Rule2024-16821
Safety Zone; Sea Otter Point, Port of Valdez, AK
Primary source
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Published
July 31, 2024
Effective
August 30, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending the regulation 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.
Full Text
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<title>Federal Register, Volume 89 Issue 147 (Wednesday, July 31, 2024)</title>
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[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Rules and Regulations]
[Pages 61346-61348]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16821]
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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: Final rule.
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SUMMARY: The Coast Guard is amending the regulation 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.
DATES: rule is effective August 30, 2024.
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-
2024-0023 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 about this rule,
call or email LT Abigail Ferrara, Marine Safety Unit Valdez, US Coast
Guard. Telephone 907-835-7209, email <a href="/cdn-cgi/l/email-protection#df9ebdb6b8beb6b3f19cf199baadadbeadbe9faaacbcb8f1b2b6b3"><span class="__cf_email__" data-cfemail="1f5e7d76787e7673315c31597a6d6d7e6d7e5f6a6c7c7831727673">[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 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
[[Page 61347]]
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 Guard again began issuing temporary final
rules annually for the new date. Again, due to the repeating nature of
the event, we are issuing this final rule to change the date and time
to reflect the correct event details.
On May 21, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Sea Otter Point, Port of Valdez,
AK (89 FR 44945). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this fireworks
display. During the comment period that ended June 21, 2024, we
received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Prince William Sound (COTP) has
determined that it is necessary to amend the CFR to reflect the correct
date of the fireworks display.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published May
21, 2024. The comment supported this change, stating that fireworks do
not occur in Valdez on July 4th because the sky does not get dark. The
commenter claimed to be the City of Valdez events coordinator who has
managed the December 31st fireworks for seven years. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
The COTP is amending the current safety zone found in 33 CFR
165.1713 to reflect the correct date of the City of Valdez's annual
fireworks display. The date will change from July 4th to December 31st.
The regulatory text we are amending appears at the end of this
document.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule 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 received no comments from the Small Business
Administration on this rulemaking. 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
IV.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.
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
[[Page 61348]]
significant effect on the human environment. This rule involves
changing the date and shortening the duration of an existing safety
zone, which prohibits traffic within 200 yards of a firework display.
It is 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 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.
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. Revise Sec. 165.1713 as follows:
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 section.
(d) Enforcement period. This section will be enforced from 7:30
p.m. until 9 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: July 24, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound.
[FR Doc. 2024-16821 Filed 7-30-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 31, 2024.
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