[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Rules and Regulations]
[Pages 61346-61348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16821]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0023]
RIN 1625-AA11


Safety Zone; Sea Otter Point, Port of Valdez, AK

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the regulation titled Safety Zone; 
City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK. The City of 
Valdez has changed the annual firework displays from July 4th to 
December 31st each year. It is therefore necessary to amend the CFR to 
reflect the correct date of the fireworks display.

DATES:  rule is effective August 30, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0023 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 about this rule, 
call or email LT Abigail Ferrara, Marine Safety Unit Valdez, US Coast 
Guard. Telephone 907-835-7209, 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 began issuing temporary final rules establishing 
safety zones during the Valdez July 4th fireworks display beginning in 
2014. The Coast Guard received no comments or 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

[[Page 61347]]

proposed regulatory action related to this fireworks display. Since 
then, the City of Valdez has changed the firework display from July 4th 
to December 31st. The Coast Guard again began issuing temporary final 
rules annually for the new date. Again, due to the repeating nature of 
the event, we are issuing this final rule to change the date and time 
to reflect the correct event details.
    On May 21, 2024, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zone; Sea Otter Point, Port of Valdez, 
AK (89 FR 44945). 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 June 21, 2024, 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. The Captain of the Port Prince William Sound (COTP) has 
determined that it is necessary to amend the CFR to reflect the correct 
date of the fireworks display.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published May 
21, 2024. The comment supported this change, stating that fireworks do 
not occur in Valdez on July 4th because the sky does not get dark. The 
commenter claimed to be the City of Valdez events coordinator who has 
managed the December 31st fireworks for seven years. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    The COTP is amending the current safety zone found in 33 CFR 
165.1713 to reflect the correct date of the City of Valdez's annual 
fireworks display. The date will change from July 4th to December 31st. 
The regulatory text we are amending appears at the end of this 
document.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on extremely limited 
vessel traffic in the winter months, as well as the size, location, 
time of day, and duration of the safety zone. Furthermore, vessels may 
request authorization to transit through the safety zone with the 
permission of the COTP, Prince William Sound, Alaska. The Coast Guard 
will still issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about 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 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 
IV.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.

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

[[Page 61348]]

significant effect on the human environment. This rule involves 
changing the date and shortening the duration of an existing safety 
zone, which prohibits traffic within 200 yards of a firework display. 
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, 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. Revise Sec.  165.1713 as follows:


Sec.  165.1713  Safety Zone; City of Valdez Annual Fireworks Display 
within the Captain of the Port, Prince William Sound Zone, Port Valdez; 
Valdez, AK.

    (a) Regulated area. The following area is a safety zone: All waters 
of Port Valdez, from surface to bottom, within a 200-yard radius from a 
position of 61[deg]07'22'' N and 146[deg]21'13'' W. These coordinates 
are based on the 1984 World Geodetic System (WGS 84). This includes the 
entrance to the Valdez small boat harbor.
    (b) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant or petty officer of the 
U.S. Coast Guard and a Federal, State, and local officer designated by 
or assisting the Captain of the Port Prince William Sound (COTP) in the 
enforcement of the safety zone. 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.
    (c) Regulations. (1) The general safety zone regulations contained 
in subpart C of this part, 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 
designated representative by siren, radio, flashing light, or other 
means, the operator of the vessel shall proceed as directed.
    (4) Anyone 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 COTP may be aided by other Federal, State, borough, and 
local law enforcement officials in the enforcement of this section.
    (d) Enforcement period. This section will be enforced from 7:30 
p.m. until 9 p.m. on December 31st of each year, or during the same 
time frame on specified weather delay dates January 1st through January 
5th each year.

    Dated: July 24, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound.
[FR Doc. 2024-16821 Filed 7-30-24; 8:45 am]
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