
[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Rules and Regulations]
[Pages 6468-6470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02219]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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 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 March 6, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0365]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Jason A. Smiley, Waterways Management 
Division, U.S. Coast Guard Marine Safety Unit Valdez, telephone 907-
835-7223, email jason.a.smiley@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
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. Regulatory History and Information

    On February 1, 2013, we published a notice of proposed rulemaking 
(NPRM) in the Federal Register (78 FR 7336). We received no comments on 
the proposed rule. No public meeting was requested and none was held.

B. Basis and Purpose

    The legal basis for the 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.
    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 disseminate news of the safety 
zone to affected waterway users.
    Given that, the Coast Guard proposed to establish a permanent 
safety zone 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.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received. No changes were made to the regulatory 
text as published in the NPRM.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This 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 safety zone will be of short duration. The safety 
zone will 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 will be able to navigate around the safety zone. Furthermore, 
vessels may be authorized to transit through the safety zone with the 
permission of the COTP.

[[Page 6469]]

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business 
Administration on this rule. 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.
    This 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 safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
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 safety zone. 
Before the activation of the zone, we would issue maritime advisories 
widely available to users of the waterway.

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 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.
    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.

4. 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).

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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

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

14. 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 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 establishment of a permanent safety 
zone on the navigable waters of Port Valdez. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An 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 rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 6470]]

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.  165.1712 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) 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: January 9, 2013.
Benjamin J. Hawkins,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound.
[FR Doc. 2014-02219 Filed 2-3-14; 8:45 am]
BILLING CODE 9110-04-P


