Safety Zone; Port Valdez, Valdez, AK
| Citation | 84 FR 61583 |
| Record Number | 2019-24442 |
| Published date | 13 November 2019 |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 84 Issue 219 (Wednesday, November 13, 2019)
[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Proposed Rules]
[Pages 61583-61585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24442]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 219 / Wednesday, November 13, 2019 /
Proposed Rules
[[Page 61583]]
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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 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. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 13, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0727 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call MST2 Chelsea Zimmerman, U.S. Coast Guard;
telephone 907-835-7233, or 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, Purpose, and Legal Basis
On August 07, 2019, the City of Valdez notified the Coast Guard
that it will be conducting a fireworks display from 10:00 p.m. to 10:30
p.m. on December 31, 2019, in celebration of the New Year. The
fireworks are to be launched from land at Sea Otter Park, located near
the mouth of the Valdez small boat harbor in Valdez, AK. Hazards from
firework displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Coast Guard
proposes to establish a Safety Zone to ensure the safety of vessels on
the navigable waters within a 150 yard radius of the fireworks launch
site before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).]
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 9:30 p.m. to
11:00 p.m. on December 31st, 2019. The safety zone would cover all
navigable waters within a 150 yard radius of where the fireworks will
be launched at Sea Otter Park for the City of Valdez New Year's Eve
Fireworks Display. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 10:00 p.m. to 10:30 p.m. fireworks display. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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. The Coast
Guard's enforcement of the proposed safety zone will be of short
duration. Furthermore, vessels may be authorized to transit through the
proposed safety zones with the permission of the Captain of the Port
Prince William Sound, Alaska.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This proposed rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit, anchor, or fish in a portion of Port Valdez in the vicinity of
the Small Boat Harbor entrance during the period of enforcement of the
proposed safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons; this
rule will be enforced for a short duration and vessel traffic will be
able to navigate safely around the proposed safety zone. Before and
during the enforcement period, we will also issue maritime advisories
widely available to the mariners that transit Port Valdez and Prince
William Sound.
If you think that your business, organization, or governmental
[[Page 61584]]
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule under Department of Homeland
Security Directive 023-01 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 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 proposed rule involves the
establishment of a temporary safety zone on the navigable waters of
Port Valdez, in the vicinity of the Valdez Small Boat Harbor. Normally
such actions are categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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
[[Page 61585]]
directions given to them by the COTP or the COTP's designated
representative.
Dated: November 1, 2019.
M.R. Franklin,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound,
Alaska.
[FR Doc. 2019-24442 Filed 11-12-19; 8:45 am]
BILLING CODE 9110-04-P
