastineau Channel safety zone.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the safety zone. The Coast Guard is
proposing this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP is proposing to amend 33 CFR 165.1702 by way of expanding
the existing safety zone in order to improve safety of large passenger
vessels anchoring in the Gastineau Channel. The proposed safety zone
would extend the existing safety zone approximately 300 yards at the
northernmost end of the safety zone. All vessels may transit or
navigate within the safety zone. No vessels, other than large passenger
vessels may anchor within the safety zone without the express consent
from the Captain of the Port, Southeast Alaska 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on a premise that all
vessels may transit or navigate within the proposed safety 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
safety 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 rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES section) 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 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
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 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
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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 contact 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 effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, 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 safety zone that allows all
vessels to transit or navigate within the safety zone but prohibits
vessels, other than large passenger vessels from anchoring within the
safety zone without the express consent from the Captain of the Port,
Southeast Alaska or a designated representative. 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. 01
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.1702 to read as follows:
Sec. 165.1702 Gastineau Channel, Juneau, Alaska-safety zone.
(a) The waters within the following boundaries are a safety zone:
All waters eastward to shore from a line beginning at Gastineau Channel
Light 4 (LLNR 23695) in position 58[deg]17.82' N, 134[deg]25.36' W, in
the direction of 130[deg] True to Rock Dump Lighted Buoy 2A (LLNR
23685) at position 58[deg]17.14' N, 134[deg]23.84' W.
(b) Definitions. The following definitions apply to this section:
(1) A large passenger vessel for the purpose of this regulation are
cruise ships and ferries.
(2) Cruise ship means any vessel over 100 gross registered tons,
carrying more than 12 passengers for hire which makes voyages lasting
24 hours, of which any part is on high seas. Passengers from cruise
ships are embarked or disembarked in the U.S. or its territories.
Cruise ships do not include ferries that hold Coast Guard Certificates
of Inspection endorsed for ``Lakes, Bays, And Sounds'', that transit
international waters for only short periods of time on frequent
schedules.
(3) Ferry means a vessel which is limited in its use to the
carriage of deck passengers or vehicles or both, operates on a short
run on a frequent schedule between two or more points over the most
direct water route, other than in ocean or coastwise service.
(c) Special Regulations. (1) All vessels may transit or navigate
within the safety zone.
(2) No vessels, other than a large passenger vessel may anchor
within the safety zone without the express consent from the Captain of
the Port, Southeast Alaska.
Dated: March 7, 2019.
Stephen R. White,
Capt., U.S. Coast Guard, Captain of the Port, Southeast Alaska.
[FR Doc. 2019-06375 Filed 4-1-19; 8:45 am]
BILLING CODE 9110-04-P