Safety Zone; Port Valdez, Alaska Maritime Highway System Ferry Terminal, 44472-44475 [2012-18453]
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
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.
tkelley on DSK3SPTVN1PROD with RULES
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.
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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 safety zone. 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
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T13–226 to read as
follows:
■
§ 165.T13–226 Safety Zone; Seafair Blue
Angels Air Show Performance, Seattle, WA.
(a) Location. The following area is
designated as a safety zone: Lake
Washington, Seattle, WA. All waters of
Lake Washington encompassed by the
following points: 47°36′17.28″ N,
122°16′58.56″ W, thence east to point
47°36′17.28″ N, 122°14′49.44″ W, thence
south to point 47°35′45.3″ N,
122°14′49.44″ W, thence south west
along the shore line to the I–90 bridge
at point, 47°35′23.16″ N, 122°15′17.1″
W, thence west along the I–90 bridge to
point, 47°35′25.44″ N, 122°17′9.48″ W,
and north along the shoreline back to
the point of origin.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart C, no person or vessel may
enter or remain in the safety zone
created by this section without the
permission of the Captain of the Port
(COTP) or his Designated
Representative. Designated
Representatives are Coast Guard
Personnel authorized by the Captain of
the Port to grant persons or vessels
permission to enter or remain in the
safety zone created by this section. See
33 CFR part 165, subpart C, for
additional information and
requirements. The COTP may be
assisted by other federal, state or local
agencies with the enforcement of this
safety zone.
(c) Effective Period. This rule is
effective from 9:00 a.m. on August 2,
2012 through 4:00 p.m. on August 5,
2012.
Dated: July 19, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–18450 Filed 7–27–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0641]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
RIN 1625–AA00
1. The authority citation for part 165
continues to read as follows:
Safety Zone; Port Valdez, Alaska
Maritime Highway System Ferry
Terminal
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
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AGENCY:
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Coast Guard, DHS.
30JYR1
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
ACTION:
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone
encompassing the navigable waters
within a 200-yard radius of the Alaska
Marine Highway System (AMHS)
Terminal in Port Valdez when an AMHS
Ferry is arriving or departing when
there is an ongoing fishing opener that
includes the navigable waters within a
200-yard radius of the AMHS Ferry
Terminal. This safety zone is necessary
to provide for the safety of passenger
vessels and fishing vessels in the area
during periods of increased vessel
traffic. The purpose of the safety zone is
to restrict non-ferry vessel traffic from
entering a 200-yard radius of the AMHS
Ferry Terminal while the ferry is within
200-yards of the pier. Persons desiring
to transit within these safety zones must
contact the Captain of the Port, Prince
William Sound, Alaska or the
designated on scene representative on
VHF channel 13 (156.650 MHz) to
receive permission.
DATES: This temporary final rule will
remain in effect from July 8, 2012, until
August 1, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket (COTP Prince
William Sound USCG–2012–0641) and
are available for inspection or copying
at USCG Marine Safety Unit Valdez
Office, Valdez, AK between 8 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Danielle Wiley, Chief, Waterways
Management, USCG Marine Safety Unit
Valdez, at (907) 835–7223, email
danielle.f.wiley@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (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 (NPRM)
with respect to this rule because fishing
openers in Prince William Sound,
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which includes the Port of Valdez, are
announced the evening before the
opener by the Alaska Department of
Fish and Game, which does not afford
time for public feedback on a safety
zone that will be in effect only when
that opener includes the area of Port
Valdez that includes the AMHS
Terminal.
In the past, during the month of July,
the Alaska Department of Fish and
Game has announced fishing openers in
the Port of Valdez with less than less
than 24 hours advance notice.
Furthermore, there have been instances
when ferries arriving/departing the
AMHS Ferry Terminal have
encountered fishing vessels holding
station and setting nets in positions that
created safety hazards for the passenger
vessels that were trying to safely
maneuver to and from the pier. Any
delay encountered in this regulation’s
effective date by publishing a NPRM
would be contrary to public interest,
since immediate action is needed to
provide for the safety of life and
property on navigable waters during
these fishing openers.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds, for the reasons noted
above, that good cause exists for making
this rule effective less than 30 days after
publication in the Federal Register.
an Alaska Department of Fish and Game
fish opener that includes the 200-yard
radius surrounding the AMHS pier. The
limited size and duration of the zone is
designed to minimize the impact on
other vessels transiting the waters of
Port Valdez.
Basis and Purpose
The legal basis for this rule is 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. which
collectively authorize the Coast Guard
to define regulatory safety zones.
The safety zone is necessary to protect
all vessels operating in the vicinity of
the AMHS Ferry Terminal. The safety
zone will terminate whenever a
departing ferry vessel is more than 200
yards from the AMHS Ferry Terminal.
The safety zone will also terminate
whenever an arriving ferry vessel moors
to the pier. The impact of this rule on
commercial and recreational traffic is
expected to be minimal because of the
limited area and duration of the safety
zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
The ruling will affect the following
entities, some of which may be small
entities: Recreational, ferry, and fishing
vessels for very short periods of time
and improve the safe operations for all
parties involved by reducing risk to life
and property. This rule will only be
enforced during an AMHS ferry’s arrival
or departure from the AMHS Ferry
Terminal from July 3, 2012, until
August 1, 2012, and from the time a fish
opener begins until it expires. Vessel
traffic can pass safely around the zone.
Before the effective period, we will
issue maritime advisories widely
available to users of Port Valdez via
VHF CH 13. Broadcast Notice to
Discussion of Rule
The Coast Guard is establishing a
temporary 200-yard safety zone around
the AMHS Ferry Terminal at position
61°07′26″ N and 146°21′50″ W in the
navigable waters of Port Valdez. The
zone will only be in effect when a ferry
vessel is within 200 yards of the AMHS
Ferry Terminal, between July 3, 2012,
and August 1, 2012, and when there is
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Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12886, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). This finding is based on the
limited size and duration of the safety
zone which will have minimal, if any,
impact on vessels transiting the waters
of Prince William Sound and Port
Valdez.
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
Mariners will also be made on CH 16.
All indications are that there will be
minimal impact to small entities.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
tkelley on DSK3SPTVN1PROD with RULES
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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.
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
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Jkt 226001
Interference with Constitutionally
Protected Property Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g) of the Instruction. Under figure
2–1, paragraph (34)(g), of the
Instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ have been
completed and are 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
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.
2. Add § 165.T17–0641 to read as
follows:
■
§ 165.T17–0641 Safety Zone; Port Valdez,
Alaska Marine Highway System Ferry
Terminal.
(a) Location. The following area is a
safety zone: The navigable waters
within a 200-yard radius of the Alaska
Marine Highway System Ferry Terminal
in the Port of Valdez.
(b) Effective period. The safety zone in
this section will be enforced from July
8, 2012, through August 1, 2012, when
there is an Alaska Marine Highway
System Ferry within the safety zone and
there is a fishing opener that includes
the navigable waters within the safety
zone during these dates.
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
(c) Regulations. For the purpose of
this section, the general regulations
contained in 33 CFR 165.23 apply to all
but the following vessels in the areas
described in paragraph (a), (b), or (c):
(1) Alaska Marine Highway System
Ferries.
(2) Vessels that obtain permission
through the Duty Officer at Marine
Safety Unit Valdez, who can be
contacted at (907) 831–0236.
(3) Vessels that obtain permission
from the Captain of the Port, who may
authorize and designate any Coast
Guard commissioned, warrant, or petty
officer to act on his behalf in enforcing
the safety zone.
Dated: July 8, 2012.
B.J. Hawkins,
Commander, U.S. Coast Guard, Captain of
the Port, Prince William Sound.
[FR Doc. 2012–18453 Filed 7–27–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1126]
RIN 1625–AA87
Security Zones; Seattle’s Seafair Fleet
Week Moving Vessels, Puget Sound,
WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
Seattle’s Seafair Fleet Week Moving
Vessels Security Zones from 12:00 p.m.
on July 31, 2012 through 5:00 p.m. on
August 6, 2012. These security zones are
necessary to help ensure the security of
the vessels from sabotage or other
subversive acts during Seafair Fleet
Week Parade of Ships. The Designated
participating vessels are: the HMCS
NANAIMO (NCSM 702), the HMCS
EDMONTON (NCSM 703), the HMCS
ORIOLE, and the USCGC STRATTON
(WMSL 752). During the enforcement
period, no person or vessel may enter or
remain in the security zones without the
permission of the COTP or a Designated
Representative. The COTP has granted
general permission for vessels to enter
the outer 400 yards of the security zones
as long as those vessels within the outer
400 yards of the security zones operate
at the minimum speed necessary to
maintain course unless required to
maintain speed by the navigation rules.
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SUMMARY:
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This rule will be enforced from
12:00 p.m. on July 31, 2012 thru
5:00 p.m. on August 6, 2012 unless
canceled sooner by the Captain of the
Port.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1126 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1126 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 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 temporary
rule, call or email Lieutenant Junior
Grade Anthony P. LaBoy, Sector Puget
Sound, Waterways Management
Division, U.S. Coast Guard; telephone
206–217–6323, email
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the security zones
for Seattle’s Seafair Fleet Week Moving
Vessels within the Captain of the Port,
Puget Sound Area of Responsibility in
33 CFR 165.1333 from 12:00 p.m. on
July 31, 2012 through 5:00 p.m. on
August 6, 2012.
Under the provisions of 33 CFR
165.1333, the following areas are
security zones: All navigable waters
within 500 yards of the HMCS
NANAIMO (NCSM 702), HMCS
EDMONTON (NCSM 703), HMCS
ORIOLE, and the USCGC STRATTON
(WMSL 752) while each vessel is in the
Sector Puget Sound COTP Zone. No
person or vessel may enter or remain in
the security zones described in
paragraph (a) of this section without the
permission of the COTP or his
Designated Representative.
The COTP has granted general
permission for vessels to enter the outer
400 yards of the security zones as long
as those vessels within the outer 400
yards of the security zones operate at
the minimum speed necessary to
maintain course unless required to
maintain speed by the navigation rules.
The COTP may be assisted by other
federal, state or local agencies with the
enforcement of the security zones.
All vessel operators who desire to
enter the inner 100 yards of the security
zones or transit the outer 400 yards at
DATES:
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44475
greater than minimum speed necessary
to maintain course must obtain
permission from the COTP or his
Designated Representative by contacting
the on-scene Coast Guard patrol craft on
VHF 13 or Channel 16. Requests must
include the reason why movement
within this area is necessary. Vessel
operators granted permission to enter
the security zones will be escorted by
the on-scene Coast Guard patrol craft
until they are outside of the security
zones.
This notice is issued under authority
of 33 CFR 165.1333 and 5 U.S.C. 552(a).
In addition to this notice, the Coast
Guard will provide the maritime
community with extensive advanced
notification of the security zones via the
Local Notice to Mariners and marine
information broadcasts on the day of the
event.
Dated: July 17, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–18570 Filed 7–27–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[CFDA Number: 84.282P]
Final Definitions, Requirements, and
Selection Criteria; Charter Schools
Program (CSP)—Charter School
Exemplary Collaboration Awards
Office of Innovation and
Improvement, Department of Education.
ACTION: Final definitions, requirements,
and selection criteria.
AGENCY:
The Assistant Deputy
Secretary for Innovation and
Improvement announces final
definitions, requirements, and selection
criteria under the Charter Schools
Program—Charter School Exemplary
Collaboration Awards (Collaboration
Awards). The Assistant Deputy
Secretary may use one or more of these
definitions, requirements, and selection
criteria for competitions in fiscal year
(FY) 2012 and later years. We take this
action to create incentives for highquality charter schools to collaborate
with non-chartered public schools and
non-chartered local educational
agencies (LEAs) to share and transfer
best educational and operational
practices at the elementary and
secondary school levels; and
disseminate information about these
collaborations nationwide.
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44472-44475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18453]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0641]
RIN 1625-AA00
Safety Zone; Port Valdez, Alaska Maritime Highway System Ferry
Terminal
AGENCY: Coast Guard, DHS.
[[Page 44473]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the navigable waters within a 200-yard radius of the
Alaska Marine Highway System (AMHS) Terminal in Port Valdez when an
AMHS Ferry is arriving or departing when there is an ongoing fishing
opener that includes the navigable waters within a 200-yard radius of
the AMHS Ferry Terminal. This safety zone is necessary to provide for
the safety of passenger vessels and fishing vessels in the area during
periods of increased vessel traffic. The purpose of the safety zone is
to restrict non-ferry vessel traffic from entering a 200-yard radius of
the AMHS Ferry Terminal while the ferry is within 200-yards of the
pier. Persons desiring to transit within these safety zones must
contact the Captain of the Port, Prince William Sound, Alaska or the
designated on scene representative on VHF channel 13 (156.650 MHz) to
receive permission.
DATES: This temporary final rule will remain in effect from July 8,
2012, until August 1, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (COTP Prince William Sound USCG-2012-
0641) and are available for inspection or copying at USCG Marine Safety
Unit Valdez Office, Valdez, AK between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Danielle Wiley, Chief, Waterways
Management, USCG Marine Safety Unit Valdez, at (907) 835-7223, email
danielle.f.wiley@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (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 (NPRM)
with respect to this rule because fishing openers in Prince William
Sound, which includes the Port of Valdez, are announced the evening
before the opener by the Alaska Department of Fish and Game, which does
not afford time for public feedback on a safety zone that will be in
effect only when that opener includes the area of Port Valdez that
includes the AMHS Terminal.
In the past, during the month of July, the Alaska Department of
Fish and Game has announced fishing openers in the Port of Valdez with
less than less than 24 hours advance notice. Furthermore, there have
been instances when ferries arriving/departing the AMHS Ferry Terminal
have encountered fishing vessels holding station and setting nets in
positions that created safety hazards for the passenger vessels that
were trying to safely maneuver to and from the pier. Any delay
encountered in this regulation's effective date by publishing a NPRM
would be contrary to public interest, since immediate action is needed
to provide for the safety of life and property on navigable waters
during these fishing openers.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds, for the reasons
noted above, that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
Basis and Purpose
The legal basis for this rule is 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. which collectively authorize the Coast
Guard to define regulatory safety zones.
The safety zone is necessary to protect all vessels operating in
the vicinity of the AMHS Ferry Terminal. The safety zone will terminate
whenever a departing ferry vessel is more than 200 yards from the AMHS
Ferry Terminal. The safety zone will also terminate whenever an
arriving ferry vessel moors to the pier. The impact of this rule on
commercial and recreational traffic is expected to be minimal because
of the limited area and duration of the safety zone.
Discussion of Rule
The Coast Guard is establishing a temporary 200-yard safety zone
around the AMHS Ferry Terminal at position 61[deg]07'26'' N and
146[deg]21'50'' W in the navigable waters of Port Valdez. The zone will
only be in effect when a ferry vessel is within 200 yards of the AMHS
Ferry Terminal, between July 3, 2012, and August 1, 2012, and when
there is an Alaska Department of Fish and Game fish opener that
includes the 200-yard radius surrounding the AMHS pier. The limited
size and duration of the zone is designed to minimize the impact on
other vessels transiting the waters of Port Valdez.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12886, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). This finding is based on the limited size and duration
of the safety zone which will have minimal, if any, impact on vessels
transiting the waters of Prince William Sound and Port Valdez.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
The ruling will affect the following entities, some of which may be
small entities: Recreational, ferry, and fishing vessels for very short
periods of time and improve the safe operations for all parties
involved by reducing risk to life and property. This rule will only be
enforced during an AMHS ferry's arrival or departure from the AMHS
Ferry Terminal from July 3, 2012, until August 1, 2012, and from the
time a fish opener begins until it expires. Vessel traffic can pass
safely around the zone. Before the effective period, we will issue
maritime advisories widely available to users of Port Valdez via VHF CH
13. Broadcast Notice to
[[Page 44474]]
Mariners will also be made on CH 16. All indications are that there
will be minimal impact to small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
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.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g) of
the Instruction. Under figure 2-1, paragraph (34)(g), of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' have been completed and are
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; 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.T17-0641 to read as follows:
Sec. 165.T17-0641 Safety Zone; Port Valdez, Alaska Marine Highway
System Ferry Terminal.
(a) Location. The following area is a safety zone: The navigable
waters within a 200-yard radius of the Alaska Marine Highway System
Ferry Terminal in the Port of Valdez.
(b) Effective period. The safety zone in this section will be
enforced from July 8, 2012, through August 1, 2012, when there is an
Alaska Marine Highway System Ferry within the safety zone and there is
a fishing opener that includes the navigable waters within the safety
zone during these dates.
[[Page 44475]]
(c) Regulations. For the purpose of this section, the general
regulations contained in 33 CFR 165.23 apply to all but the following
vessels in the areas described in paragraph (a), (b), or (c):
(1) Alaska Marine Highway System Ferries.
(2) Vessels that obtain permission through the Duty Officer at
Marine Safety Unit Valdez, who can be contacted at (907) 831-0236.
(3) Vessels that obtain permission from the Captain of the Port,
who may authorize and designate any Coast Guard commissioned, warrant,
or petty officer to act on his behalf in enforcing the safety zone.
Dated: July 8, 2012.
B.J. Hawkins,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound.
[FR Doc. 2012-18453 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-04-P
