[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]
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