32208 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

RIN 1625–AA00 

[Docket Number USCG–2018–0578] 

Safety Zone; Alaska Marine Highway 

System Port Valdez Ferry Terminal, 

Port Valdez; Valdez, AK 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

republishing its 2014 rule that 

established a permanent safety zone on 

the navigable waters of Port Valdez 

within a 200-yard radius of the Alaska 

Marine Highway System (AMHS) Port 

Valdez Ferry Terminal. The safety zone 

restricts all vessels except AMHS 

vessels from entering within 200-yards 

of the AMHS Port Valdez Ferry 

Terminal whenever an AMHS ferry is 

underway within 200 yards of the 

terminal and there is a declared 

Commercial Salmon Fishery Opener. 

This safety zone is necessary to provide 

for the safety of life, property and the 

environment during periods of vessel 

traffic congestion during a declared 

Commercial Salmon Fishery Opener. 

DATES: This rule is effective July 12, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0578 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email LTJG, Carlos 

M. Quintero, MSU Valdez, U.S. Coast 

Guard; telephone 907–835–7209, email 

Carlos.M.Quintero@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

AMHS Alaska Marine Highway System 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

§ 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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Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32209 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

state, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

republication, without change, of a 

previously published rule. It is 

categorically excluded from further 

review under paragraph L60a of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Add § 165.1714 to read as follows: 

§ 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°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) 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0152; FRL–9980– 

62—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Interstate Transport 

Requirements for the 2012 Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


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