[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Proposed Rules]
[Pages 19431-19433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07482]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Proposed 
Rules  

[[Page 19431]]



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: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish the following three 
permanent safety zones on the navigable waters of (1) Taiya Inlet in 
the vicinity of on the White Pass and Yukon Railway Dock, Skagway; (2) 
Portage Cove, Haines and; (3) Wrangell Harbor, Wrangell, Alaska. These 
proposed safety zones are necessary to protect spectators and vessels 
from the hazards associated with the annual 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: Comments and related material must be received by the Coast 
Guard on or before May 31, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or May 1, 2013.

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 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. 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-2013-0078] 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\1/2\ 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-2013-0078) 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

[[Page 19432]]

and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard has previously issued temporary final rules 
establishing safety zones for fireworks displays occurring on the 
waters in the vicinity of Haines, Skagway and Wrangell, AK (77 FR 
39172). This rule proposes to establish three permanent safety zones 
for the annually recurring Independence Day fireworks displays in 
Haines, Skagway and Wrangell and is expected to reduce the 
administrative burden associated with the creation of temporary safety 
zones each year.

C. Basis and Purpose

    The legal basis for the proposed 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 proposed 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 proposed 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.

D. Discussion of Proposed Rule

    The Coast Guard proposes to establish three permanent safety zones 
on the navigable waters of Taiya Inlet, Skagway; Portage Cove, Haines; 
and Wrangell Harbor, Wrangell, AK. The proposed 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 11:00 
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 proposed 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.
    This rule is being proposed to provide for the safety of life on 
the navigable waters during the events, and to give the public the 
opportunity to comment on the proposed safety zone locations, size, and 
length of time the zone will be activated.

E. 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 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 these proposed safety zones will be of short duration, 
approximately three hours. Furthermore, vessels may be authorized to 
transit through the proposed safety zones with the permission of the 
COTP.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed 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, AK; during the periods of enforcement of these 
proposed safety zones.
    These proposed safety zones would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. These proposed 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 
proposed safety zones. Before the enforcement of any of the safety 
zones, we would issue maritime advisories widely available to users of 
the waterway.
    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, 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 proposed 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

[[Page 19433]]

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 
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 expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

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 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. 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.

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 will be effective from 10 p.m. on 
July 3 until 2:30 a.m., July 5, of each year.
    (c) Definitions. The following definitions apply to this section: 
(1) 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: February 19, 2013.
M.N. Jones,
Commander, U.S. Coast Guard, Acting Captain of the Port Southeast 
Alaska.
[FR Doc. 2013-07482 Filed 3-29-13; 8:45 am]
BILLING CODE 9110-04-P