83 FR 32208 - Safety Zone; Alaska Marine Highway System Port Valdez Ferry Terminal, Port Valdez; Valdez, AK
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 134 (July 12, 2018)
Coast Guard
Federal Register Volume 83, Issue 134 (July 12, 2018)
| Page Range | 32208-32209 | |
| FR Document | 2018-14863 |
[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)] [Rules and Regulations] [Pages 32208-32209] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14863] [[Page 32208]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 RIN 1625-AA00 [Docket Number USCG-2018-0578] Safety Zone; Alaska Marine Highway System Port Valdez Ferry Terminal, Port Valdez; Valdez, AK AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is republishing its 2014 rule that established 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 safety zone restricts all vessels 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: This rule is effective July 12, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0578 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rulemaking, call or email LTJG, Carlos M. Quintero, MSU Valdez, U.S. Coast Guard; telephone 907-835-7209, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations AMHS Alaska Marine Highway System CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (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 with respect to this rule because it is unnecessary to do so. This is a republication, without change, of a previously issued rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The Coast Guard finds that good cause exists because it is unnecessary to do so. This is a republication, without change of a previously issued rule. On February 4, 2014, the Coast Guard published a rule that established 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 (79 FR 6468). The safety zone restricts all vessels 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. That original rule, however, contained a clerical error that prevented the Office of the Federal Register from codifying the rule into the Code of Federal Regulations. The 2014 final rule inadvertently used a pre-existing number assigned to a different regulation. Because the rule could not be codified at the stated location, the Office of the Federal Register, instead, added an editorial note to 33 CFR 165.1712 noting the publication of the 2014 AMHS Port Valdez Ferry Terminal rule. The purpose of this rule is to republish that 2014 rule, without change, to a different section number so that it can be codified into the Code of Federal Regulations. The authority to re-issue this safety zone is 33 U.S.C. 1231. This safety zone continues to be 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. V. Regulatory Analyses We developed this 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. 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 rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule 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 the fact that this is a republication, without change, of a previously published rule. 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 rule will not have a significant economic impact on a substantial number of 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 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. 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 [[Page 32209]] about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will 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 rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this 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 determined 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 rule involves the republication, without change, of a previously published rule. It is categorically excluded from further review under paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is 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; 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. Add Sec. 165.1714 to read as follows: Sec. 165.1712a 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) of this section 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) Definitions. 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 requirements in paragraphs (d)(2) through (5) of this section, 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: July 6, 2018. M.R. Franklin, Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound. [FR Doc. 2018-14863 Filed 7-11-18; 8:45 am] BILLING CODE 9110-04-P
![32208 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND provision authorizes an agency to issue based on a number of these statutes and
SECURITY a rule without prior notice and Executive orders.
opportunity to comment when the
Coast Guard A. Regulatory Planning and Review
agency for good cause finds that those
procedures are impracticable, Executive Orders 12866 and 13563
33 CFR Part 165 unnecessary, or contrary to the public direct agencies to assess the costs and
RIN 1625–AA00 interest. Under 5 U.S.C. 553(b)(B), the benefits of available regulatory
Coast Guard finds that good cause exists alternatives and, if regulation is
[Docket Number USCG–2018–0578] for not publishing a notice of proposed necessary, to select regulatory
rulemaking with respect to this rule approaches that maximize net benefits.
Safety Zone; Alaska Marine Highway because it is unnecessary to do so. This Executive Order 13771 directs agencies
System Port Valdez Ferry Terminal, is a republication, without change, of a to control regulatory costs through a
Port Valdez; Valdez, AK previously issued rule. budgeting process. This rule has not
AGENCY: Coast Guard, DHS. Under 5 U.S.C. 553(d)(3), the Coast been designated a ‘‘significant
ACTION: Final rule. Guard finds that good cause exists for regulatory action,’’ under Executive
making this rule effective less than 30 Order 12866. Accordingly, this rule has
SUMMARY: The Coast Guard is days after publication in the Federal not been reviewed by the Office of
republishing its 2014 rule that Register. The Coast Guard finds that Management and Budget (OMB), and
established a permanent safety zone on good cause exists because it is pursuant to OMB guidance it is exempt
the navigable waters of Port Valdez unnecessary to do so. This is a from the requirements of Executive
within a 200-yard radius of the Alaska republication, without change of a Order 13771. This regulatory action
Marine Highway System (AMHS) Port previously issued rule. determination is based on the fact that
Valdez Ferry Terminal. The safety zone On February 4, 2014, the Coast Guard this is a republication, without change,
restricts all vessels except AMHS published a rule that established a of a previously published rule.
vessels from entering within 200-yards permanent safety zone on the navigable B. Impact on Small Entities
of the AMHS Port Valdez Ferry waters of Port Valdez within a 200-yard
Terminal whenever an AMHS ferry is radius of the Alaska Marine Highway The Regulatory Flexibility Act of
underway within 200 yards of the System (AMHS) Port Valdez Ferry 1980, 5 U.S.C. 601–612, as amended,
terminal and there is a declared Terminal (79 FR 6468). The safety zone requires federal agencies to consider the
Commercial Salmon Fishery Opener. restricts all vessels except AMHS potential impact of regulations on small
This safety zone is necessary to provide vessels from entering within 200-yards entities during rulemaking. The term
for the safety of life, property and the of the AMHS Port Valdez Ferry ‘‘small entities’’ comprises small
environment during periods of vessel Terminal whenever an AMHS ferry is businesses, not-for-profit organizations
traffic congestion during a declared underway within 200 yards of the that are independently owned and
Commercial Salmon Fishery Opener. terminal and there is a declared operated and are not dominant in their
DATES: This rule is effective July 12, Commercial Salmon Fishery Opener. fields, and governmental jurisdictions
2018. That original rule, however, contained a with populations of less than 50,000.
clerical error that prevented the Office The Coast Guard certifies under 5 U.S.C.
ADDRESSES: To view documents
of the Federal Register from codifying 605(b) that this rule will not have a
mentioned in this preamble as being
the rule into the Code of Federal significant economic impact on a
available in the docket, go to http://
Regulations. The 2014 final rule substantial number of small entities.
www.regulations.gov, type USCG–2018–
0578 in the ‘‘SEARCH’’ box and click inadvertently used a pre-existing Under section 213(a) of the Small
‘‘SEARCH.’’ Click on Open Docket number assigned to a different Business Regulatory Enforcement
Folder on the line associated with this regulation. Because the rule could not Fairness Act of 1996 (Pub. L. 104–121),
rule. be codified at the stated location, the we want to assist small entities in
Office of the Federal Register, instead, understanding this rule. If the rule
FOR FURTHER INFORMATION CONTACT: If
added an editorial note to 33 CFR would affect your small business,
you have questions about this 165.1712 noting the publication of the organization, or governmental
rulemaking, call or email LTJG, Carlos 2014 AMHS Port Valdez Ferry Terminal jurisdiction and you have questions
M. Quintero, MSU Valdez, U.S. Coast rule. concerning its provisions or options for
Guard; telephone 907–835–7209, email The purpose of this rule is to compliance, please contact the person
Carlos.M.Quintero@uscg.mil. republish that 2014 rule, without listed in the FOR FURTHER INFORMATION
SUPPLEMENTARY INFORMATION: change, to a different section number so CONTACT section. Small businesses may
I. Table of Abbreviations that it can be codified into the Code of send comments on the actions of federal
Federal Regulations. employees who enforce, or otherwise
AMHS Alaska Marine Highway System determine compliance with, federal
The authority to re-issue this safety
CFR Code of Federal Regulations
DHS Department of Homeland Security zone is 33 U.S.C. 1231. This safety zone regulations to the Small Business and
FR Federal Register continues to be necessary to provide for Agriculture Regulatory Enforcement
§ Section the safety of life, property and the Ombudsman and the Regional Small
U.S.C. United States Code environment during periods of vessel Business Regulatory Fairness Boards.
traffic congestion during a declared The Ombudsman evaluates these
II. Background Information and Commercial Salmon Fishery Opener. actions annually and rates each agency’s
amozie on DSK3GDR082PROD with RULES
Regulatory History responsiveness to small business. If you
V. Regulatory Analyses
The Coast Guard is issuing this rule wish to comment on actions by
without prior notice and opportunity to We developed this rule after employees of the Coast Guard, call 1–
comment pursuant to authority under considering numerous statutes and 888–REG–FAIR (1–888–734–3247). The
section 4(a) of the Administrative Executive orders related to rulemaking. Coast Guard will not retaliate against
Procedure Act (5 U.S.C. 553(b)). This Below we summarize our analyses small entities that question or complain
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![Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32209
about this rule or any policy or action republication, without change, of a Alaska Marine Highway System,
of the Coast Guard. previously published rule. It is including, but not limited to: M/V
categorically excluded from further AURORA, M/V CHENEGA, M/V
C. Collection of Information
review under paragraph L60a of COLUMBIA, M/V FAIRWEATHER, M/V
This rule will not call for a new Appendix A, Table 1 of DHS Instruction KENNICOTT, M/V LECONTE, M/V
collection of information under the Manual 023–01–001–01, Rev. 01. A LITUYA, M/V MALASPINA, M/V
Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration MATANUSKA, M/V TAKU and M/V
U.S.C. 3501–3520). supporting this determination is TUSTUMENA.
D. Federalism and Indian Tribal available in the docket where indicated (d) Regulations. (1) The general
Governments under ADDRESSES. regulations contained in 33 CFR 165.23,
List of Subjects in 33 CFR Part 165 as well as the requirements in
A rule has implications for federalism paragraphs (d)(2) through (5) of this
under Executive Order 13132, Harbors, Marine safety, Navigation section, apply.
Federalism, if it has a substantial direct (water), Reporting and recordkeeping (2) No vessels, except for AMHS
effect on the States, on the relationship requirements, Security measures, ferries and vessels owned or operated by
between the national government and Waterways. AMHS will be allowed to transit the
the states, or on the distribution of For the reasons discussed in the safety zone without the permission of
power and responsibilities among the preamble, the Coast Guard amends 33 the COTP Prince William Sound or the
various levels of government. We have CFR part 165 as follows: designated representative during
analyzed this rule under that Order and periods of enforcement.
have determined that it is consistent PART 165—REGULATED NAVIGATION (3) All persons and vessels shall
with the fundamental federalism AREAS AND LIMITED ACCESS AREAS comply with the instructions of the
principles and preemption requirements COTP or the designated representative.
described in Executive Order 13132. ■ 1. The authority citation for part 165
continues to read as follows: Upon being hailed by a U.S. Coast
Also, this rule does not have tribal Guard vessel or other official patrol
implications under Executive Order Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
vessel by siren, radio, flashing light or
13175, Consultation and Coordination 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation other means, the operator of the hailed
with Indian Tribal Governments, vessel shall proceed as directed.
because it does not have a substantial No. 0170.1.
■ 2. Add § 165.1714 to read as follows: (4) Vessel operators desiring to enter
direct effect on one or more Indian or operate within the regulated area may
tribes, on the relationship between the § 165.1712a Safety Zone; Alaska Marine contact the COTP or the designated
Federal Government and Indian tribes, Highway System Port Valdez Ferry representative via VHF channel 16 or
or on the distribution of power and Terminal, Port Valdez; Valdez, AK. 907–835–7205 (Prince William Sound
responsibilities between the Federal (a) Location. The following area is a Vessel Traffic Service) to request
Government and Indian tribes. If you safety zone: All navigable waters of Port permission to do so.
believe this rule has implications for Valdez extending 200 yards in all (5) The COTP, Prince William Sound
federalism or Indian tribes, please directions from the edges of the Alaska may be aided by other Federal, state,
contact the person listed in the FOR Marine Highway System Terminal dock borough, and local law enforcement
FURTHER INFORMATION CONTACT section located in Port Valdez at 61°07′26″ N officials in the enforcement of this
above. and 146°21′50″ W. regulation. In addition, members of the
E. Unfunded Mandates Reform Act (b) Enforcement period. The rule will Coast Guard Auxiliary may be present to
be enforced whenever there is an Alaska inform vessel operators of this
The Unfunded Mandates Reform Act Marine Highway System Ferry vessel
of 1995 (2 U.S.C. 1531–1538) requires regulation.
transiting within the area described in
federal agencies to assess the effects of paragraph (a) of this section and there Dated: July 6, 2018.
their discretionary regulatory actions. In is a Commercial Salmon Fishery Opener M.R. Franklin,
particular, the Act addresses actions that includes the navigable waters Commander, U.S. Coast Guard, Captain of
that may result in the expenditure by a within the safety zone. Each the Port, Prince William Sound.
state, local, or tribal government, in the enforcement period will be announced [FR Doc. 2018–14863 Filed 7–11–18; 8:45 am]
aggregate, or by the private sector of by a broadcast notice to mariners when BILLING CODE 9110–04–P
$100,000,000 (adjusted for inflation) or the Commercial Salmon Fishery Opener
more in any one year. Though this rule is announced.
will not result in such an expenditure, (c) Definitions. The following ENVIRONMENTAL PROTECTION
we do discuss the effects of this rule definitions apply to this section: AGENCY
elsewhere in this preamble. (1) The term ‘‘designated
representative’’ means any Coast Guard 40 CFR Part 52
F. Environment
commissioned, warrant or petty officer
We have analyzed this rule under of the U.S. Coast Guard who has been [EPA–R03–OAR–2017–0152; FRL–9980–
Department of Homeland Security designated by the Captain of the Port, 62—Region 3]
Directive 023–01 and Commandant Prince William Sound, to act on his or
Instruction M16475.1D, which guide the Approval and Promulgation of Air
her behalf.
Coast Guard in complying with the (2) The term ‘‘official patrol vessel’’ Quality Implementation Plans;
National Environmental Policy Act of may consist of any Coast Guard, Coast Delaware; Interstate Transport
amozie on DSK3GDR082PROD with RULES
1969 (42 U.S.C. 4321–4370f), and have Guard Auxiliary, state, or local law Requirements for the 2012 Fine
determined that this action is one of a enforcement vessels assigned or Particulate Matter Standard
category of actions that do not approved by the COTP, Prince William AGENCY: Environmental Protection
individually or cumulatively have a Sound. Agency (EPA).
significant effect on the human (3) The term ‘‘AMHS vessel’’ means
ACTION: Final rule.
environment. This rule involves the any vessel owned or operated by the
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Document Created: 2018-11-06 10:22:21
Document Modified: 2018-11-06 10:22:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 12, 2018. | |
| Contact | If you have questions about this rulemaking, call or email LTJG, Carlos M. Quintero, MSU Valdez, U.S. Coast Guard; telephone 907-835-7209, email [email protected] | |
| FR Citation | 83 FR 32208 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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