Safety Zone; Sea Otter Point, Port of Valdez, AK, 44945-44947 [2024-11044]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Proposed Rules
period for submission of public
comments.
The Agency has received a request for
an extension of the comment period for
the proposed rule. The request
conveyed concern that the current
comment period does not allow
sufficient time to develop a meaningful
or thoughtful response to the proposed
rule.
FDA has considered the request and
is extending the comment period for the
proposed rule for 60 days, until August
9, 2024. The Agency believes that a 60day extension allows adequate time for
interested persons to submit comments
without significantly delaying
rulemaking on these important issues.
Dated: May 17, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–11229 Filed 5–21–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0023]
RIN 1625–AA11
Safety Zone; Sea Otter Point, Port of
Valdez, AK
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to amend its regulations titled, Safety
Zone; City of Valdez July 4th Fireworks,
Port Valdez; Valdez, AK. The City of
Valdez has changed the annual firework
displays from July 4th to December 31st
each year. It is therefore necessary to
amend the CFR to reflect the correct
date of the fireworks display. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 21, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0023 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
khammond on DSKJM1Z7X2PROD with PROPOSALS
DATES:
VerDate Sep<11>2014
15:53 May 21, 2024
Jkt 262001
If
you have questions on this rulemaking,
call or email LTJG Abigail Ferrara,
Waterways Management Division, U.S.
Coast Guard; 907–835–7209, email
Abigail.C.Ferrara@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Prince William
Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 beginning in 2014.
The Coast Guard received no comments
or 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. Since then, the
City of Valdez has changed the firework
display from July 4th to December 31st.
The Coast Gurd again began issuing
temporary final rules annually for the
new date. Again, due to the repeating
nature of the event, we are issuing this
NPRM to change the date and time to
reflect the correct event details.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 200-yard
radius of the firework display before,
during, and after the scheduled event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The COTP is proposing to amend 33
CFR part 165.1713, titled Safety Zone;
City of Valdez July 4th Fireworks, Port
Valdez; Valdez, AK to reflect the actual
date of the fireworks display of
December 31st. The time of the safety
zone would change to 7:30 p.m. to 9:00
p.m. The safety zone would still
encompass all navigable waters of Port
Valdez within a 200-yard radius from a
position of 61°07′22″ N and 146°21′13″
W. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
44945
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on extremely limited vessel
traffic in the winter months, as well as
the size, location, time of day, and
duration of the safety zone.
Furthermore, vessels may request
authorization to transit through the
safety zone with the permission of the
COTP, Prince William Sound, Alaska.
The Coast Guard will still issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about 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 proposed rule would have
a significant economic impact on it,
E:\FR\FM\22MYP1.SGM
22MYP1
44946
Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Proposed Rules
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
khammond on DSKJM1Z7X2PROD with PROPOSALS
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
VerDate Sep<11>2014
15:53 May 21, 2024
Jkt 262001
$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
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have 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 Changing the date and
shortening the duration of an existing
safety zone, which prohibits traffic
within 200 yards of a firework display.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–0023 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Revise § 165.1713 Safety Zone; City
of Valdez July 4th Fireworks, Port
Valdez; Valdez, AK. to read as follows:
■
E:\FR\FM\22MYP1.SGM
22MYP1
khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Proposed Rules
§ 165.1713 Safety Zone; City of Valdez
Annual Fireworks Display within the
Captain of the Port, Prince William Sound
Zone, Port Valdez; Valdez, AK.
DEPARTMENT OF THE INTERIOR
(a) Regulated area. The following area
is a safety zone: All waters of Port
Valdez, from surface to bottom, within
a 200-yard radius from a position of
61°07′22″ N and 146°21′13″ W. These
coordinates are based on the 1984
World Geodetic System (WGS 84). This
includes the entrance to the Valdez
small boat harbor.
(b) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant or petty officer of the U. S.
Coast Guard and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Prince William
Sound (COTP) in the enforcement of the
safety zone. 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.
(c) Regulations. (1) The general safety
zone regulations contained in subpart C
of this part, 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 designated
representative by siren, radio, flashing
light, or other means, the operator of the
vessel shall proceed as directed.
(4) Anyone 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 COTP may be aided by other
Federal, state, borough, and local law
enforcement officials in the enforcement
of this regulation.
(d) Enforcement Period. This section
will be enforced from 7:30 p.m. until
9:00 p.m. on December 31st of each
year, or during the same time frame on
specified weather delay dates January
1st through January 5th each year.
36 CFR Part 7
Dated: May 15, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of
the Port Prince William Sound.
[FR Doc. 2024–11044 Filed 5–21–24; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
15:53 May 21, 2024
Jkt 262001
National Park Service
[NPS–CHAT–DTS#37160; PPSEGUIS00
PPMPSAS1Z.Y00000]
RIN 1024–AE80
Chattahoochee River National
Recreation Area; Bicycling
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
proposes to amend the special
regulations for Chattahoochee River
National Recreation Area to allow for
bicycle use on approximately 20.6 miles
of trails.
DATES: Comments on the proposed rule
must be received by 11:59 p.m. EDT on
July 22, 2024.
ADDRESSES: You may submit comments,
identified by Regulation Identifier
Number (RIN) 1024–AE80, by either of
the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
(2) By hard copy: Mail to:
Superintendent, Chattahoochee River
National Recreation Area, 1978 Island
Ford Parkway, Sandy Springs, Georgia
30350.
Document Availability: The
Chattahoochee River National
Recreation Area Comprehensive Trails
Management Plan/Environmental
Assessment (EA), Finding of No
Significant Impact (FONSI), and related
project documents provide information
and context for this proposed rule and
are available online at https://park
planning.nps.gov/chat by clicking the
link entitled ‘‘Comprehensive Trails
Management Plan’’ and then clicking
the link entitled ‘‘Document List.’’
Instructions: Comments will not be
accepted by fax, email, or in any way
other than those specified above. All
submissions received must include the
words ‘‘National Park Service’’ or
‘‘NPS’’ and must include the docket
number or RIN (1024–AE80) for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
view comments received, go to https://
www.regulations.gov and search for
‘‘1024–AE80.’’
FOR FURTHER INFORMATION CONTACT: Beth
Wheeler, Chief of Planning, Resources
and Education, Chattahoochee River
SUMMARY:
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
44947
National Recreation Area; (678) 538–
1321; beth_wheeler@nps.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. In
compliance with the Providing
Accountability Through Transparency
Act of 2023, the plain language
summary of the proposal is available on
Regulations.gov in the docket for this
rulemaking.
SUPPLEMENTARY INFORMATION:
Background
Purpose and Management Authority for
the Recreation Area
The Chattahoochee River is one of the
oldest and most stable river channels in
North America. It begins as a tiny
stream in northern Georgia, passes
through the suburbs north of Atlanta,
and flows 430 miles to its confluence
with the Flint River at the Florida
border. In 1978, the United States
Congress established Chattahoochee
River National Recreation Area by
finding that the values of a 48-mile
segment of the river and its adjoining
lands in the State of Georgia, from
Buford Dam downstream to Peachtree
Creek, are of special national
significance and ‘‘should be preserved
and protected from developments and
uses which would substantially impair
or destroy them.’’ 16 U.S.C. 460ii.
Congress stated that the Recreational
Area shall consist of ‘‘the river and its
bed together with the lands, waters, and
interests therein.’’ 16 U.S.C. 460ii.
In 1984, Congress amended the
Recreation Area’s enabling legislation
by stating that the corridor located
within 2,000 feet of each bank along the
48-mile river segment was ‘‘an area of
national concern.’’ This amendment
increased the size of the Recreation Area
from 6,300 acres to 6,800 acres. A
subsequent amendment, passed in 1999,
expanded the authorized boundary of
the Recreation Area to include an
additional 3,200 acres and provided
funding to support the acquisition of
land-based linear corridors to link
existing units of the Recreation Area
and protect other open spaces of the
Chattahoochee River corridor.
The National Park Service (NPS)
manages the Recreational Area as a unit
of the National Park System. In addition
to the enabling legislation described
above, the NPS manages the Recreation
E:\FR\FM\22MYP1.SGM
22MYP1
]]>Agencies
[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Proposed Rules]
[Pages 44945-44947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11044]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0023]
RIN 1625-AA11
Safety Zone; Sea Otter Point, Port of Valdez, AK
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend its regulations titled,
Safety Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez,
AK. The City of Valdez has changed the annual firework displays from
July 4th to December 31st each year. It is therefore necessary to amend
the CFR to reflect the correct date of the fireworks display. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0023 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
rulemaking, call or email LTJG Abigail Ferrara, Waterways Management
Division, U.S. Coast Guard; 907-835-7209, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Prince William Sound
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 beginning in
2014. The Coast Guard received no comments or 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. Since then, the
City of Valdez has changed the firework display from July 4th to
December 31st. The Coast Gurd again began issuing temporary final rules
annually for the new date. Again, due to the repeating nature of the
event, we are issuing this NPRM to change the date and time to reflect
the correct event details.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 200-yard radius of the firework
display before, during, and after the scheduled event. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to amend 33 CFR part 165.1713, titled Safety
Zone; City of Valdez July 4th Fireworks, Port Valdez; Valdez, AK to
reflect the actual date of the fireworks display of December 31st. The
time of the safety zone would change to 7:30 p.m. to 9:00 p.m. The
safety zone would still encompass 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. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on extremely limited
vessel traffic in the winter months, as well as the size, location,
time of day, and duration of the safety zone. Furthermore, vessels may
request authorization to transit through the safety zone with the
permission of the COTP, Prince William Sound, Alaska. The Coast Guard
will still issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about 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 proposed rule
would have a significant economic impact on it,
[[Page 44946]]
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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 Changing
the date and shortening the duration of an existing safety zone, which
prohibits traffic within 200 yards of a firework display. Normally such
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-0023 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 165.1713 Safety Zone; City of Valdez July 4th
Fireworks, Port Valdez; Valdez, AK. to read as follows:
[[Page 44947]]
Sec. 165.1713 Safety Zone; City of Valdez Annual Fireworks Display
within the Captain of the Port, Prince William Sound Zone, Port Valdez;
Valdez, AK.
(a) Regulated area. The following area is a safety zone: All waters
of Port Valdez, from surface to bottom, within a 200-yard radius from a
position of 61[deg]07'22'' N and 146[deg]21'13'' W. These coordinates
are based on the 1984 World Geodetic System (WGS 84). This includes the
entrance to the Valdez small boat harbor.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant or petty officer of the U.
S. Coast Guard and a Federal, State, and local officer designated by or
assisting the Captain of the Port Prince William Sound (COTP) in the
enforcement of the safety zone. 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.
(c) Regulations. (1) The general safety zone regulations contained
in subpart C of this part, 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
designated representative by siren, radio, flashing light, or other
means, the operator of the vessel shall proceed as directed.
(4) Anyone 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 COTP may be aided by other Federal, state, borough, and
local law enforcement officials in the enforcement of this regulation.
(d) Enforcement Period. This section will be enforced from 7:30
p.m. until 9:00 p.m. on December 31st of each year, or during the same
time frame on specified weather delay dates January 1st through January
5th each year.
Dated: May 15, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound.
[FR Doc. 2024-11044 Filed 5-21-24; 8:45 am]
BILLING CODE 9110-04-P
