[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Pages 25728-25730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11572]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a permanent safety zone on the 
navigable waters of Port Valdez, Valdez, Alaska, in the vicinity of the 
Valdez Spit. The 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: This rule is effective July 3, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0092 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 establishing 
safety zones during the Valdez July 4th Fireworks Display. These 
temporary safety zones were established for each year's event beginning 
in 2014. The Coast Guard received no comments or

[[Page 25729]]

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. During the comment period that ended March 30, 2017 we 
received nine comments. 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.

III. Legal Authority and Need for Rule

    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 COTP, 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received nine comments on our NPRM published 
February 28, 2017. All of the commenters agreed that the fireworks 
display justified a safety zone, with several commenters highlighting 
the safety dangers that fireworks presented. Based on these comments, 
the Coast Guard is not making changes in the regulatory text of this 
rule. This rule establishes 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 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 COTP, Prince William 
Sound or the designated representative. Vessels will be able to transit 
the surrounding area and may be authorized to transit through the 
safety zone with the permission of the COTP or the designated 
representative. Before activating the zone COTP, Prince William Sound 
will notify mariners by appropriate means including but not limited to 
Local Notice to Mariners and Broadcast Notice to Mariners.
    This rule is being established for the safety of life on the 
navigable waters during the fireworks display event.

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 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it.
    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 safety zone will be of short duration, 
approximately two hours. Furthermore, vessels may be authorized to 
transit through the safety zones with the permission of the COTP, 
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 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 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 V. 
B above, this rule would 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 
contact 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 would not call for a new collection of information under 
the

[[Page 25730]]

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 
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 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 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 rule would 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 
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 rule involves the establishment of a permanent safety 
zone on the navigable waters of Port Valdez, in the vicinity of the 
Valdez Spit. It is categorically excluded from further review in 
accordance with paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A Record of Environmental Consideration (REC) supporting 
this determination is available in the docket where indicated in the 
ADDRESSES section of this preamble.

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.

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: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 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]07'22'' N. and 146[deg]21'13'' 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 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: May 16, 2017.
J.T. Lally,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound, 
Alaska.
[FR Doc. 2017-11572 Filed 6-2-17; 8:45 am]
BILLING CODE 9110-04-P