82_FR_25834 82 FR 25728 - Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK

82 FR 25728 - Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range25728-25730
FR Document2017-11572

The Coast Guard is establishing a permanent safety zone on the navigable waters of Port Valdez, Valdez, Alaska, in the vicinity of the Valdez Spit. The 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.

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017)
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Pages 25728-25730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11572]


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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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a permanent safety zone on the 
navigable waters of Port Valdez, Valdez, Alaska, in the vicinity of the 
Valdez Spit. The 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.

DATES: This rule is effective July 3, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0092 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or 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].

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 establishing 
safety zones during the Valdez July 4th Fireworks Display. These 
temporary safety zones were established for each year's event beginning 
in 2014. The Coast Guard received no comments or

[[Page 25729]]

concerns from the public when the temporary safety zones were in place. 
Due to the repeating nature of the event, on February 28, 2017, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK 
(82 FR 12076). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this fireworks 
display. During the comment period that ended March 30, 2017 we 
received nine comments. 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.

III. Legal Authority and Need for Rule

    The purpose of this rule is to enhance the safety for spectators 
and mariners attending a community event that involves a relatively 
large fireworks display. The Coast Guard anticipates that a large 
number of spectators will congregate around the launch position during 
the display. The COTP, 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received nine comments on our NPRM published 
February 28, 2017. All of the commenters agreed that the fireworks 
display justified a safety zone, with several commenters highlighting 
the safety dangers that fireworks presented. Based on these comments, 
the Coast Guard is not making changes in the regulatory text of this 
rule. This rule establishes 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 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 COTP, Prince William 
Sound or the designated representative. Vessels will be able to transit 
the surrounding area and may be authorized to transit through the 
safety zone with the permission of the COTP or the designated 
representative. Before activating the zone COTP, Prince William Sound 
will notify mariners by appropriate means including but not limited to 
Local Notice to Mariners and Broadcast Notice to Mariners.
    This rule is being established for the safety of life on the 
navigable waters during the fireworks display event.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it.
    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 safety zone will be of short duration, 
approximately two hours. Furthermore, vessels may be authorized to 
transit through the safety zones with the permission of the COTP, 
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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule 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 V. 
B above, this rule would not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under 
the

[[Page 25730]]

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 
if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it 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 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 rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this 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 rule involves the establishment of a permanent safety 
zone on the navigable waters of Port Valdez, in the vicinity of the 
Valdez Spit. It is categorically excluded from further review in 
accordance with paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A Record of Environmental Consideration (REC) supporting 
this determination is available in the docket where indicated in the 
ADDRESSES section of this preamble.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.1713 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]07'22'' N. and 146[deg]21'13'' 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 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: May 16, 2017.
J.T. Lally,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound, 
Alaska.
[FR Doc. 2017-11572 Filed 6-2-17; 8:45 am]
BILLING CODE 9110-04-P



                                             25728                Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations

                                             caused by a derailment in February.                     the Captain of the Port Lake Michigan                  DEPARTMENT OF HOMELAND
                                             This deviation allows the vertical lift                 Zone.                                                  SECURITY
                                             bridge to remain in the closed-to-
                                             navigation position from 7:30 a.m. to 11                DATES:  The regulation in 33 CFR                       Coast Guard
                                             a.m. and from 1 p.m. to 4:30 p.m., daily,               165.929 will enforce item listed as
                                             beginning June 5 through June 8, 2017,                  (e)(35) in Table 165.929 on July 4, 2017               33 CFR Part 165
                                             with a scheduled two-hour opening                       from 8:45 p.m. until 9:45 p.m.
                                                                                                                                                            [Docket Number USCG–2017–0092]
                                             each day to facilitate passage of vessel                FOR FURTHER INFORMATION CONTACT:   If
                                             traffic from 11 a.m. to 1 p.m., and the                                                                        RIN 1625–AA00
                                                                                                     you have questions about this notice of
                                             bridge will revert to open on demand                    enforcement, call or email LT Lindsay
                                             status at 4:30 p.m. each day.                                                                                  Safety Zone; City of Valdez July 4th
                                                                                                     Cook, Waterways Management Division,                   Fireworks, Port Valdez; Valdez, AK
                                                Navigation at the site of the bridge
                                                                                                     Marine Safety Unit Chicago, at 630–
                                             consists mainly of tows with barges and                                                                        AGENCY:    Coast Guard, DHS.
                                             some recreational pleasure craft. The                   986–2155, email address
                                             bridge can open in case of emergency.                   Lindsay.N.Cook@uscg.mil.                               ACTION:   Final rule.
                                             No alternate routes are available. The                  SUPPLEMENTARY INFORMATION:      The Coast              SUMMARY:   The Coast Guard is
                                             Coast Guard will inform the users of the                Guard will enforce the Michigan City                   establishing a permanent safety zone on
                                             waterway through our Local and                          Summerfest listed as item (e)(35) in                   the navigable waters of Port Valdez,
                                             Broadcast Notices to Mariners of the                    Table 165.929 of 33 CFR 165.929 from                   Valdez, Alaska, in the vicinity of the
                                             change in operating schedule for the                    8:45 p.m. until 9:45 p.m. on July 4,                   Valdez Spit. The safety zone is
                                             bridge so that vessel operators can                     2017. This action is being taken to                    necessary to protect persons and vessels
                                             arrange transits to minimize any impact                                                                        from the hazards associated with the
                                                                                                     provide for the safety of life on a
                                             caused by the temporary deviation.                                                                             annual City of Valdez July 4th
                                                In accordance with 33 CFR 117.35(e),                 navigable waterway during the
                                                                                                     fireworks display. Section 165.929 lists               Fireworks Display event. This rule is
                                             the drawbridge must return to its regular                                                                      intended to restrict vessels from a
                                             operating schedule immediately at the                   many annual events requiring safety
                                                                                                     zones in the Captain of the Port Lake                  portion of the navigable waters of Port
                                             end of the effective period of this                                                                            Valdez, in the immediate vicinity of the
                                             temporary deviation. This deviation                     Michigan Zone. This safety zone
                                                                                                     encompasses all waters of Michigan City                fireworks launch platforms, before,
                                             from the operating regulations is                                                                              during, and immediately after the
                                             authorized under 33 CFR 117.35.                         Harbor and Lake Michigan within the
                                                                                                                                                            fireworks event.
                                               Dated: May 31, 2017.                                  arc of a circle with a 1,000 foot radius
                                                                                                     from the launch site located in position               DATES: This rule is effective July 3,
                                             Eric A. Washburn,                                                                                              2017.
                                                                                                     41°43.700′ N., 086°54.617′ W. During
                                             Bridge Administrator, Eighth Coast Guard
                                             District.                                               the enforcement period, no vessel may                  ADDRESSES:   To view documents
                                             [FR Doc. 2017–11553 Filed 6–2–17; 8:45 am]
                                                                                                     transit this regulated area without                    mentioned in this preamble as being
                                                                                                     approval from the Captain of the Port                  available in the docket, go to http://
                                             BILLING CODE 9110–04–P
                                                                                                     Lake Michigan or a Captain of the Port                 www.regulations.gov, type USCG–2017–
                                                                                                     Lake Michigan designated                               0092 in the ‘‘SEARCH’’ box and click
                                             DEPARTMENT OF HOMELAND                                  representative. Vessels and persons                    ‘‘SEARCH.’’ Click on Open Docket
                                             SECURITY                                                granted permission to enter the safety                 Folder on the line associated with this
                                                                                                     zone shall obey all lawful orders or                   rule.
                                             Coast Guard                                             directions of the Captain of the Port                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                     Lake Michigan, or his or her on-scene                  you have questions on this rule, call or
                                             33 CFR Part 165                                         representative.                                        email Lieutenant Commander Walner
                                             [Docket No. USCG–2015–0530]                                                                                    W. Alvarez, Chief of Waterways
                                                                                                        This notice of enforcement is issued                Management Division, U.S. Coast Guard
                                                                                                     under authority of 33 CFR 165.929,                     Marine Safety Unit Valdez; telephone
                                             Safety Zones; Annual Events
                                                                                                     Safety Zones; Annual events requiring                  (907) 835–7223, email
                                             Requiring Safety Zones in the Captain
                                             of the Port Lake Michigan Zone—                         safety zones in the Captain of the Port                Walner.W.Alvarez@uscg.mil.
                                             Michigan City Summerfest Fireworks,                     Lake Michigan zone and 5 U.S.C. 552(a).
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                             Lake Michigan                                           In addition to this notice in the Federal
                                                                                                     Register, the Coast Guard will provide                 I. Table of Abbreviations
                                             AGENCY:  Coast Guard, DHS.                              the maritime community with advance                    CFR Code of Federal Regulations
                                             ACTION: Notice of enforcement of                        notification of this enforcement period                COTP Captain of the Port
                                             regulation.                                             via Broadcast Notice to Mariners or                    DHS Department of Homeland Security
                                                                                                     Local Notice to Mariners. The Captain of               FR Federal Register
                                             SUMMARY:   The Coast Guard will enforce                                                                        NPRM Notice of proposed rulemaking
                                             the Michigan City Summerfest                            the Port Lake Michigan, or a designated
                                                                                                                                                            § Section
                                             Fireworks Safety Zone on a portion of                   on-scene representative may be
                                                                                                                                                            U.S.C. United States Code
                                             Lake Michigan on July 4, 2017. This                     contacted via Channel 16, VHF–FM.
                                             action is necessary and intended to                       Dated: May 23, 2017
                                                                                                                                                            II. Background, Purpose, and Legal
                                             ensure safety of life and property on                                                                          Basis
                                                                                                     A.B. Cocanour,
                                             navigable waters prior to, during, and                                                                           The Coast Guard began issuing
nlaroche on DSK30NT082PROD with RULES




                                                                                                     Captain, U.S. Coast Guard, Captain of the
                                             immediately after the fireworks display.                Port Lake Michigan.                                    temporary final rules establishing safety
                                             During the enforcement period listed                                                                           zones during the Valdez July 4th
                                                                                                     [FR Doc. 2017–11486 Filed 6–2–17; 8:45 am]
                                             below, the Coast Guard will enforce                                                                            Fireworks Display. These temporary
                                                                                                     BILLING CODE 9110–04–P
                                             restrictions upon, and control                                                                                 safety zones were established for each
                                             movement of, vessels that transit this                                                                         year’s event beginning in 2014. The
                                             regulated area with the approval from                                                                          Coast Guard received no comments or


                                        VerDate Sep<11>2014   13:56 Jun 02, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\05JNR1.SGM   05JNR1


                                                                  Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations                                          25729

                                             concerns from the public when the                       persons and vessels before, during, and                through the safety zones with the
                                             temporary safety zones were in place.                   immediately after the fireworks launch,                permission of the COTP, Prince William
                                             Due to the repeating nature of the event,               this zone will be enforced from 9:30                   Sound, Alaska. Moreover, the Coast
                                             on February 28, 2017, the Coast Guard                   p.m. to 11:30 p.m. Entry into, transiting,             Guard would issue a Broadcast Notice to
                                             published a notice of proposed                          or anchoring within the safety zone is                 Mariners via VHF–FM marine channel
                                             rulemaking (NPRM) titled Safety Zone;                   prohibited unless authorized by the                    16 about the zone, and the rule would
                                             City of Valdez July 4th Fireworks, Port                 COTP, Prince William Sound or the                      allow vessels to seek permission to enter
                                             Valdez; Valdez, AK (82 FR 12076).                       designated representative. Vessels will                the zone.
                                             There we stated why we issued the                       be able to transit the surrounding area
                                                                                                                                                            B. Impact on Small Entities
                                             NPRM, and invited comments on our                       and may be authorized to transit
                                             proposed regulatory action related to                   through the safety zone with the                          The Regulatory Flexibility Act of
                                             this fireworks display. During the                      permission of the COTP or the                          1980, 5 U.S.C. 601–612, as amended,
                                             comment period that ended March 30,                     designated representative. Before                      requires Federal agencies to consider
                                             2017 we received nine comments. The                     activating the zone COTP, Prince                       the potential impact of regulations on
                                             legal basis for the rule is the Coast                   William Sound will notify mariners by                  small entities during rulemaking. The
                                             Guard’s authority to establish limited                  appropriate means including but not                    term ‘‘small entities’’ comprises small
                                             access areas: 33 U.S.C 1231; 50 U.S.C.                  limited to Local Notice to Mariners and                businesses, not-for-profit organizations
                                             191; 33 CFR 1.05–1, 6.04–1, 6.04–6,                     Broadcast Notice to Mariners.                          that are independently owned and
                                             160.5; Department of Homeland                             This rule is being established for the               operated and are not dominant in their
                                             Security Delegation No. 0170.1.                         safety of life on the navigable waters                 fields, and governmental jurisdictions
                                                                                                     during the fireworks display event.                    with populations of less than 50,000.
                                             III. Legal Authority and Need for Rule                                                                         The Coast Guard received no comments
                                                The purpose of this rule is to enhance               V. Regulatory Analyses                                 from the Small Business Administration
                                             the safety for spectators and mariners                    We developed this rule after                         on this rulemaking. The Coast Guard
                                             attending a community event that                        considering numerous statutes and                      certifies under 5 U.S.C. 605(b) that this
                                             involves a relatively large fireworks                   Executive Orders related to rulemaking.                rule would not have a significant
                                             display. The Coast Guard anticipates                    Below we summarize our analyses                        economic impact on a substantial
                                             that a large number of spectators will                  based on a number of these statutes and                number of small entities.
                                             congregate around the launch position                   Executive orders and we discuss First                     While some owners or operators of
                                             during the display. The COTP, Prince                    Amendment rights of protestors.                        vessels intending to transit the safety
                                             William Sound has determined that the                                                                          zone may be small entities, for the
                                                                                                     A. Regulatory Planning and Review
                                             fireworks launched near a gathering of                                                                         reasons stated in section V. B above, this
                                             watercrafts may pose a significant risk                    Executive Orders 12866 (‘‘Regulatory                rule would not have a significant
                                             to public safety and property. Such                     Planning and Review’’) and 13563                       economic impact on any vessel owner
                                             hazards include premature and                           (‘‘Improving Regulation and Regulatory                 or operator.
                                             accidental detonations, falling and                     Review’’) direct agencies to assess the                   Under section 213(a) of the Small
                                             burning debris, and vessels operating in                costs and benefits of available regulatory             Business Regulatory Enforcement
                                             close proximity to each other. The safety               alternatives and, if regulation is                     Fairness Act of 1996 (Pub. L. 104–121),
                                             zone is necessary to provide for the                    necessary, to select regulatory                        we want to assist small entities in
                                             safety of persons and vessels attending                 approaches that maximize net benefits                  understanding this rule. If the rule
                                             the event in the navigable waters in the                including potential economic,                          would affect your small business,
                                             vicinity of the fireworks launch site.                  environmental, public health and safety                organization, or governmental
                                                                                                     effects, distributive impacts, and equity.             jurisdiction and you have questions
                                             IV. Discussion of Comments, Changes,
                                                                                                     Executive Order 13563 emphasizes the                   concerning its provisions or options for
                                             and the Rule
                                                                                                     importance of quantifying both costs                   compliance, please contact the person
                                                As noted above, we received nine                     and benefits, of reducing costs, of                    listed in the FOR FURTHER INFORMATION
                                             comments on our NPRM published                          harmonizing rules, and of promoting                    CONTACT section.
                                             February 28, 2017. All of the                           flexibility. Executive Order 13771                        Small businesses may send comments
                                             commenters agreed that the fireworks                    (‘‘Reducing Regulation and Controlling                 on the actions of Federal employees
                                             display justified a safety zone, with                   Regulatory Costs’’), directs agencies to               who enforce, or otherwise determine
                                             several commenters highlighting the                     reduce regulation and control regulatory               compliance with, Federal regulations to
                                             safety dangers that fireworks presented.                costs and provides that ‘‘for every one                the Small Business and Agriculture
                                             Based on these comments, the Coast                      new regulation issued, at least two prior              Regulatory Enforcement Ombudsman
                                             Guard is not making changes in the                      regulations be identified for elimination,             and the Regional Small Business
                                             regulatory text of this rule. This rule                 and that the cost of planned regulations               Regulatory Fairness Boards. The
                                             establishes a permanent safety zone on                  be prudently managed and controlled                    Ombudsman evaluates these actions
                                             the navigable waters of Port Valdez,                    through a budgeting process.’’                         annually and rates each agency’s
                                             within a 200 yard radius of the location                   The Office of Management and Budget                 responsiveness to small business. If you
                                             where the fireworks will be launched on                 (OMB) has not designated this rule a                   wish to comment on actions by
                                             the Valdez Spit for the City of Valdez                  significant regulatory action under                    employees of the Coast Guard, call 1–
                                             July 4th Fireworks Display. The safety                  section 3(f) of Executive Order 12866.                 888–REG–FAIR (1–888–734–3247). The
                                             zone is necessary to ensure the safety of               Accordingly, OMB has not reviewed it.                  Coast Guard will not retaliate against
                                             spectators and vessels from hazards                        This regulatory action determination
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                                                                                                                                                            small entities that question or complain
                                             associated with fireworks displays. The                 is based on the size, location, duration,              about this rule or any policy or action
                                             fireworks displays are expected to occur                and time-of-day of the safety zone. The                of the Coast Guard.
                                             between 10:00 p.m. and 11:00 p.m. In                    Coast Guard’s enforcement of the safety
                                             order to coordinate the safe movement                   zone will be of short duration,                        C. Collection of Information
                                             of vessels within the area and to ensure                approximately two hours. Furthermore,                    This rule would not call for a new
                                             that the area is clear of unauthorized                  vessels may be authorized to transit                   collection of information under the


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                                             25730                Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations

                                             Paperwork Reduction Act of 1995 (44                     Commandant Instruction M16475.lD. A                    as well as the following regulations,
                                             U.S.C. 3501–3520).                                      Record of Environmental Consideration                  apply.
                                                                                                     (REC) supporting this determination is                   (2) The safety zone is closed to all
                                             D. Federalism and Indian Tribal
                                                                                                     available in the docket where indicated                vessel traffic, except as may be
                                             Governments
                                                                                                     in the ADDRESSES section of this                       permitted by the COTP or the
                                                A rule has implications for                          preamble.                                              designated representative during
                                             Federalism under Executive Order                                                                               periods of enforcement.
                                             13132 if it has a substantial direct effect             G. Protest Activities                                    (3) All persons and vessels shall
                                             on the States, on the relationship                        The Coast Guard respects the First                   comply with the instructions of the
                                             between the national government and                     Amendment rights of protesters.                        COTP or the designated representative.
                                             the States, or on the distribution of                   Protesters are asked to contact the                    Upon being hailed by a U.S. Coast
                                             power and responsibilities among the                    person listed in the FOR FURTHER                       Guard vessel or other official patrol
                                             various levels of government. We have                   INFORMATION CONTACT section to                         vessel by siren, radio, flashing light or
                                             analyzed this rule under that Order and                 coordinate protest activities so that your             other means, the operator of the vessel
                                             have determined that it is consistent                   message can be received without                        shall proceed as directed.
                                             with the fundamental federalism                         jeopardizing the safety or security of                   (4) Vessel operators desiring to enter
                                             principles and preemption requirements                  people, places, or vessels.                            or operate within the regulated area may
                                             described in Executive Order 13132.                                                                            request permission from the COTP via
                                                Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165                    VHF Channel 16 or (907) 835–7205
                                             implications under Executive Order                        Harbors, Marine safety, Navigation                   (Prince William Sound Vessel Traffic
                                             13175, Consultation and Coordination                    (water), Reporting and recordkeeping                   Center) to request permission to do so.
                                             with Indian Tribal Governments,                         requirements, Security measures,                         (5) The Coast Guard will issue a
                                             because it would not have a substantial                 Waterways.                                             Broadcast Notice to Mariners to advise
                                             direct effect on one or more Indian                                                                            mariners of the safety zone before and
                                             tribes, on the relationship between the                   For the reasons discussed in the
                                                                                                     preamble, the Coast Guard amends 33                    during the event.
                                             Federal Government and Indian tribes,                                                                            (6) The COTP may be aided by other
                                             or on the distribution of power and                     CFR part 165 as follows:
                                                                                                                                                            Federal, state, borough and local law
                                             responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                          enforcement officials in the enforcement
                                             Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                         of this regulation.
                                             believe this rule has implications for
                                                                                                                                                              Dated: May 16, 2017.
                                             Federalism or Indian tribes, please                     ■ 1. The authority citation for part 165               J.T. Lally,
                                             contact the person listed in the FOR                    continues to read as follows:
                                             FURTHER INFORMATION CONTACT section.                                                                           Commander, U.S. Coast Guard, Captain of
                                                                                                       Authority: 33 U.S.C 1231; 50 U.S.C. 191;             the Port, Prince William Sound, Alaska.
                                             E. Unfunded Mandates Reform Act                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              [FR Doc. 2017–11572 Filed 6–2–17; 8:45 am]
                                                                                                     Department of Homeland Security Delegation
                                               The Unfunded Mandates Reform Act                      No. 0170.1.
                                                                                                                                                            BILLING CODE 9110–04–P
                                             of 1995 (2 U.S.C. 1531–1538) requires
                                             Federal agencies to assess the effects of               ■   2. Add § 165.1713 to read as follows:
                                             their discretionary regulatory actions. In                                                                     ENVIRONMENTAL PROTECTION
                                                                                                     § 165.1713 Safety Zone; City of Valdez July
                                             particular, the Act addresses actions                   4th Fireworks, Port Valdez; Valdez, AK.                AGENCY
                                             that may result in the expenditure by a
                                             State, local, or tribal government, in the                 (a) Regulated area. The following area              40 CFR Part 60
                                             aggregate, or by the private sector of                  is a permanent safety zone: All
                                                                                                     navigable waters of Port Valdez within                 [EPA–HQ–OAR–2010–0505; FRL–9963–40–
                                             $100,000,000 (adjusted for inflation) or                                                                       OAR]
                                             more in any one year. Though this rule                  a 200-yard radius from a position of
                                             would not result in such an                             61°07′22″ N. and 146°21′13″ W. This                    RIN 2060–AT63
                                             expenditure, we do discuss the effects of               includes the entrance to the Valdez
                                                                                                     small boat harbor.                                     Oil and Natural Gas Sector: Emission
                                             this rule elsewhere in this preamble.                                                                          Standards for New, Reconstructed,
                                                                                                        (b) Effective date. This rule will be
                                             F. Environment                                          effective from 9:30 p.m. until 11:30 p.m.              and Modified Sources; Grant of
                                               We have analyzed this rule under                      on July 4th of each year, or during the                Reconsideration and Partial Stay
                                             Department of Homeland Security                         same time frame on specified rain dates                AGENCY:   Environmental Protection
                                             Management Directive 023–01 and                         of July 5th through July 8th of each year.             Agency (EPA).
                                             Commandant Instruction M16475.lD,                          (c) Definitions. The following                      ACTION: Notice of reconsideration and
                                             which guide the Coast Guard in                          definitions apply to this section:                     partial stay.
                                             complying with the National                                (1) The term ‘‘designated
                                             Environmental Policy Act of 1969 (42                    representative’’ means any Coast Guard                 SUMMARY:    By a letter dated April 18,
                                             U.S.C. 4321–4370f), and have made a                     commissioned, warrant or petty officer                 2017, the Administrator announced the
                                             preliminary determination that this                     of the U. S. Coast Guard who has been                  convening of a proceeding for
                                             action is one of a category of actions that             designated by the COTP, Prince William                 reconsideration of the fugitive emission
                                             do not individually or cumulatively                     Sound, to act on his or her behalf.                    requirements at well sites and
                                             have a significant effect on the human                     (2) The term ‘‘official patrol vessel’’             compressor station sites in the final
                                             environment. This rule involves the                     may consist of any Coast Guard, Coast                  rule, ‘‘Oil and Natural Gas Sector:
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                                             establishment of a permanent safety                     Guard Auxiliary, state, or local law                   Emission Standards for New,
                                             zone on the navigable waters of Port                    enforcement vessels assigned or                        Reconstructed, and Modified Sources,’’
                                             Valdez, in the vicinity of the Valdez                   approved by the COTP, Prince William                   published in the Federal Register on
                                             Spit. It is categorically excluded from                 Sound.                                                 June 3, 2016. In this action, the
                                             further review in accordance with                          (d) Regulations. (1) The general                    Environmental Protection Agency (EPA)
                                             paragraph 34(g) of Figure 2–1 of                        regulations contained in 33 CFR 165.23,                is granting reconsideration of additional


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Document Created: 2018-11-14 10:00:40
Document Modified: 2018-11-14 10:00:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective July 3, 2017.
ContactIf you have questions on this rule, 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 25728 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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