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 pmangrum on DSK3GDR082PROD with PROPOSALS 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 VerDate Sep<11>2014 14:14 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\28FEP1.SGM 28FEP1

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 pmangrum on DSK3GDR082PROD with PROPOSALS VerDate Sep<11>2014 14:14 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 9990 E:\FR\FM\28FEP1.SGM 28FEP1


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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