[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Proposed Rules]
[Pages 74044-74046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29229]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0668]
RIN 1625-AA00


Safety Zone; City of Valdez July 4th Fireworks Display, 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 16, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Jason A. Smilie, Chief of Waterways 
Management Division, U.S. Coast Guard Marine Safety Unit Valdez; 
telephone (907) 835-7223, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2014-0668 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8.5 by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2014-0668 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard began issuing temporary final rules establishing 
safety zones during the Valdez July 4th Fireworks Display. These 
temporary safety zones were established for each year's event beginning 
in 2010. 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 2010.

C. Basis and Purpose

    (a) The legal basis for the rule is the Coast Guard's authority to 
establish limited access areas: 33 U.S.C 1231; 46 U.S.C. Chapter 701, 
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

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    (b) The purpose of this rule is to enhance the safety for 
spectators and mariners attending a community event that involves a 
relatively large fireworks 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.

D. 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 we 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.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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.
    This proposed rule may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit, anchor, or fish in a portion of Port Valdez in the vicinity of 
the Valdez Spit during the period of enforcement of the proposed safety 
zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons; this 
rule will be enforced for only two hours and vessel traffic will be 
able to navigate safely around the proposed safety zone. Before and 
during the enforcement period, we will also issue maritime advisories 
widely available to the mariners that transit Port Valdez and Prince 
William Sound.
    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.

3. Assistance for Small Entities

    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 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 above. 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.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 
determined that this rule does not have implications for Federalism.

6. 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.

7. 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 
aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in the preamble.

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8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 (NEPA) (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. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination and a 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.

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; 46 U.S.C. Chapter 701; 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T17-0668 to read as follows:


Sec.  165.T17-0668  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]07'22'' N and 146[deg]21'10'' 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 timeframe 
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 section.

    Dated: December 9, 2014.
M.R. Franklin,
Lieutenant Commander, U.S. Coast Guard, Acting, Captain of the Port 
Prince William Sound, Alaska.
[FR Doc. 2014-29229 Filed 12-12-14; 8:45 am]
BILLING CODE 9110-04-P