[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Rules and Regulations]
[Pages 38200-38203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15310]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0078]
RIN 1625-AA00
Safety Zones; Annual Independence Day Fireworks Displays,
Skagway, Haines, and Wrangell, AK
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing the following three permanent
safety zones on the navigable waters of Taiya Inlet in the vicinity of
on the White Pass and Yukon Railway Dock, Skagway; Portage Cove, Haines
and; Wrangell Harbor, Wrangell, Alaska. These safety zones are
necessary to protect spectators and vessels from the hazards associated
with the annual
[[Page 38201]]
Independence Day Fireworks Displays held in each location. This rule is
intended to restrict all vessels from a portion of the navigable waters
in the immediate vicinity of the fireworks launch platforms, before,
during and immediately after the fireworks event.
DATES: This rule is effective July 26, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0078. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Patrick Drayer, Waterways Management Division,
U.S. Coast Guard Sector Juneau, telephone 907-463-2465, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard published an NPRM for this rule in the Federal
Register on Monday, April 1, 2013 (78 FR 19431). No comments were
received on this docket and there were no requests for public meetings.
B. Basis and Purpose
The legal basis for the 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,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The cities of Skagway, Haines, and Wrangell, Alaska hold fireworks
displays on or about the July 4th of each year to celebrate
Independence Day. The fireworks will be launched from a barge or
waterfront facility. This rule is necessary to ensure the safety of
spectators and vessels from hazards associated with fireworks.
Fireworks launched in close proximity to watercraft pose a significant
risk to public safety and property. Such displays draw large numbers of
spectators on vessels. The combination of a large number of spectators,
congested waterways, darkness punctuated by bright flashes of light,
and burning debris has the potential to result in serious injuries or
fatalities. The safety zones will restrict vessels from operating
within a portion of the navigable waters around the fireworks launch
platforms during the enforcement period which will be immediately
before, during, and immediately after the fireworks displays.
C. Discussion of Comments, Changes and the Final Rule
No comments were received during the comment period and thus there
were no changes.
The Coast Guard is establishing three permanent safety zones on the
navigable waters of Taiya Inlet, Skagway; Portage Cove, Haines; and
Wrangell Harbor, Wrangell, AK. The safety zones are necessary to ensure
the safety of spectators and vessels from hazards associated with
fireworks displays. Each safety zone will include the navigable waters
within a 300-yard radius around the fireworks launch platform. The
fireworks displays are expected to occur between 11 p.m. and 11:45 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, these zones
will be enforced from 10 p.m. until 2:30 a.m. This effective period of
the safety zones is to account for the possibility that if the
fireworks displays are postponed because of inclement weather, we would
be able to adjust the enforcement period of the safety zones. The
specific date and duration of the enforcement period will be announced
in the Local Notices to Mariners and maritime advisories widely
available to mariners.
Vessels will be able to transit the surrounding area and may be
authorized to transit through the safety zone with the permission of
the COTP or the designated representative. Before activating the zones
we will notify mariners by appropriate means including but not limited
to Local Notice to Mariners and Broadcast Notice to Mariners.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This 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 these safety zones will be of short duration,
approximately three hours. Furthermore, vessels may be authorized to
transit through the safety zones with the permission of the COTP.
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 received no comments from the Small Business
Administration on this rule. 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 rule would affect the following entities, some of which might
be small entities: the owners and operators of vessels intending to
transit, anchor, or fish in a portion of the navigable waters of Taiya
Inlet, Skagway; Portage Cove, Haines; and Wrangell Harbor, Wrangell,
Alaska; during the periods of enforcement of these safety zones.
These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons. These
safety zones would be subject to enforcement only immediately before,
during, and immediately after the firework displays that may occur from
July 3 at 10 p.m. ADT until 2:30 a.m. ADT on July 5 each year. Vessel
traffic could pass safely around the safety zones. Before the
enforcement of any of the safety zones,
[[Page 38202]]
we would issue maritime advisories widely available to users of the
waterway.
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 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,
above.
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.
4. 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).
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 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
INTFORMATION 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
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.
8. Taking of Private Property
This rule will 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 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
We have analyzed this rule under Executive Order 13045, Protection
of 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.
11. 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.
12. Energy Effects
This action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of three permanent
safety zones on the navigable waters of Taiya Inlet, Skagway; Portage
Cove, Haines; and Wrangell Harbor, Wrangell, AK, respectively. 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.
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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.1712 to read as follows:
Sec. 165.1712 Safety Zones; Annual Independence Day Firework
Displays, Skagway, Haines, and Wrangell, AK.
(a) Regulated areas. The following areas are permanent safety
zones:
(1) All navigable waters of Taiya Inlet within a 300-yard radius of
the fireworks launching point located on the White Pass and Yukon
Railway Dock at approximate position 59[deg]26.70' N, 135[deg]19.58' W
in the vicinity of the mouth of the Small Boat Harbor, Skagway, Alaska;
(2) All navigable waters of Portage Cove, Haines, AK within a 300-
yard radius around the fireworks launch area, centered at approximate
position 59[deg]14'16.72'' N, 135[deg]25'35.79'' W; (3) all navigable
waters of Wrangell Harbor within a 300-yard radius of the fireworks
launch platform centered at approximate position 56[deg]28.223' N and
132[deg]23.285' W.
(b) Effective date. This rule is effective from 10 p.m. until 2:30
a.m., July 3 through July 5, of each year.
[[Page 38203]]
(c) Definitions. The following definitions apply to this section:
Designated Representative--a ``designated representative'' is any
Coast Guard commissioned, warrant or petty officer of the U.S. Coast
Guard who has been designated by the Captain of the Port, to act on his
or her behalf.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zones without the
permission of the COTP or the designated representative.
(3) Vessel operators desiring to enter or operate within any of the
regulated areas shall contact the COTP or the designated representative
via VHF channel 16 or 907-463-2990 (Sector Juneau command center) to
obtain permission to do so.
Dated: June 1, 2013.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port Southeast Alaska.
[FR Doc. 2013-15310 Filed 6-25-13; 8:45 am]
BILLING CODE 9110-04-P