[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