Safety Zone; Sea Otter Point, Port of Valdez, AK, 61346-61348 [2024-16821]
Download as PDF
61346
Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Rules and Regulations
(4) * * *
(iii) Standard mortality table—(A)
Projection of base table. Except as
otherwise provided in this paragraph
(d)(4)(iii), the standard mortality table
for a year is the mortality table
determined by applying cumulative
mortality improvement factors
determined under § 1.430(h)(3)–
1(b)(2)(ii) to the base mortality table
under § 1.430(h)(3)–1(d) for the period
beginning with the base year for that
mortality table and ending in the base
year for the base substitute mortality
table determined under paragraph
(c)(3)(ii) of this section. For purposes of
the preceding sentence, the cumulative
mortality improvement factors are
determined using the mortality
improvement rates described in
§ 1.430(h)(3)–1(b)(1)(iii) that apply for
the calendar year during which the plan
sponsor submits the request for
approval to use substitute mortality
tables.
(B) Adjustments to standard mortality
table for 2020, 2021, and 2022. If a 12month period in the experience study
period begins after December 31, 2019,
and before January 1, 2023, the
probability of death for an individual
under paragraph (d)(4)(ii)(A)(2)(i) of this
section is determined as the mortality
rate for the individual’s age (at the
beginning of the year) and gender from
the standard mortality table determined
under paragraph (d)(4)(iii)(A) of this
section multiplied by the adjustment
factor in Table 1 for the calendar year
that includes the first day of the 12month period. For example, for an
experience study period that begins
April 1, 2019, and ends March 31, 2023,
the probability of death for the year
beginning April 1, 2022, for a male
annuitant who is age 65 as of that date
is the probability of death from the base
mortality table (0.01087), multiplied by
the cumulative mortality improvement
factor for the period from 2012 to 2021
(1.02292) and by the adjustment factor
for the 2022 calendar year of 1.075,
resulting in a probability of death of
0.01195.
TABLE 1 TO PARAGRAPH (d)(4)(iii)(B)
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Calendar year
Adjustment
factor
2020 ..........................................
2021 ..........................................
2022 ..........................................
1.15
1.15
1.075
(C) Selection of base table. If the
population consists solely of annuitants,
the annuitant base mortality table set
forth in § 1.430(h)(3)–1(d) must be used
for purposes of paragraph (d)(4)(iii)(A)
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16:00 Jul 30, 2024
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of this section. If the population consists
solely of nonannuitants, the
nonannuitant base mortality table set
forth in § 1.430(h)(3)–1(d) must be used
for that purpose. If the population
includes both annuitants and
nonannuitants, a combination of the
annuitant and nonannuitant base tables
set forth in § 1.430(h)(3)–1(d) must be
used for that purpose. The combined
table is constructed using the weighting
factors for small plans that are set forth
in § 1.430(h)(3)–1(d). The weighting
factors are applied to develop the
combined table using the following
equation:
Combined mortality rate =
[nonannuitant rate * (1¥weighting
factor)] + [annuitant rate *
weighting factor].
*
*
*
*
*
(g) Applicability date—(1) General
rule. This section applies for plan years
beginning on or after January 1, 2025.
Except as provided in paragraph (g)(2)
or (3) of this section, the substitute
mortality table used for a plan for such
a plan year must comply with the rules
of paragraphs (a) through (f) of this
section.
(2) Transition rule for previously
approved substitute mortality tables. If a
plan sponsor has received approval
from the Commissioner to use substitute
mortality tables for a plan year
beginning in 2025, then the plan’s base
substitute mortality tables that were
approved are treated as satisfying the
requirements of paragraph (d) or (e) of
this section, as applicable, for that plan
year.
(3) Transition rule for requests for
approval to use substitute mortality
tables. A written request described in
paragraph (b)(1)(i) of this section to use
substitute mortality tables for a plan
year that begins during 2025 does not
fail to satisfy the timing requirement of
paragraph (b)(1)(ii) of this section if it is
submitted no later than October 31,
2024, provided that the plan sponsor
agrees to a 90-day extension of the 180day review period in accordance with
paragraph (b)(2)(iv) of this section.
Douglas W. O’Donnell,
Deputy Commissioner.
Approved: July 8, 2024
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. 2024–16520 Filed 7–30–24; 8:45 am]
BILLING CODE 4830–01–P
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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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
the regulation 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.
DATES: rule is effective August 30, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0023 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email LT Abigail Ferrara, Marine
Safety Unit Valdez, US Coast Guard.
Telephone 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 Information and
Regulatory History
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
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Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Rules and Regulations
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 Guard again began issuing
temporary final rules annually for the
new date. Again, due to the repeating
nature of the event, we are issuing this
final rule to change the date and time to
reflect the correct event details.
On May 21, 2024, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Sea Otter Point, Port of Valdez, AK (89
FR 44945). 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 June 21,
2024, we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Prince William
Sound (COTP) has determined that it is
necessary to amend the CFR to reflect
the correct date of the fireworks display.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published May
21, 2024. The comment supported this
change, stating that fireworks do not
occur in Valdez on July 4th because the
sky does not get dark. The commenter
claimed to be the City of Valdez events
coordinator who has managed the
December 31st fireworks for seven
years. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
The COTP is amending the current
safety zone found in 33 CFR 165.1713
to reflect the correct date of the City of
Valdez’s annual fireworks display. The
date will change from July 4th to
December 31st. The regulatory text we
are amending appears at the end of this
document.
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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 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 rule has not been designated a
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16:00 Jul 30, 2024
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‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule 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 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 will 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 rule will 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 call or email 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
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61347
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 will 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 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 does 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.
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
will 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
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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
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61348
Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Rules and Regulations
significant effect on the human
environment. This rule involves
changing the date and shortening the
duration of an existing safety zone,
which prohibits traffic within 200 yards
of a firework display. It is 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 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.
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.
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
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 as follows:
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§ 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°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
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16:00 Jul 30, 2024
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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 section.
(d) Enforcement period. This section
will be enforced from 7:30 p.m. until 9
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: July 24, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of
the Port Prince William Sound.
[FR Doc. 2024–16821 Filed 7–30–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0649]
Regulated Navigation Area; Lake
Washington, Seattle, WA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
a regulated navigation area on Lake
Washington, Seattle Washington
immediately before and after Seafair
events from 8 a.m. through 8 p.m. each
day from August 1, 2024, through
August 4, 2024. This action is being
taken to provide for the safety of life on
SUMMARY:
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navigable waterways throughout the
duration of this 4-day event. The
location of this regulated navigation
area on portions of Lake Washington,
Seattle, Washington is specified in the
regulation. During the enforcement
periods all vessels and persons
transiting the regulated navigation area
must proceed at a speed which creates
minimum wake, 7 miles per hour or
less, unless a higher minimum speed is
necessary to maintain bare steerageway.
DATES: The regulation in 33 CFR
165.1341 will be enforced immediately
before and after Seafair events from 8
a.m. through 8 p.m. each day from
August 1, 2024, through August 4, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander John
Robertson, U.S. Coast Guard, Sector
Puget Sound, Waterways Management
Division; by telephone 206–217–6051,
or email SectorPugetSoundWWM@
uscg.mil.
The Coast
Guard will enforce the regulated
navigation area in 33 CFR 165.1341
immediately before and after Seafair
events from 8 a.m. through 8 p.m. each
day from August 1, 2024, through
August 4, 2024. This action is being
taken to provide for the safety of life on
navigable waterways during this 4-day
event. Seafair will be having several
events sporadically throughout the day.
Before and after these events, the Coast
Guard will be enforcing the regulated
navigation area in order to protect the
public from the potential hazards of
excessive vessel traffic associated with
these events. The regulation,
§ 165.1341(a), specifies the location of
the regulated navigation area
encompassing portions of Lake
Washington, Seattle, Washington.
During the enforcement periods, as
reflected in § 165.1341(c), all vessels
and persons transiting the regulated
navigation area must proceed at a speed
which creates minimum wake, 7 miles
per hour or less, unless a higher
minimum speed is necessary to
maintain bare steerageway.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of the enforcement period
via marine information broadcast and
Local Notice to Mariners.
SUPPLEMENTARY INFORMATION:
Dated: July 24, 2024.
Mark A. McDonnell,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Puget Sound.
[FR Doc. 2024–16820 Filed 7–30–24; 8:45 am]
BILLING CODE 9110–04–P
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Agencies
[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Rules and Regulations]
[Pages 61346-61348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16821]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the regulation 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.
DATES: rule is effective August 30, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0023 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT Abigail Ferrara, Marine Safety Unit Valdez, US Coast
Guard. Telephone 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 Information and Regulatory History
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
[[Page 61347]]
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 Guard again began issuing temporary final
rules annually for the new date. Again, due to the repeating nature of
the event, we are issuing this final rule to change the date and time
to reflect the correct event details.
On May 21, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Sea Otter Point, Port of Valdez,
AK (89 FR 44945). 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 June 21, 2024, we
received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Prince William Sound (COTP) has
determined that it is necessary to amend the CFR to reflect the correct
date of the fireworks display.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published May
21, 2024. The comment supported this change, stating that fireworks do
not occur in Valdez on July 4th because the sky does not get dark. The
commenter claimed to be the City of Valdez events coordinator who has
managed the December 31st fireworks for seven years. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
The COTP is amending the current safety zone found in 33 CFR
165.1713 to reflect the correct date of the City of Valdez's annual
fireworks display. The date will change from July 4th to December 31st.
The regulatory text we are amending appears at the end of this
document.
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 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 rule 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, this rule 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 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 will 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 rule will 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
call or email 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 will 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 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 does 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.
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 will 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
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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
[[Page 61348]]
significant effect on the human environment. This rule involves
changing the date and shortening the duration of an existing safety
zone, which prohibits traffic within 200 yards of a firework display.
It is 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 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.
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.
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: 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 as follows:
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 section.
(d) Enforcement period. This section will be enforced from 7:30
p.m. until 9 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: July 24, 2024.
S.K. Rousseau,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound.
[FR Doc. 2024-16821 Filed 7-30-24; 8:45 am]
BILLING CODE 9110-04-P