[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Proposed Rules]
[Pages 12076-12078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03851]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0092]
RIN 1625-AA00
Safety Zone; City of Valdez July 4th Fireworks, 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, Valdez, Alaska, in the vicinity
of the Valdez Spit. The proposed safety zone is necessary to protect
persons and vessels from the hazards associated with the annual City of
Valdez July 4th Fireworks Display event. This rule is intended to
restrict vessels from a portion of the navigable waters of Port Valdez,
in the immediate vicinity of the fireworks launch platforms, before,
during, and immediately after the fireworks event. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 30, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0092 using the Federal eRulemaking Portal at http://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Walner W.
Alvarez, Chief of Waterways Management Division, U.S. Coast Guard
Marine Safety Unit Valdez; telephone (907) 835-7223, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 in 2011 to
establish a safety zone during the Valdez July 4th Fireworks Display
The Coast Guard received no comments or concerns from the public when
the temporary safety zones were in place. This Notice of Proposed
Rulemaking proposes to permanently establish a safety zone of the exact
same size and position as that which were established under the
temporary final rules since 2014. The legal basis for the rule is the
Coast Guard's authority to establish limited access areas: 33 U.S.C
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department
of Homeland Security Delegation No. 0170.1.
The purpose of this rule is to enhance the safety for spectators
and mariners attending a community event that involves a relatively
large fireworks
[[Page 12077]]
display. The Coast Guard anticipates that a large number of spectators
will congregate around the launch position during the display. The
Captain of the Port Prince William Sound has determined that the
fireworks launched near a gathering of watercrafts may pose a
significant risk to public safety and property. Such hazards include
premature and accidental detonations, falling and burning debris, and
vessels operating in close proximity to each other. The safety zone is
necessary to provide for the safety of persons and vessels attending
the event in the navigable waters in the vicinity of the fireworks
launch site.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a permanent safety zone on
the navigable waters of Port Valdez, within a 200 yard radius of the
location where the fireworks will be launched on the Valdez Spit for
the City of Valdez July 4th Fireworks Display. The proposed safety zone
is necessary to ensure the safety of spectators and vessels from
hazards associated with fireworks displays. The fireworks displays are
expected to occur between 10:00 p.m. and 11:00 p.m. In order to
coordinate the safe movement of vessels within the area and to ensure
that the area is clear of unauthorized persons and vessels before,
during, and immediately after the fireworks launch, this zone will be
enforced from 9:30 p.m. to 11:30 p.m. Entry into, transiting, or
anchoring within the safety zone is prohibited unless authorized by the
Captain of the Port Prince William Sound or the designated
representative. Vessels will be able to transit the surrounding area
and may be authorized to transit through the proposed safety zone with
the permission of the COTP or the designated representative. Before
activating the zone the Prince William Sound COTP will notify mariners
by appropriate means including but not limited to Local Notice to
Mariners and Broadcast Notice to Mariners.
This rule is being proposed to provide for the safety of life on
the navigable waters during the fireworks display event, and to give
the public the opportunity to comment on the proposed safety zone
location, size, and length of time the zone will be activated.
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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The Coast
Guard's enforcement of the proposed safety zone will be of short
duration, approximately two hours. Furthermore, vessels may be
authorized to transit through the proposed safety zones with the
permission of the Captain of the Port Prince William Sound, Alaska.
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
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 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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
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 contact 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
[[Page 12078]]
effects of this rule elsewhere in this preamble.
F. 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 (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 permanent safety zone on the navigable waters of
Port Valdez, in the vicinity of the Valdez Spit. Normally such actions
are categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and 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.
G. 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.
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.
We encourage you to submit comments through the Federal e-
Rulemaking Portal at http://www.regulations.gov. If your material
cannot be submitted using http://www.regulations.gov, contact the
person in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.1713 to read as follows:
Sec. 165.1713 Safety Zone; City of Valdez July 4th Fireworks, Port
Valdez; Valdez, AK.
(a) Regulated Area. The following area is a permanent safety zone:
All navigable waters of Port Valdez within a 200-yard radius from a
position of 61[deg]07'38'' N and 146[deg]21'17'' W. This includes the
entrance to the Valdez small boat harbor.
(b) Effective date. This rule will be effective from 9:30 p.m.
until 11:30 p.m. on July 4th of each year, or during the same time
frame on specified rain dates of July 5th through July 8th of each
year.
(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 (COTP), 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.
(d) Regulations.
(1) The general regulations contained in 33 CFR 165.23, 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 U.S.
Coast Guard vessel or other official patrol vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
(4) Vessel operators 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 Coast Guard will issue a broadcast notice to mariners to
advise mariners of the safety zone before and during the event.
(6) The COTP may be aided by other Federal, state, borough and
local law enforcement officials in the enforcement of this regulation.
Dated: February 21, 2017.
J.T. Lally,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound,
Alaska.
[FR Doc. 2017-03851 Filed 2-27-17; 8:45 am]
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