[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32208-32209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14863]



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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.

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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

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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


