Proposed Rule2024-11044
Safety Zone; Sea Otter Point, Port of Valdez, AK
Primary source
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Published
May 22, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend its regulations titled, Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK. The City of Valdez has changed the annual firework displays from July 4th to December 31st each year. It is therefore necessary to amend the CFR to reflect the correct date of the fireworks display. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
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[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Proposed Rules]
[Pages 44945-44947]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11044]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0023]
RIN 1625-AA11
Safety Zone; Sea Otter Point, Port of Valdez, AK
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its regulations titled,
Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez,
AK. The City of Valdez has changed the annual firework displays from
July 4th to December 31st each year. It is therefore necessary to amend
the CFR to reflect the correct date of the fireworks display. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0023 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
rulemaking, call or email LTJG Abigail Ferrara, Waterways Management
Division, U.S. Coast Guard; 907-835-7209, email
<a href="/cdn-cgi/l/email-protection#f2b3909b95939b9edcb1dcb4978080938093b287819195dc9f9b9e"><span class="__cf_email__" data-cfemail="81c0e3e8e6e0e8edafc2afc7e4f3f3e0f3e0c1f4f2e2e6afece8ed">[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, Purpose, and Legal Basis
The Coast Guard began issuing temporary final rules establishing
safety zones during the Valdez July 4th fireworks display beginning in
2014. The Coast Guard received no comments or concerns from the public
when the temporary safety zones were in place. Due to the repeating
nature of the event, on February 28, 2017, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; City of Valdez
July 4th Fireworks, Port Valdez; Valdez, AK (82 FR 12076). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this fireworks display. Since then, the
City of Valdez has changed the firework display from July 4th to
December 31st. The Coast Gurd again began issuing temporary final rules
annually for the new date. Again, due to the repeating nature of the
event, we are issuing this NPRM to change the date and time to reflect
the correct event details.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 200-yard radius of the firework
display before, during, and after the scheduled event. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to amend 33 CFR part 165.1713, titled Safety
Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK to
reflect the actual date of the fireworks display of December 31st. The
time of the safety zone would change to 7:30 p.m. to 9:00 p.m. The
safety zone would still encompass all navigable waters of Port Valdez
within a 200-yard radius from a position of 61[deg]07'22'' N and
146[deg]21'13'' W. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. 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 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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on extremely limited
vessel traffic in the winter months, as well as the size, location,
time of day, and duration of the safety zone. Furthermore, vessels may
request authorization to transit through the safety zone with the
permission of the COTP, Prince William Sound, Alaska. The Coast Guard
will still issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it,
[[Page 44946]]
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
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 proposed 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. 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.
C. Collection of Information
This proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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 Changing
the date and shortening the duration of an existing safety zone, which
prohibits traffic within 200 yards of a firework display. Normally such
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0023 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 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. Revise Sec. 165.1713 Safety Zone; City of Valdez July 4th
Fireworks, Port Valdez; Valdez, AK. to read as follows:
[[Page 44947]]
Sec. 165.1713 Safety Zone; City of Valdez Annual Fireworks Display
within the Captain of the Port, Prince William Sound Zone, Port Valdez;
Valdez, AK.
(a) Regulated area. The following area is a safety zone: All waters
of Port Valdez, from surface to bottom, within a 200-yard radius from a
position of 61[deg]07'22'' N and 146[deg]21'13'' W. These coordinates
are based on the 1984 World Geodetic System (WGS 84). This includes the
entrance to the Valdez small boat harbor.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant or petty officer of the U.
S. Coast Guard and a Federal, State, and local officer designated by or
assisting the Captain of the Port Prince William Sound (COTP) in the
enforcement of the safety zone. 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.
(c) Regulations. (1) The general safety zone regulations contained
in subpart C of this part, as well as the following regulations, apply.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP 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
designated representative by siren, radio, flashing light, or other
means, the operator of the vessel shall proceed as directed.
(4) Anyone desiring to enter or operate within the regulated area
may request permission from the COTP via VHF Channel 16 or (907) 835-
7205 (Prince William Sound Vessel Traffic Center) to request permission
to do so.
(5) The COTP may be aided by other Federal, state, borough, and
local law enforcement officials in the enforcement of this regulation.
(d) Enforcement Period. This section will be enforced from 7:30
p.m. until 9:00 p.m. on December 31st of each year, or during the same
time frame on specified weather delay dates January 1st through January
5th each year.
Dated: May 15, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound.
[FR Doc. 2024-11044 Filed 5-21-24; 8:45 am]
BILLING CODE 9110-04-P
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