[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 70017-70018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27444]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0727]
RIN 1625-AA00


Safety Zone; Port Valdez, Valdez, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters, from the surface to seabed, within a 150 yard radius 
of the fireworks launching point located at Sea Otter Park in position 
61[deg]07'22'' North and 146[deg]21'13'' West in the vicinity of the 
mouth of the Small Boat Harbor, Port of Valdez, Alaska, to limit access 
for the duration of the New Year's fireworks display. The purpose of 
the safety zone is to ensure the safety of mariners and vessels during 
the fireworks display.

DATES: This rule is effective on December 31, 2019, from 9:30 p.m. 
local time through 11:00 p.m. local time.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0727 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 MST2 Chelsea M. Zimmerman, U.S. Coast Guard; telephone (907) 
835-7233, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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

    On August 15, 2019, the City of Valdez notified the Coast Guard 
that from 10 to 10:30 p.m. on December 31, 2019, it will be conducting 
a fireworks display launched from Sea Otter Park located next to the 
entrance of the Small Boat Harbor in the Port of Valdez, AK. In 
response, on November 13, 2019, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Port Valdez, Valdez, AK 
(84 FR 61583). 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 December 13, 2019, 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 (previously 33 U.S.C. 1231). The Captain of the Port of Valdez 
(COTP) has determined that potential hazards associated with the 
fireworks to be used in this December 31, 2019 display will be a safety 
concern for anyone within a 150-yard radius of the fireworks launching 
site. The purpose of this rule is to ensure safety of vessels and the 
navigable waters in the safety zone before, during, and after the 
scheduled event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because the fireworks event is 
scheduled to take place in celebration of the New Year, on December 31, 
2019. Accordingly, this fireworks event will take place before thirty 
days from the date this final rule is published. It is, therefore, 
necessary for public safety to make this rule effective less than 30 
days after publication in the Federal Register.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
November 13, 2019. The comment was in support of this regulation and no 
issues were raised. In this temporary final rule, we are making one 
change from the NPRM. Due to an administrative error, the proposed 
regulation in the NPRM did not include the enforcement period for the 
safety zone. We are correcting that error in this final rule by adding 
the following enforcement period in the regulation: 9:30 p.m. to 11:00 
p.m. local time on December 31, 2019.
    This rule establishes a safety zone from 9:30 to 11:00 p.m. on 
December 31, 2019. The safety zone will cover all navigable waters 
within 150 yards of the launching site at Sea Otter Park, located near 
the entrance of the Small Boat Harbor in the Port of Valdez, AK. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 10 to 
10:30 p.m. fireworks display. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
is rare and normally low for this time of year at the Port of Valdez. 
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

[[Page 70018]]

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 
V.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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email 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 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 significant effect on the human environment. This rule involves 150 
yards of the launching site at Sea Otter Park, located near the 
entrance of the Small Boat Harbor in the Port of Valdez, AK. 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; 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.T17-0727 to read as follows:


Sec.  165.T17-0727  Safety Zone; City of Valdez New Year's Eve 
Fireworks, Port Valdez; Valdez, AK.

    (a) Location. The following area is a safety zone: All navigable 
waters of Port Valdez within a 150 yard radius from a position of 
61[deg]07'22'' North and 146[deg]21'13'' West. This includes the 
entrance to the Valdez small boat harbor.
    (b) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via Channel 16 or (907) 835-7205. Those in the safety 
zone must comply with all lawful orders or directions given to them by 
the COTP or the COTP's designated representative.
    (c) Enforcement period. This rule will be enforced from 9:30 p.m. 
to 11:00 p.m. local time on December 31, 2019.

    Dated: December 16, 2019.
M.R. Franklin,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound, 
Alaska.
[FR Doc. 2019-27444 Filed 12-19-19; 8:45 am]
BILLING CODE 9110-04-P