Rule2022-27801
Safety Zone; Fireworks Display, Sea Otter Point, Port of Valdez, AK
Primary source
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Published
December 23, 2022
Effective
December 31, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone in the navigable waters from the surface to seabed, within a 150 yard radius of the fireworks launching point located at Sea Otter Point in position 61[deg]07'22" North and 146[deg]21'13" West in the vicinity of the mouth of the Small Boat Harbor, Port of Valdez, Alaska, to limit access for the duration of the New Year's fireworks display. The safety zone is needed to protect mariners and vessels from potential hazards during the fireworks display.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78869-78871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27801]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0217]
RIN 1625-AA00
Safety Zone; Fireworks Display, Sea Otter Point, Port of Valdez,
AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters from the surface to seabed, within a 150 yard radius
of the fireworks launching point located at Sea
[[Page 78870]]
Otter Point in position 61[deg]07'22'' North and 146[deg]21'13'' West
in the vicinity of the mouth of the Small Boat Harbor, Port of Valdez,
Alaska, to limit access for the duration of the New Year's fireworks
display. The safety zone is needed to protect mariners and vessels from
potential hazards during the fireworks display.
DATES: This rule is effective from 9:50 p.m. through 10:45 p.m. on
December 31, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0217 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Christian R. Heming, Waterways Management Division,
U.S. Coast Guard; 907-835-7229, email <a href="/cdn-cgi/l/email-protection#91d2f9e3f8e2e5f8f0ffbfc3bfd9f4fcf8fff6d1e4e2f2f6bffcf8fd"><span class="__cf_email__" data-cfemail="7033180219030419111e5e225e38151d191e1730050313175e1d191c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Prince William Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 publishing an NPRM would be impracticable
and contrary to the public interest since immediate action is needed to
minimize potential danger to the public during the event. Any delay in
the effective date of this rule could prevent this community event from
occurring or present a safety risk to people and vessels in the
vicinity of the fireworks display. The Coast Guard will issue a
broadcast notice to mariners to advise mariners of the zone and on-
scene Coast Guard assets will provide notice to mariners.
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. Delaying the effective date of
this rule could prevent this community event from occurring or present
a safety risk to people and vessels in the vicinity of the fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Prince
William Sound (COTP) has determined that potential hazards associated
with the New Year's fireworks display will be a safety concern for
anyone within a 150-yard radius of the fireworks launch site at Sea
Otter Point. The safety zone is necessary to provide notice of the
hazards presented by the fireworks display in order to achieve the goal
of enhancing the safety of people and vessels attending the event in
the navigable waters in the vicinity of the fireworks launching site.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:50 p.m. through 10:45
p.m. on December 31, 2022. The safety zone will cover all navigable
waters within 150 yards of the locations where the fireworks will be
launched at Sea Otter Point. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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, and we
discuss First Amendment rights of protestors.
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. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
would impact a small designated area of Port Valdez for a duration less
than 1 hour. Vessel traffic is rare and normally low for this time of
year at the Port of Valdez. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email 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 about this rule or any policy or
action of the Coast Guard.
[[Page 78871]]
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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 a
safety zone lasting approximately one hour that will prohibit entry
within 150 yards of the launching site at Sea Otter Point, located near
the entrance of the Small Boat Harbor in Port of Valdez, AK. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T17-0217 to read as follows:
Sec. 165.T17-0217 Safety Zone; Fireworks Display, Sea Otter Point,
Port of Valdez, AK.
(a) Location. The following area is a safety zone: All navigable
waters, from the surface to the seabed, of Port Valdez within a 150-
yard radius from a position of 61[deg]07'22'' N and 146[deg]21'13'' W.
This includes the entrance to the Port Valdez small boat harbor.
(b) Definitions. The following definition applies to this section:
``Designated representative'' means any commissioned, warrant, and
petty officer of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port
Prince William Sound.
(c) Regulations. (1) Under the general regulations contained in
subpart C of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Prince William Sound or his designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Coast Guard Captain of the Port Prince William
Sound or his designated representative.
(3) Upon being hailed by a U.S. Coast Guard vessel or designated
representative by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed.
(4) Persons desiring to enter the safety zone may request
permission from the Captain of the Port Prince William Sound via VHF
Channel 13 or via telephone at (907) 835-7205.
(5) The Coast Guard will issue a broadcast notice to mariners to
advise mariners of the temporary safety zone and on-scene Coast Guard
representatives will provide notice to mariners during the event.
(d) Enforcement period. This rule will be enforced from 9:50 p.m.
to 10:45 p.m. on December 31, 2022.
Dated: December 12, 2022.
P.A. Drayer,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound.
[FR Doc. 2022-27801 Filed 12-22-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.