74044 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0668] 

RIN 1625–AA00 

Safety Zone; City of Valdez July 4th 

Fireworks Display, Port Valdez; Valdez, 

AK 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a permanent safety zone on the 

navigable waters of Port Valdez, Valdez, 

Alaska, in the vicinity of the Valdez 

Spit. The proposed safety zone is 

necessary to protect persons and vessels 

from the hazards associated with the 

annual City of Valdez July 4th 

Fireworks Display event. This rule is 

intended to restrict vessels from a 

portion of the navigable waters of Port 

Valdez, in the immediate vicinity of the 

fireworks launch platforms, before, 

during, and immediately after the 

fireworks event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 16, 2015. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Jason A. 

Smilie, Chief of Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Valdez; telephone (907) 

835–7223, email Jason.A.Smilie@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

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. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number USCG–2014–0668 in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on ‘‘Submit a Comment’’ on the 

line associated with this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 8.5 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number USCG–2014–0668 in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this rulemaking. You 

may also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one, using one of the methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Regulatory History and Information 

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 2010. The 

Coast Guard received no comments or 

concerns from the public when the 

temporary safety zones were in place. 

This Notice of Proposed Rulemaking 

proposes to permanently establish a 

safety zone of the exact same size and 

position as that which were established 

under the temporary final rules since 

2010. 

C. Basis and Purpose 

(a) The legal basis for the rule is the 

Coast Guard’s authority to establish 

limited access areas: 33 U.S.C 1231; 46 

U.S.C. Chapter 701, 3306, 3703; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 

6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 

2064; Department of Homeland Security 

Delegation No. 0170.1. 


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Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Proposed Rules 74045 

(b) 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 Captain of the 

Port Prince William Sound has 

determined that the fireworks launched 

near a gathering of watercrafts may pose 

a significant risk to public safety and 

property. Such hazards include 

premature and accidental detonations, 

falling and burning debris, and vessels 

operating in close proximity to each 

other. The safety zone is necessary to 

provide for the safety of persons and 

vessels attending the event in the 

navigable waters in the vicinity of the 

fireworks launch site. 

D. Discussion of Proposed Rule 

The Coast Guard proposes to establish 

a permanent safety zone on the 

navigable waters of Port Valdez, within 

a 200 yard radius of the location where 

the fireworks will be launched on the 

Valdez Spit for the City of Valdez July 

4th Fireworks Display. The proposed 

safety zone is necessary to ensure the 

safety of spectators and vessels from 

hazards associated with fireworks 

displays. The fireworks displays are 

expected to occur between 10:00 p.m. 

and 11:00 p.m. In order to coordinate 

the safe movement of vessels within the 

area and to ensure that the area is clear 

of unauthorized persons and vessels 

before, during, and immediately after 

the fireworks launch, this zone will be 

enforced from 9:30 p.m. to 11:30 p.m. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Prince William Sound or the 

designated representative. Vessels will 

be able to transit the surrounding area 

and may be authorized to transit 

through the proposed safety zone with 

the permission of the COTP or the 

designated representative. Before 

activating the zone we will notify 

mariners by appropriate means 

including but not limited to Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

This rule is being proposed to provide 

for the safety of life on the navigable 

waters during the fireworks display 

event, and to give the public the 

opportunity to comment on the 

proposed safety zone location, size, and 

length of time the zone will be 

activated. 

D. 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 or 

executive orders. 

1. Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. The Coast Guard’s enforcement 

of the proposed safety zone will be of 

short duration, approximately two 

hours. Furthermore, vessels may be 

authorized to transit through the 

proposed safety zones with the 

permission of the Captain of the Port 

Prince William Sound, Alaska. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This proposed rule may affect the 

following entities, some of which may 

be small entities: The owners or 

operators of vessels intending to transit, 

anchor, or fish in a portion of Port 

Valdez in the vicinity of the Valdez Spit 

during the period of enforcement of the 

proposed safety zone. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons; this rule will be 

enforced for only two hours and vessel 

traffic will be able to navigate safely 

around the proposed safety zone. Before 

and during the enforcement period, we 

will also issue maritime advisories 

widely available to the mariners that 

transit Port Valdez and Prince William 

Sound. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

3. Assistance for Small Entities 

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 

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 above. 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. 

4. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

5. Federalism 

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 

determined that this rule does not have 

implications for Federalism. 

6. 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. 

7. 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 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in the preamble. 


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74046 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Proposed Rules 

8. Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

9. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

11. Indian Tribal Governments 

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. 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves the establishment of a 

permanent safety zone on the navigable 

waters of Port Valdez, in the vicinity of 

the Valdez Spit. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701; 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T17–0668 to read as 

follows: 

§ 165.T17–0668 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°07′22′′ N and 146°21′10′′ 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 timeframe on specified rain dates 

of July 5th through July 8th of each year. 

(c) Definitions. The following 

definitions apply to this section: 

(1) The term ‘‘designated 

representative’’ means any Coast Guard 

commissioned, warrant or petty officer 

of the U.S. Coast Guard who has been 

designated by the Captain of the Port 

(COTP), Prince William Sound, to act on 

his or her behalf. 

(2) The term ‘‘official patrol vessel’’ 

may consist of any Coast Guard, Coast 

Guard Auxiliary, state, or local law 

enforcement vessels assigned or 

approved by the COTP, Prince William 

Sound. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23, 

as well as the following regulations, 

apply. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the 

designated representative during 

periods of enforcement. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or the designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel or other official patrol 

vessel by siren, radio, flashing light or 

other means, the operator of the vessel 

shall proceed as directed. 

(4) Vessel operators desiring to enter 

or operate within the regulated area may 

request permission from the COTP via 

VHF Channel 16 or (907) 835–7205 

(Prince William Sound Vessel Traffic 

Center) to request permission to do so. 

(5) The Coast Guard will issue a 

broadcast notice to mariners to advise 

mariners of the safety zone before and 

during the event. 

(6) The COTP may be aided by other 

Federal, state, borough and local law 

enforcement officials in the enforcement 

of this section. 

Dated: December 9, 2014. 

M.R. Franklin, 

Lieutenant Commander, U.S. Coast Guard, 

Acting, Captain of the Port Prince William 

Sound, Alaska. 

[FR Doc. 2014–29229 Filed 12–12–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2014–0683, FRL–9920–40– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Infrastructure SIP for the 2008 Lead 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

certain elements of New York’s State 

Implementation Plan (SIP) revision 

submitted to demonstrate that the State 

meets the requirements of section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 2008 National Ambient 

Air Quality Standard (NAAQS) for lead 

(Pb). Section 110(a) of the CAA requires 


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