Safety Zone; Alaska Marine Highway System Port Valdez Ferry Terminal, Port Valdez; Valdez, AK, 7336-7339 [2013-02211]
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
current industry practices on facility
interactions with port authorities, State
and local law enforcement agencies, and
the Coast Guard. We are also interested
in any information and data about the
costs associated with these approaches
as well as any potential benefit. These
comments may assist us in formulating
policy as we consider a future
rulemaking to implement Section 822.
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FVA Sharing Alternatives
• Require each MTSA-regulated
facility owner or operator to make a
copy of the current FVA available to the
cognizant Coast Guard Captain of the
Port, port authority, and State and local
law enforcement agencies, upon request.
The owner or operator would share the
FVA via electronically secured transfer.
Do facilities store FVAs electronically?
Are you able to save them as an
encrypted or password-protected file?
• Require each MTSA-regulated
facility owner or operator to proactively
provide a copy of the current FVA to the
port authority and State and local law
enforcement agencies at a prescribed
time interval (as opposed to making
copies of FVAs available to the port
authorities and law enforcement upon
request). The owner or operator would
share the FVA via electronically secured
transfer.
Are you able to encrypt or passwordprotect the FVA electronic copy and/or
deliver it on a password-protected CD,
flash drive, or other storage medium?
• Require each MTSA-regulated
facility owner or operator to share the
current FVA with the port authority and
State and local law enforcement
agencies annually at the annual exercise
required under 33 CFR 105.220 or at a
newly required annual FVA sharing
meeting.
• Require each MTSA-regulated
facility owner or operator to share the
current FVA with the port authority and
State and local law enforcement
agencies during the regularly scheduled
5-year resubmission process of the
Facility Security Plan (FSP).
• In addition to the requirement to
share the current FVA, require each
MTSA-regulated facility owner or
operator to make the Security Measures
Summary (CG–6025) available to the
relevant government authorities and law
enforcement agencies for review at the
end of the required annual exercise or
equivalent (33 CFR 105.220).
• In addition to the requirement to
share the current FVA, require each
MTSA-regulated facility owner or
operator to update the FSP to
incorporate FVA-sharing measures.
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Security System Integration Alternatives
• Require each MTSA-regulated
facility owner or operator to have and
demonstrate via annual exercises the
ability to provide manual alerts
regarding a TSI to appropriate State and
local law enforcement agencies and the
Coast Guard.
Is 15 minutes a reasonable estimate of
the additional time needed to comply
with this requirement?
• Require each MTSA-regulated
facility owner or operator to have and
demonstrate via annual exercises the
ability to provide automated alerts
regarding a TSI to appropriate State and
local law enforcement agencies and the
Coast Guard.
Is 15 minutes a reasonable estimate of
the additional time needed to comply
with this requirement?
• Require each MTSA-regulated
facility owner or operator to make
security data feeds regarding a TSI (e.g.,
alerts, video feeds, alarms, etc.)
available to appropriate State and local
law enforcement agencies and the Coast
Guard.
Do appropriate levels of technology
exist at both the facility and receiving
government agency to comply with this
requirement, which would consist of
sharing telecommunications
information such as Internet addresses,
phone numbers, passwords, and
encryption codes?
• Require each MTSA-regulated
facility owner or operator to incorporate
a technological solution that integrates
their electronic surveillance and
communications systems with
compatible systems operated or
maintained by the appropriate State and
local law enforcement agencies and the
Coast Guard. There is a range of possible
methods for integrating security
systems, including Internet
connectivity, dedicated telephone lines,
and other forms of security system
integration.
Information Requested
1. We request comments on the
feasibility, costs, and benefits of each of
the preliminary alternatives described
above. Please be as specific as possible.
For estimates of costs a break-out by
specific cost element would be
preferable to a lump sum. For example,
provide separate estimates for the
equipment, number of hours and type of
worker needed to install the equipment
(i.e. master electrician, labor,
supervisor), number of hours and type
of employee (i.e., trainer, mid-level
manager) to prepare and execute
training, and on-going maintenance
costs. Cost estimates can be provided as
ranges.
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2. We request comments as to whether
there are any data, literature, or studies
that demonstrate the feasibility, costs,
and benefits of each of the preliminary
alternatives described above.
3. We request comments from MTSAregulated facility owners and operators
regarding current industry practices
with respect to security system
integration between the facility and
State and local law enforcement
agencies, the Coast Guard and,
emergency responders.
4. We request comments as to whether
the requirement to integrate facility
security systems with those of State and
local law enforcement agencies, the
Coast Guard, and emergency responders
should be limited to only those MTSAregulated facilities that are identified in
risk-based and other applicable types of
analyses. If so, please identify the
characteristics of those facilities.
5. Aside from the preliminary
alternatives described above, please
provide any other alternatives on
preferred ways to implement the
requirements in Section 822. For any
such alternatives suggested, please
include information and data as to the
feasibility, costs, and benefits.
6. We request any additional
comments from interested parties on the
subject matter of this notice.
This notice is issued under authority
of 5 U.S.C. 552(a), 46 U.S.C. 70102(c)
and 70124.
Dated: January 25, 2013.
P.F. Thomas,
Director, Inspections and Compliance, U.S.
Coast Guard.
[FR Doc. 2013–02209 Filed 1–31–13; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish 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
SUMMARY:
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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.
Comments and related material
must be received by the Coast Guard on
or before May 2, 2013.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Danielle
F. Wiley, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Valdez, telephone 907–835–
7223, email danielle.f.wiley@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2012–0365] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0365) 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
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our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before April 11, 2013,
using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Regulatory History and Information
In order to prevent near miss
collisions or delays in mooring during
the commercial fishing openers, the
Coast Guard began issuing temporary
final rules to establish temporary safety
zones during Commercial Salmon
Fishery Openers in 2010. The Coast
Guard received no comments or
concerns from the public when the
temporary final rules were in place.
This Notice of Proposed Rule Making
would permanently establish a safety
zone of the exact same size and position
as that which was established under the
temporary final rules.
C. Basis and Purpose
The legal basis for the proposed 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.
We believe a permanent safety zone is
necessary to ensure the safety of vessels
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operating in the vicinity of 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
thoroughly disseminate news of the
safety zone to affected waterway users.
The proposed rule would ensure the
safety of all vessels in the area during
periods of increased vessel traffic
because of the Commercial Salmon
Fishery Opener. The impact of this rule
on commercial and recreational traffic is
expected to be minimal because the
proposed safety zone will restrict access
to only a small portion of the navigable
waters of Port Valdez and for a short
duration.
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D. Discussion of Proposed Rule
The Coast Guard proposes to establish
a 200-yard safety zone around the
AMHS Port Valdez Ferry Terminal at
position 61°07′26″ N; 146°21′50″ W in
the navigable waters of Port Valdez. The
purpose of the safety zone would be 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. The
proposed safety zone would only be
enforced when an AMHS ferry is
underway within 200 yards of the
AMHS Port Valdez Ferry Terminal and
there is a declared Commercial Salmon
Fishery Opener in effect. The limited
size and duration of the proposed safety
zone is designed to minimize the impact
on other vessels transiting the waters of
Port Valdez.
The proposed rule would be enforced
whenever an AMHS ferry vessel is
underway within 200 yards of the
AMHS Port Valdez Ferry Terminal.
Enforcement of the safety zone would
terminate when the ferry vessel is
moored or when the vessel is more than
200 yards away from the terminal.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
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1. Regulatory Planning and Review
This proposed 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 proposed safety zone will be of
short duration. The proposed safety
zone would 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 would be able to navigate
around the proposed safety zone.
Furthermore, vessels may be authorized
to transit through the proposed safety
zone with the permission of the COTP.
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
2. Impact on Small Entities
5. Federalism
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule would not have a significant
economic impact on a substantial
number of small entities.
This proposed 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 proposed safety zone would not
have a significant economic impact on
a substantial number of small entities
for the following reasons. This proposed
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
proposed safety zone. Before the
activation of the zone, we would issue
maritime advisories widely available to
users of the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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8. Taking of Private Property
This proposed rule would 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 proposed 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 from
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
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the human environment. This proposed
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. A preliminary
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
proposed 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 proposes to
amend 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 § 165.1712 to read as follows:
§ 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°07′26″ N
and 146°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) 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) Definition. 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
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7339
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
following regulations, 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 11, 2013.
Benjamin J. Hawkins,
Commander, U.S. Coast Guard, Captain of
the Port, Prince William Sound.
[FR Doc. 2013–02211 Filed 1–31–13; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Proposed Rules]
[Pages 7336-7339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02211]
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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: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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
[[Page 7337]]
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: Comments and related material must be received by the Coast
Guard on or before May 2, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Danielle F. Wiley, Waterways
Management Division, U.S. Coast Guard Marine Safety Unit Valdez,
telephone 907-835-7223, email danielle.f.wiley@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2012-0365] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2012-0365) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 11, 2013, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
In order to prevent near miss collisions or delays in mooring
during the commercial fishing openers, the Coast Guard began issuing
temporary final rules to establish temporary safety zones during
Commercial Salmon Fishery Openers in 2010. The Coast Guard received no
comments or concerns from the public when the temporary final rules
were in place.
This Notice of Proposed Rule Making would permanently establish a
safety zone of the exact same size and position as that which was
established under the temporary final rules.
C. Basis and Purpose
The legal basis for the proposed 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.
We believe a permanent safety zone is necessary to ensure the
safety of vessels
[[Page 7338]]
operating in the vicinity of 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 thoroughly disseminate news of the safety zone to
affected waterway users.
The proposed rule would ensure the safety of all vessels in the
area during periods of increased vessel traffic because of the
Commercial Salmon Fishery Opener. The impact of this rule on commercial
and recreational traffic is expected to be minimal because the proposed
safety zone will restrict access to only a small portion of the
navigable waters of Port Valdez and for a short duration.
D. Discussion of Proposed Rule
The Coast Guard proposes to establish a 200-yard safety zone around
the AMHS Port Valdez Ferry Terminal at position 61[deg]07'26'' N;
146[deg]21'50'' W in the navigable waters of Port Valdez. The purpose
of the safety zone would be 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. The
proposed safety zone would only be enforced when an AMHS ferry is
underway within 200 yards of the AMHS Port Valdez Ferry Terminal and
there is a declared Commercial Salmon Fishery Opener in effect. The
limited size and duration of the proposed safety zone is designed to
minimize the impact on other vessels transiting the waters of Port
Valdez.
The proposed rule would be enforced whenever an AMHS ferry vessel
is underway within 200 yards of the AMHS Port Valdez Ferry Terminal.
Enforcement of the safety zone would terminate when the ferry vessel is
moored or when the vessel is more than 200 yards away from the
terminal.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 proposed safety zone will be of short duration. The
proposed safety zone would 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 would be able to navigate around the
proposed safety zone. Furthermore, vessels may be authorized to transit
through the proposed safety zone with the permission of the COTP.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities.
This proposed 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 proposed safety zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons. This proposed 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 proposed safety zone. Before the activation of the zone, we would
issue maritime advisories widely available to users of the waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
[[Page 7339]]
8. Taking of Private Property
This proposed rule would 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 proposed 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 from Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves 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. A preliminary 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 proposed 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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 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) 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) Definition. 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 following regulations, 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 11, 2013.
Benjamin J. Hawkins,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound.
[FR Doc. 2013-02211 Filed 1-31-13; 8:45 am]
BILLING CODE 9110-04-P
