82_FR_12114 82 FR 12076 - Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK

82 FR 12076 - Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 38 (February 28, 2017)

Page Range12076-12078
FR Document2017-03851

The Coast Guard proposes to establish a permanent safety zone on the navigable waters of Port Valdez, Valdez, Alaska, in the vicinity of the Valdez Spit. The proposed safety zone is necessary to protect persons and vessels from the hazards associated with the annual City of Valdez July 4th Fireworks Display event. This rule is intended to restrict vessels from a portion of the navigable waters of Port Valdez, in the immediate vicinity of the fireworks launch platforms, before, during, and immediately after the fireworks event. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 38 (Tuesday, February 28, 2017)
[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Proposed Rules]
[Pages 12076-12078]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03851]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0092]
RIN 1625-AA00


Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; 
Valdez, AK

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
on the navigable waters of Port Valdez, Valdez, Alaska, in the vicinity 
of the Valdez Spit. The proposed safety zone is necessary to protect 
persons and vessels from the hazards associated with the annual City of 
Valdez July 4th Fireworks Display event. This rule is intended to 
restrict vessels from a portion of the navigable waters of Port Valdez, 
in the immediate vicinity of the fireworks launch platforms, before, 
during, and immediately after the fireworks event. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 30, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0092 using the Federal eRulemaking Portal at http://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 or email Lieutenant Commander Walner W. 
Alvarez, Chief of Waterways Management Division, U.S. Coast Guard 
Marine Safety Unit Valdez; telephone (907) 835-7223, email 
Walner.W.Alvarez@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    The Coast Guard began issuing temporary final rules in 2011 to 
establish a safety zone during the Valdez July 4th Fireworks Display 
The Coast Guard received no comments or concerns from the public when 
the temporary safety zones were in place. This Notice of Proposed 
Rulemaking proposes to permanently establish a safety zone of the exact 
same size and position as that which were established under the 
temporary final rules since 2014. The legal basis for the rule is the 
Coast Guard's authority to establish limited access areas: 33 U.S.C 
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department 
of Homeland Security Delegation No. 0170.1.
    The purpose of this rule is to enhance the safety for spectators 
and mariners attending a community event that involves a relatively 
large fireworks

[[Page 12077]]

display. The Coast Guard anticipates that a large number of spectators 
will congregate around the launch position during the display. The 
Captain of the Port Prince William Sound has determined that the 
fireworks launched near a gathering of watercrafts may pose a 
significant risk to public safety and property. Such hazards include 
premature and accidental detonations, falling and burning debris, and 
vessels operating in close proximity to each other. The safety zone is 
necessary to provide for the safety of persons and vessels attending 
the event in the navigable waters in the vicinity of the fireworks 
launch site.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent safety zone on 
the navigable waters of Port Valdez, within a 200 yard radius of the 
location where the fireworks will be launched on the Valdez Spit for 
the City of Valdez July 4th Fireworks Display. The proposed safety zone 
is necessary to ensure the safety of spectators and vessels from 
hazards associated with fireworks displays. The fireworks displays are 
expected to occur between 10:00 p.m. and 11:00 p.m. In order to 
coordinate the safe movement of vessels within the area and to ensure 
that the area is clear of unauthorized persons and vessels before, 
during, and immediately after the fireworks launch, this zone will be 
enforced from 9:30 p.m. to 11:30 p.m. Entry into, transiting, or 
anchoring within the safety zone is prohibited unless authorized by the 
Captain of the Port Prince William Sound or the designated 
representative. Vessels will be able to transit the surrounding area 
and may be authorized to transit through the proposed safety zone with 
the permission of the COTP or the designated representative. Before 
activating the zone the Prince William Sound COTP will notify mariners 
by appropriate means including but not limited to Local Notice to 
Mariners and Broadcast Notice to Mariners.
    This rule is being proposed to provide for the safety of life on 
the navigable waters during the fireworks display event, and to give 
the public the opportunity to comment on the proposed safety zone 
location, size, and length of time the zone will be activated.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    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, approximately two hours. 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. 
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 
proposed rule would 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 proposed rule would not have a significant economic 
impact on any vessel owner or operator. If you think that your 
business, organization, or governmental 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 (Public Law 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 contact 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 contact 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

[[Page 12078]]

effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 permanent safety zone on the navigable waters of 
Port Valdez, in the vicinity of the Valdez Spit. Normally such actions 
are categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are 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 contact 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 e-
Rulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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 proposes 
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: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1.
0
2. Add Sec.  165.1713 to read as follows:


Sec.  165.1713  Safety Zone; City of Valdez July 4th Fireworks, Port 
Valdez; Valdez, AK.

    (a) Regulated Area. The following area is a permanent safety zone: 
All navigable waters of Port Valdez within a 200-yard radius from a 
position of 61[deg]07'38'' N and 146[deg]21'17'' W. This includes the 
entrance to the Valdez small boat harbor.
    (b) Effective date. This rule will be effective from 9:30 p.m. 
until 11:30 p.m. on July 4th of each year, or during the same time 
frame on specified rain dates of July 5th through July 8th of each 
year.
    (c) Definitions. The following definitions apply to this section:
    (1) The term ``designated representative'' means any Coast Guard 
commissioned, warrant or petty officer of the U. S. Coast Guard who has 
been designated by the Captain of the Port (COTP), Prince William 
Sound, to act on his or her behalf.
    (2) 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.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, 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 U.S. 
Coast Guard vessel or other official patrol vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.
    (4) Vessel operators 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 Coast Guard will issue a broadcast notice to mariners to 
advise mariners of the safety zone before and during the event.
    (6) The COTP may be aided by other Federal, state, borough and 
local law enforcement officials in the enforcement of this regulation.

    Dated: February 21, 2017.
J.T. Lally,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound, 
Alaska.
[FR Doc. 2017-03851 Filed 2-27-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                 12076                 Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Proposed Rules

                                                 accordance with Airbus Defense and Space                person is not required to respond to, nor             Spit. The proposed safety zone is
                                                 AOT–CN235–52–0001, dated September 4,                   shall a person be subject to a penalty for            necessary to protect persons and vessels
                                                 2014; or Airbus Defense and Space AOT–                  failure to comply with a collection of                from the hazards associated with the
                                                 C295–52–0001, dated September 4, 2014; as               information subject to the requirements of
                                                 applicable.
                                                                                                                                                               annual City of Valdez July 4th
                                                                                                         the Paperwork Reduction Act unless that
                                                   (2) Before further flight, repair using a             collection of information displays a current          Fireworks Display event. This rule is
                                                 method approved by the Manager,                         valid OMB Control Number. The OMB                     intended to restrict vessels from a
                                                 International Branch, ANM–116, Transport                Control Number for this information                   portion of the navigable waters of Port
                                                 Airplane Directorate, FAA; or the European              collection is 2120–0056. Public reporting for         Valdez, in the immediate vicinity of the
                                                 Aviation Safety Agency (EASA); or Airbus                this collection of information is estimated to        fireworks launch platforms, before,
                                                 Defense and Space S.A.’s EASA Design                    be approximately 5 minutes per response,              during, and immediately after the
                                                 Organization Approval (DOA). If approved by             including the time for reviewing instructions,        fireworks event. We invite your
                                                 the DOA, the approval must include the                  completing and reviewing the collection of
                                                 DOA-authorized signature.                                                                                     comments on this proposed rulemaking.
                                                                                                         information. All responses to this collection
                                                                                                         of information are mandatory. Comments                DATES: Comments and related material
                                                 (i) Reporting
                                                                                                         concerning the accuracy of this burden and            must be received by the Coast Guard on
                                                    Submit a report of the findings (both                suggestions for reducing the burden should            or before March 30, 2017.
                                                 positive and negative) from the functional              be directed to the FAA at: 800 Independence
                                                 test required by paragraph (g) of this AD and                                                                 ADDRESSES: You may submit comments
                                                                                                         Ave. SW., Washington, DC 20591, Attn:                 identified by docket number USCG–
                                                 the inspection required by paragraph (h)(1) of
                                                                                                         Information Collection Clearance Officer,
                                                 this AD to Airbus Defense and Space in                                                                        2017–0092 using the Federal
                                                                                                         AES–200.
                                                 accordance with the instructions of Airbus                                                                    eRulemaking Portal at http://
                                                 Defense and Space AOT–CN235–52–0001,                    (k) Related Information                               www.regulations.gov.
                                                 dated September 4, 2014; or Airbus Defense                (1) Refer to Mandatory Continuing                      See the ‘‘Public Participation and
                                                 and Space AOT–C295–52–0001, dated                       Airworthiness Information (MCAI) EASA AD              Request for Comments’’ portion of the
                                                 September 4, 2014; as applicable; at the                2016–0051, dated March 11, 2016, for related          SUPPLEMENTARY INFORMATION section for
                                                 applicable time specified in paragraph (i)(1)           information. This MCAI may be found in the
                                                 or (i)(2) of this AD.                                                                                         further instructions on submitting
                                                                                                         AD docket on the Internet at http://                  comments.
                                                    (1) If the functional test or inspection was
                                                                                                         www.regulations.gov by searching for and
                                                 done on or after the effective date of this AD:                                                               FOR FURTHER INFORMATION CONTACT:   If
                                                                                                         locating Docket No. FAA–2017–0123.
                                                 Submit the report within 30 days after the
                                                 functional test or inspection.
                                                                                                           (2) For service information identified in           you have questions about this proposed
                                                                                                         this AD, contact EADS–CASA, Military                  rulemaking, call or email Lieutenant
                                                    (2) If the functional test or inspection was
                                                                                                         Transport Aircraft Division (MTAD),                   Commander Walner W. Alvarez, Chief
                                                 done before the effective date of this AD:
                                                                                                         Integrated Customer Services (ICS),                   of Waterways Management Division,
                                                 Submit the report within 30 days after the
                                                                                                         Technical Services, Avenida de Aragón 404,
                                                 effective date of this AD.                                                                                    U.S. Coast Guard Marine Safety Unit
                                                                                                         28022 Madrid, Spain; telephone: +34 91 585
                                                 (j) Other FAA AD Provisions                             55 84; fax: +34 91 585 55 05; email:                  Valdez; telephone (907) 835–7223,
                                                                                                         MTA.TechnicalService@casa.eads.net;                   email Walner.W.Alvarez@uscg.mil.
                                                    The following provisions also apply to this
                                                 AD:                                                     Internet: http://www.eads.net. You may view           SUPPLEMENTARY INFORMATION:
                                                    (1) Alternative Methods of Compliance                this service information at the FAA,
                                                                                                         Transport Airplane Directorate, 1601 Lind             I. Table of Abbreviations
                                                 (AMOCs): The Manager, International
                                                 Branch, ANM–116, Transport Airplane                     Avenue SW., Renton, WA. For information               CFR Code of Federal Regulations
                                                 Directorate, FAA, has the authority to                  on the availability of this material at the           COTP Captain of the Port
                                                 approve AMOCs for this AD, if requested                 FAA, call 425–227–1221.                               DHS Department of Homeland Security
                                                 using the procedures found in 14 CFR 39.19.               Issued in Renton, Washington, on February           FR Federal Register
                                                 In accordance with 14 CFR 39.19, send your              15, 2017.                                             NPRM Notice of proposed rulemaking
                                                 request to your principal inspector or local            Thomas Groves,                                        § Section
                                                 Flight Standards District Office, as                                                                          U.S.C. United States Code
                                                 appropriate. If sending information directly            Acting Manager, Transport Airplane
                                                 to the International Branch, send it to ATTN:           Directorate, Aircraft Certification Service.          II. Background, Purpose, and Legal
                                                 Shahram Daneshmandi, Aerospace Engineer,                [FR Doc. 2017–03718 Filed 2–27–17; 8:45 am]           Basis
                                                 International Branch, ANM–116, Transport                BILLING CODE 4910–13–P                                   The Coast Guard began issuing
                                                 Airplane Directorate, FAA, 1601 Lind
                                                 Avenue SW., Renton, WA 98057–3356;
                                                                                                                                                               temporary final rules in 2011 to
                                                 telephone: 425–227–1112; fax: 425–227–                                                                        establish a safety zone during the
                                                 1149. Information may be emailed to: 9-                 DEPARTMENT OF HOMELAND                                Valdez July 4th Fireworks Display The
                                                 ANM-116-AMOC-REQUESTS@faa.gov.                          SECURITY                                              Coast Guard received no comments or
                                                 Before using any approved AMOC, notify                                                                        concerns from the public when the
                                                 your appropriate principal inspector, or                Coast Guard                                           temporary safety zones were in place.
                                                 lacking a principal inspector, the manager of                                                                 This Notice of Proposed Rulemaking
                                                 the local flight standards district office/             33 CFR Part 165                                       proposes to permanently establish a
                                                 certificate holding district office. The AMOC
                                                 approval letter must specifically reference             [Docket Number USCG–2017–0092]                        safety zone of the exact same size and
                                                 this AD.                                                                                                      position as that which were established
                                                                                                         RIN 1625–AA00                                         under the temporary final rules since
                                                    (2) Contacting the Manufacturer: For any
                                                 requirement in this AD to obtain corrective                                                                   2014. The legal basis for the rule is the
                                                                                                         Safety Zone; City of Valdez July 4th
                                                                                                                                                               Coast Guard’s authority to establish
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 actions from a manufacturer, the action must
                                                 be accomplished using a method approved                 Fireworks, Port Valdez; Valdez, AK
                                                                                                                                                               limited access areas: 33 U.S.C 1231; 50
                                                 by the Manager, International Branch, ANM–              AGENCY:   Coast Guard, DHS.                           U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                                 116, Transport Airplane Directorate, FAA; or                                                                  6.04–6, 160.5; Department of Homeland
                                                 EASA; or Airbus Defense and Space S.A.’s                ACTION:   Notice of proposed rulemaking.
                                                 EASA DOA. If approved by the DOA, the
                                                                                                                                                               Security Delegation No. 0170.1.
                                                 approval must include the DOA-authorized                SUMMARY:   The Coast Guard proposes to                   The purpose of this rule is to enhance
                                                 signature.                                              establish a permanent safety zone on the              the safety for spectators and mariners
                                                    (3) Reporting Requirements: A federal                navigable waters of Port Valdez, Valdez,              attending a community event that
                                                 agency may not conduct or sponsor, and a                Alaska, in the vicinity of the Valdez                 involves a relatively large fireworks


                                            VerDate Sep<11>2014   14:14 Feb 27, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\28FEP1.SGM   28FEP1


                                                                       Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Proposed Rules                                          12077

                                                 display. The Coast Guard anticipates                    Executive orders and we discuss First                    Under section 213(a) of the Small
                                                 that a large number of spectators will                  Amendment rights of protestors.                       Business Regulatory Enforcement
                                                 congregate around the launch position                                                                         Fairness Act of 1996 (Public Law 104–
                                                                                                         A. Regulatory Planning and Review
                                                 during the display. The Captain of the                                                                        121), we want to assist small entities in
                                                 Port Prince William Sound has                              Executive Orders 12866 and 13563                   understanding this proposed rule. If the
                                                 determined that the fireworks launched                  direct agencies to assess the costs and               rule would affect your small business,
                                                 near a gathering of watercrafts may pose                benefits of available regulatory                      organization, or governmental
                                                 a significant risk to public safety and                 alternatives and, if regulation is                    jurisdiction and you have questions
                                                 property. Such hazards include                          necessary, to select regulatory                       concerning its provisions or options for
                                                 premature and accidental detonations,                   approaches that maximize net benefits.                compliance, please contact the person
                                                 falling and burning debris, and vessels                 Executive Order 13563 emphasizes the                  listed in the FOR FURTHER INFORMATION
                                                 operating in close proximity to each                    importance of quantifying both costs                  CONTACT section. The Coast Guard will
                                                 other. The safety zone is necessary to                  and benefits, of reducing costs, of                   not retaliate against small entities that
                                                 provide for the safety of persons and                   harmonizing rules, and of promoting                   question or complain about this
                                                 vessels attending the event in the                      flexibility. This NPRM has not been                   proposed rule or any policy or action of
                                                 navigable waters in the vicinity of the                 designated a ‘‘significant regulatory                 the Coast Guard.
                                                 fireworks launch site.                                  action,’’ under Executive Order 12866.                C. Collection of Information
                                                                                                         Accordingly, the NPRM has not been
                                                 III. Discussion of Proposed Rule                                                                                This proposed rule would not call for
                                                                                                         reviewed by the Office of Management
                                                   The Coast Guard proposes to establish                 and Budget.                                           a new collection of information under
                                                 a permanent safety zone on the                             This regulatory action determination               the Paperwork Reduction Act of 1995
                                                 navigable waters of Port Valdez, within                 is based on the size, location, duration,             (44 U.S.C. 3501–3520).
                                                 a 200 yard radius of the location where                 and time-of-day of the safety zone. The               D. Federalism and Indian Tribal
                                                 the fireworks will be launched on the                   Coast Guard’s enforcement of the                      Governments
                                                 Valdez Spit for the City of Valdez July                 proposed safety zone will be of short                    A rule has implications for federalism
                                                 4th Fireworks Display. The proposed                     duration, approximately two hours.                    under Executive Order 13132,
                                                 safety zone is necessary to ensure the                  Furthermore, vessels may be authorized                Federalism, if it has a substantial direct
                                                 safety of spectators and vessels from                   to transit through the proposed safety                effect on the States, on the relationship
                                                 hazards associated with fireworks                       zones with the permission of the                      between the national government and
                                                 displays. The fireworks displays are                    Captain of the Port Prince William                    the States, or on the distribution of
                                                 expected to occur between 10:00 p.m.                    Sound, Alaska. Moreover, the Coast                    power and responsibilities among the
                                                 and 11:00 p.m. In order to coordinate                   Guard would issue a Broadcast Notice to               various levels of government. We have
                                                 the safe movement of vessels within the                 Mariners via VHF–FM marine channel                    analyzed this proposed rule under that
                                                 area and to ensure that the area is clear               16 about the zone, and the rule would                 Order and have determined that it is
                                                 of unauthorized persons and vessels                     allow vessels to seek permission to enter             consistent with the fundamental
                                                 before, during, and immediately after                   the zone.                                             federalism principles and preemption
                                                 the fireworks launch, this zone will be                                                                       requirements described in Executive
                                                 enforced from 9:30 p.m. to 11:30 p.m.                   B. Impact on Small Entities
                                                                                                                                                               Order 13132.
                                                 Entry into, transiting, or anchoring                       The Regulatory Flexibility Act of                     Also, this proposed rule does not have
                                                 within the safety zone is prohibited                    1980, 5 U.S.C. 601–612, as amended,                   tribal implications under Executive
                                                 unless authorized by the Captain of the                 requires Federal agencies to consider                 Order 13175, Consultation and
                                                 Port Prince William Sound or the                        the potential impact of regulations on                Coordination with Indian Tribal
                                                 designated representative. Vessels will                 small entities during rulemaking. The                 Governments, because it would not have
                                                 be able to transit the surrounding area                 term ‘‘small entities’’ comprises small               a substantial direct effect on one or
                                                 and may be authorized to transit                        businesses, not-for-profit organizations              more Indian tribes, on the relationship
                                                 through the proposed safety zone with                   that are independently owned and                      between the Federal Government and
                                                 the permission of the COTP or the                       operated and are not dominant in their                Indian tribes, or on the distribution of
                                                 designated representative. Before                       fields, and governmental jurisdictions                power and responsibilities between the
                                                 activating the zone the Prince William                  with populations of less than 50,000.                 Federal Government and Indian tribes.
                                                 Sound COTP will notify mariners by                      The Coast Guard certifies under 5 U.S.C.              If you believe this proposed rule has
                                                 appropriate means including but not                     605(b) that this proposed rule would not              implications for federalism or Indian
                                                 limited to Local Notice to Mariners and                 have a significant economic impact on                 tribes, please contact the person listed
                                                 Broadcast Notice to Mariners.                           a substantial number of small entities.               in the FOR FURTHER INFORMATION
                                                   This rule is being proposed to provide                   While some owners or operators of                  CONTACT section.
                                                 for the safety of life on the navigable                 vessels intending to transit the safety
                                                 waters during the fireworks display                     zone may be small entities, for the                   E. Unfunded Mandates Reform Act
                                                 event, and to give the public the                       reasons stated in section IV.A above,                   The Unfunded Mandates Reform Act
                                                 opportunity to comment on the                           this proposed rule would not have a                   of 1995 (2 U.S.C. 1531–1538) requires
                                                 proposed safety zone location, size, and                significant economic impact on any                    Federal agencies to assess the effects of
                                                 length of time the zone will be                         vessel owner or operator. If you think
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                                                                                                                                                               their discretionary regulatory actions. In
                                                 activated.                                              that your business, organization, or                  particular, the Act addresses actions
                                                                                                         governmental jurisdiction qualifies as a              that may result in the expenditure by a
                                                 IV. Regulatory Analyses
                                                                                                         small entity and that this rule would                 State, local, or tribal government, in the
                                                   We developed this proposed rule after                 have a significant economic impact on                 aggregate, or by the private sector of
                                                 considering numerous statutes and                       it, please submit a comment (see                      $100,000,000 (adjusted for inflation) or
                                                 Executive Orders related to rulemaking.                 ADDRESSES) explaining why you think it                more in any one year. Though this
                                                 Below we summarize our analyses                         qualifies and how and to what degree                  proposed rule would not result in such
                                                 based on a number of these statutes and                 this rule would economically affect it.               an expenditure, we do discuss the


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                                                 12078                 Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Proposed Rules

                                                 effects of this rule elsewhere in this                     We encourage you to submit                            (b) Effective date. This rule will be
                                                 preamble.                                               comments through the Federal e-                       effective from 9:30 p.m. until 11:30 p.m.
                                                                                                         Rulemaking Portal at http://                          on July 4th of each year, or during the
                                                 F. Environment
                                                                                                         www.regulations.gov. If your material                 same time frame on specified rain dates
                                                   We have analyzed this proposed rule                   cannot be submitted using http://                     of July 5th through July 8th of each year.
                                                 under Department of Homeland                            www.regulations.gov, contact the person                  (c) Definitions. The following
                                                 Security Management Directive 023–01                    in the FOR FURTHER INFORMATION                        definitions apply to this section:
                                                 and Commandant Instruction                              CONTACT section of this document for                     (1) The term ‘‘designated
                                                 M16475.lD, which guide the Coast                        alternate instructions.                               representative’’ means any Coast Guard
                                                 Guard in complying with the National                       We accept anonymous comments. All                  commissioned, warrant or petty officer
                                                 Environmental Policy Act of 1969 (42                    comments received will be posted                      of the U. S. Coast Guard who has been
                                                 U.S.C. 4321–4370f), and have made a                     without change to http://                             designated by the Captain of the Port
                                                 preliminary determination that this                     www.regulations.gov and will include                  (COTP), Prince William Sound, to act on
                                                 action is one of a category of actions that             any personal information you have                     his or her behalf.
                                                 do not individually or cumulatively                     provided. For more about privacy and
                                                                                                                                                                  (2) The term ‘‘official patrol vessel’’
                                                 have a significant effect on the human                  the docket, you may review a Privacy
                                                                                                                                                               may consist of any Coast Guard, Coast
                                                 environment. This proposed rule                         Act notice regarding the Federal Docket
                                                                                                                                                               Guard Auxiliary, state, or local law
                                                 involves the establishment of a                         Management System in the March 24,
                                                                                                                                                               enforcement vessels assigned or
                                                 permanent safety zone on the navigable                  2005, issue of the Federal Register (70
                                                                                                                                                               approved by the COTP, Prince William
                                                 waters of Port Valdez, in the vicinity of               FR 15086).
                                                                                                            Documents mentioned in this NPRM                   Sound.
                                                 the Valdez Spit. Normally such actions
                                                                                                         as being available in the docket, and all                (d) Regulations.
                                                 are categorically excluded from further
                                                 review under paragraph 34(g) of Figure                  public comments, will be in our online                   (1) The general regulations contained
                                                 2–1 of Commandant Instruction                           docket at http://www.regulations.gov                  in 33 CFR 165.23, as well as the
                                                 M16475.lD. A preliminary                                and can be viewed by following that                   following regulations, apply.
                                                 environmental analysis checklist and                    Web site’s instructions. Additionally, if                (2) The safety zone is closed to all
                                                 Categorical Exclusion Determination are                 you go to the online docket and sign up               vessel traffic, except as may be
                                                 available in the docket where indicated                 for email alerts, you will be notified                permitted by the COTP or the
                                                 under ADDRESSES. We seek any                            when comments are posted or a final                   designated representative during
                                                 comments or information that may lead                   rule is published.                                    periods of enforcement.
                                                 to the discovery of a significant                                                                                (3) All persons and vessels shall
                                                                                                         List of Subjects in 33 CFR Part 165
                                                 environmental impact from this                                                                                comply with the instructions of the
                                                 proposed rule.                                            Harbors, Marine safety, Navigation                  COTP or the designated representative.
                                                                                                         (water), Reporting and recordkeeping                  Upon being hailed by a U.S. Coast
                                                 G. Protest Activities                                   requirements, Security measures,                      Guard vessel or other official patrol
                                                   The Coast Guard respects the First                    Waterways.                                            vessel by siren, radio, flashing light or
                                                 Amendment rights of protesters.                           For the reasons discussed in the                    other means, the operator of the vessel
                                                 Protesters are asked to contact the                     preamble, the Coast Guard proposes to                 shall proceed as directed.
                                                 person listed in the FOR FURTHER                        amend 33 CFR part 165 as follows:                        (4) Vessel operators desiring to enter
                                                 INFORMATION CONTACT section to                                                                                or operate within the regulated area may
                                                 coordinate protest activities so that your              PART 165—REGULATED NAVIGATION                         request permission from the COTP via
                                                 message can be received without                         AREAS AND LIMITED ACCESS AREAS                        VHF Channel 16 or (907) 835–7205
                                                 jeopardizing the safety or security of                  ■ 1. The authority citation for part 165              (Prince William Sound Vessel Traffic
                                                 people, places, or vessels.                             continues to read as follows:                         Center) to request permission to do so.
                                                 V. Public Participation and Request for                                                                          (5) The Coast Guard will issue a
                                                                                                           Authority: 33 U.S.C 1231; 50 U.S.C. 191;
                                                 Comments                                                33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                                                                                                                               broadcast notice to mariners to advise
                                                                                                         Department of Homeland Security Delegation            mariners of the safety zone before and
                                                   We view public participation as                                                                             during the event.
                                                                                                         No. 0170.1.
                                                 essential to effective rulemaking, and                  ■   2. Add § 165.1713 to read as follows:                (6) The COTP may be aided by other
                                                 will consider all comments and material                                                                       Federal, state, borough and local law
                                                 received during the comment period.                     § 165.1713 Safety Zone; City of Valdez July
                                                                                                                                                               enforcement officials in the enforcement
                                                 Your comment can help shape the                         4th Fireworks, Port Valdez; Valdez, AK.
                                                                                                                                                               of this regulation.
                                                 outcome of this rulemaking. If you                         (a) Regulated Area. The following area
                                                 submit a comment, please include the                    is a permanent safety zone: All                         Dated: February 21, 2017.
                                                 docket number for this rulemaking,                      navigable waters of Port Valdez within                J.T. Lally,
                                                 indicate the specific section of this                   a 200-yard radius from a position of                  Commander, U.S. Coast Guard, Captain of
                                                 document to which each comment                          61°07′38″ N and 146°21′17″ W. This                    the Port Prince William Sound, Alaska.
                                                 applies, and provide a reason for each                  includes the entrance to the Valdez                   [FR Doc. 2017–03851 Filed 2–27–17; 8:45 am]
                                                 suggestion or recommendation.                           small boat harbor.                                    BILLING CODE 9110–04–P
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Document Created: 2017-02-27 23:53:37
Document Modified: 2017-02-27 23:53:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before March 30, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Commander Walner W. Alvarez, Chief of Waterways Management Division, U.S. Coast Guard Marine Safety Unit Valdez; telephone (907) 835-7223, email [email protected]
FR Citation82 FR 12076 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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