[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39172-39174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16117]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0512]
RIN 1625-AA00
Safety Zone: Skagway Harbor, Skagway, AK for 4th of July
Fireworks
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has established a temporary safety zone on the
navigable waters within a 1,000 foot radius of the fireworks launching
point located on the White Pass and Yukon Railway Dock in position
59[deg]26.70' north and 135[deg]19.58' west in the vicinity of the
mouth of the Small Boat Harbor, Skagway, Alaska, to limit access for
the duration of the 4th of July Fireworks display. Persons desiring to
transit within this safety zone must contact the Captain of the Port
Southeast Alaska, or the designated on scene representative via VHF
radio channel 16 or 13 (156.650 MHz) to receive permission.
DATES: This rule is effective on July 3, 2012 from 9:00 p.m. local time
through July 10, 2012, 1:00 a.m. local time.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0512 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0512 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9:00
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Patrick Drayer, Chief of Waterways
Management, U.S. Coast Guard Sector Juneau; telephone (907) 463-2468,
email [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a)
[[Page 39173]]
of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because publishing an NPRM would be
impracticable and contrary to the public interest since immediate
action is needed to minimize potential danger to the public during the
event. Any delay in the effective date of this rule would prevent this
community event from occurring safely. The Coast Guard will issue a
broadcast notice to mariners to advise mariners of the temporary safety
zone and on-scene Coast Guard assets will provide notice to mariners
during the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because immediate action is needed
to minimize potential danger to the public during the event. Any delay
in the effective date of this rule would prevent this community event
from occurring safely.
Basis and Purpose
The legal basis for this temporary rule is 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; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
The temporary safety zone is necessary for the safety of mariners
in the vicinity of the fireworks display. The impact of this rule on
commercial and recreational traffic is expected to be minimal because
of the limited area and time of the safety zone.
Discussion of Rule
The Coast Guard is establishing a safety zone in the waters in the
immediate vicinity of the location where the fireworks will be launched
in Taiya Inlet for the City of Skagway, Alaska, sponsored 4th of July
fireworks display. A no-action alternative was considered, but not
employed because of the increased safety hazards posed to mariners
during the fireworks display.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This rule is not a significant regulatory
action because the rule is applicable to a one-time event, and also
because the temporary safety zone is limited in location and duration.
The small size of the safety zone allows for mariners to safely
navigate around the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. However, this 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 the Taiya Inlet
from 9:00 p.m. local time, July 3, 2012, to 1:00 a.m. local time on
July 4, 2012. 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 a four hour period and
mariners will be able to easily navigate safely around the zone by
staying outside of the 1,000-foot radius of the position from which
fireworks will be launched. During the effective period, we will issue
maritime advisories widely available to the mariners that transit Taiya
Inlet.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.
Civil Justice Reform
This 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.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of
[[Page 39174]]
Children From Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction.
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; 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.
0
2. Add temporary Sec. 165.T17-0512, to read as follows:
Sec. 165.T17-0512 Safety Zone: Taiya Inlet, City of Skagway, Alaska,
for 4th of July Fireworks Display.
(a) Location. The following area is a safety zone: All navigable
waters, from surface to bottom, of Taiya Inlet within a 1000 foot
radius of position of 59[deg]26.70' N and 135[deg]19.58' W.
(b) Definitions. The following definition applies to this section:
``Designated representative'' means any commissioned, warrant, and
petty officer of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port
Southeast Alaska.
(c) Regulations. (1) Under the general regulations contained in
Sec. 165.23 of this title, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Southeast Alaska or his designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Coast Guard Captain of the Port Southeast Alaska or
his designated representative.
(3) Upon being hailed by a U.S. Coast Guard vessel or designated
representative by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed.
(4) Persons desiring to enter the safety zone may request
permission from the Captain of the Port Southeast Alaska via VHF
Channel 16 or 13 (156.650 MHz), or via telephone at (907) 463-2990.
(5) The Coast Guard will issue a broadcast notice to mariners to
advise mariners of the temporary safety zone and on-scene Coast Guard
representatives will provide notice to mariners during the event.
(d) Enforcement Period. This rule will be enforced from 9:00 p.m.
local time on July 3, 2012, to 1:00 a.m. local time on July 4, 2012. If
the event is postponed due to weather, the rule may be enforced on a
succeeding date between July 5, 2012, and July 10, 2012. The Coast
Guard will issue a broadcast notice to mariners to advise mariners of
the date change for the temporary safety zone and on-scene Coast Guard
representatives will provide notice to mariners during the event.
Dated: June 7, 2012.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port Southeast Alaska.
[FR Doc. 2012-16117 Filed 6-29-12; 8:45 am]
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