[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78869-78871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27801]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0217]
RIN 1625-AA00


Safety Zone; Fireworks Display, Sea Otter Point, Port of 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

[[Page 78870]]

Otter Point 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 safety zone is needed to protect mariners and vessels from 
potential hazards during the fireworks display.

DATES: This rule is effective from 9:50 p.m. through 10:45 p.m. on 
December 31, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0217 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Christian R. Heming, Waterways Management Division, 
U.S. Coast Guard; 907-835-7229, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Prince William Sound
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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because publishing an NPRM would be impracticable 
and contrary to the public interest since immediate action is needed to 
minimize potential danger to the public during the event. Any delay in 
the effective date of this rule could prevent this community event from 
occurring or present a safety risk to people and vessels in the 
vicinity of the fireworks display. The Coast Guard will issue a 
broadcast notice to mariners to advise mariners of the zone and on-
scene Coast Guard assets will provide notice to mariners.
    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 could prevent this community event from occurring or present 
a safety risk to people and vessels in the vicinity of the fireworks 
display.

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 Prince 
William Sound (COTP) has determined that potential hazards associated 
with the New Year's fireworks display will be a safety concern for 
anyone within a 150-yard radius of the fireworks launch site at Sea 
Otter Point. The safety zone is necessary to provide notice of the 
hazards presented by the fireworks display in order to achieve the goal 
of enhancing the safety of people and vessels attending the event in 
the navigable waters in the vicinity of the fireworks launching site.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:50 p.m. through 10:45 
p.m. on December 31, 2022. The safety zone will cover all navigable 
waters within 150 yards of the locations where the fireworks will be 
launched at Sea Otter Point. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters during the 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. 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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety zone 
would impact a small designated area of Port Valdez for a duration less 
than 1 hour. 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 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.
    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.

[[Page 78871]]

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.

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 a 
safety zone lasting approximately one hour that will prohibit entry 
within 150 yards of the launching site at Sea Otter Point, located near 
the entrance of the Small Boat Harbor in 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.

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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T17-0217 to read as follows:


Sec.  165.T17-0217   Safety Zone; Fireworks Display, Sea Otter Point, 
Port of Valdez, AK.

    (a) Location. The following area is a safety zone: All navigable 
waters, from the surface to the seabed, of Port Valdez within a 150-
yard radius from a position of 61[deg]07'22'' N and 146[deg]21'13'' W. 
This includes the entrance to the Port Valdez small boat harbor.
    (b) Definitions. The following definition applies to this section: 
``Designated representative'' means any commissioned, warrant, and 
petty officer of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels who 
have been authorized to act on the behalf of the Captain of the Port 
Prince William Sound.
    (c) Regulations. (1) Under the general regulations contained in 
subpart C of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Prince William Sound or his designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Coast Guard Captain of the Port Prince William 
Sound or his designated representative.
    (3) Upon being hailed by a U.S. Coast Guard vessel or designated 
representative by siren, radio, flashing light or other means, the 
operator of the vessel shall proceed as directed.
    (4) Persons desiring to enter the safety zone may request 
permission from the Captain of the Port Prince William Sound via VHF 
Channel 13 or via telephone at (907) 835-7205.
    (5) The Coast Guard will issue a broadcast notice to mariners to 
advise mariners of the temporary safety zone and on-scene Coast Guard 
representatives will provide notice to mariners during the event.
    (d) Enforcement period. This rule will be enforced from 9:50 p.m. 
to 10:45 p.m. on December 31, 2022.

    Dated: December 12, 2022.
P.A. Drayer,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound.
[FR Doc. 2022-27801 Filed 12-22-22; 8:45 am]
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