[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Rules and Regulations]
[Pages 28770-28772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13208]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0223]
RIN 1625-AA08


Special Local Regulation; Zimovia Strait, Wrangell, AK

AGENCY: Coast Guard, DHS.

[[Page 28771]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation to enable vessel movement restrictions for certain 
waters of the Zimovia Strait. This action is necessary to provide for 
the safety of life on these navigable waters near Wrangell Harbor 
during power boat races on July 4, 2017. This regulation would prohibit 
persons and vessels from transiting through, mooring, or anchoring 
within the specified race area unless authorized by the Captain of the 
Port Southeast Alaska or a designated representative.

DATES: This rule is effective from 3 p.m. on July 4, 2017 through 7 
p.m. on July 4, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0223 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT Kristi Sloane, Sector Juneau, Waterways Management 
Division, Coast Guard: telephone 907-463-2846, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) 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)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it would be impracticable. The 
Wrangell Chamber of Commerce will be conducting power boat races from 3 
p.m. to 7 p.m. on July 4, 2017 for the Wrangell 4th of July 
Celebration. The boat races will be taking place approximately 100 
yards off of the city dock in Wrangell, AK. The event organizers did 
not finalize the location of the power boat races in sufficient time 
for the Coast Guard to solicit public comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable for the reasons described 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Commander, Seventeenth District has determined that potential 
risks of collision, allision, and wake damage associated with power 
boat racing will be a safety concern for any vessels (other than the 
participants) entering the race course. Boat races typically result in 
vessel and spectator congestion in the proximity of the race course. 
Vessel movement restrictions are necessary to ensure spectators remain 
an adequate distance from the specified race area thereby providing 
unencumbered access for emergency response craft in the event of a 
race-related emergency. This rule establishes a specified race area and 
ensurse the safety of this marine event by prohibiting persons and 
vessel operators from entering, transiting or remaining within the 
designated race zone during times of enforcement.

IV. Discussion of the Rule

    This rule establishes a special local regulation to restrict vessel 
movement within the race area from 3 p.m. to 7 p.m. on July 4, 2017 to 
include Wrangell Harbor entrance and an area extending north along the 
shoreline approximately 600 yards. No vessel or person would be 
permitted to enter the special local regulation without obtaining 
permission from the COTP or a designated representative.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O.13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic would be able to safely transit around the proposed race 
area which would impact a small designated area in Wrangell Harbor for 
4 hours. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the race area, and the rule 
would allow vessels to seek permission to enter the race area.

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 certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
race area may be small entities, for the reasons stated in section V.A 
above this rule would 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 
contact the person

[[Page 28772]]

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 would 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 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 (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 implementation of a special local 
regulation lasting 4 hours that would prohibit entry within 100 yards 
of the event area. It is categorically excluded from further review 
under paragraph 34(h) of Figure 2-1 of Commandant Instruction 
M16475.lD. A Record of Environmental Consideration (REC) supporting 
this determination is 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 rule.

G. 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C 1233.


0
2. Add Sec.  100.35T17-0223 to read as follows:


Sec.  100.35T17-0223   Special Local Regulation; Wrangell 4th of July 
Celebration Boat Races, Wrangell, AK.

    (a) Regulated area. The following area is specified as a race area: 
All waters of Zimovia Straits, Wrangell, AK North of Wrangell Harbor 
entrance connecting the following points: 56[deg]28.055 N., 
132[deg]23.154 W., and 56[deg]28.077 N., 132[deg]23.074 W., until 
reaching the northwestern most end of Wrangell City pier at a line 
connecting the following points: 56[deg]28.299 N., 132[deg]23.454 W., 
and 56[deg]28.276 N., 132[deg]23.495 W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 100, the regulated area shall be closed immediately prior to, 
during and immediately after the event to all persons and vessels not 
participating in the event and authorized by the event sponsor.
    (c) Authorization. All persons or vessels who desire to enter the 
designated race area created in this section while it is enforced must 
obtain permission from the on-scene patrol craft on VHF Ch 9.
    (d) Enforcement period. This section will be enforced from 3 p.m. 
to 7 p.m. on July 4, 2017.

    Dated: June 15, 2017.
M.F. McAllister,
 Commander, RADM, U.S. Coast Guard, Seventeenth Coast Guard District.
[FR Doc. 2017-13208 Filed 6-23-17; 8:45 am]
 BILLING CODE 9110-04-P