
[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 
Walner.W.Alvarez@uscg.mil.

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]
 BILLING CODE 9110-04-P


