[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Rules and Regulations]
[Pages 32061-32063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14417]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0223]
RIN 1625-AA08
Special Local Regulation; Zimovia Strait, Wrangell, AK
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent 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, 2019 and every subsequent year on July 4. This
rule prohibits persons and vessels from transiting through, mooring, or
anchoring within the special local regulation race area unless
authorized by the Captain of the Port Southeast Alaska or a designated
representative.
DATES: This final rule is effective without actual notice on July 5,
2019. For the purposes of enforcement, actual notice will be used from
July 1, 2019 through July 5, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in this docket, go to https://www.regulations.gov, type USCG-
2019-0223 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 on this rule,
call or email LT Jesse Collins, 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
COTP Captain of the Port Southeast Alaska
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 32062]]
II. Background Information and Regulatory History
On January 16, 2019, the Wrangell Chamber of Commerce notified the
Coast Guard that it will be conducting high speed boat races from 11
a.m. to 7 p.m. on July 4, 2019, as part of 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 Captain of the Port
Southeast Alaska (COTP) has determined that potential hazards
associated with the high speed races is a safety concern for anyone
within the zone.
In response, on May 28, 2019, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local Regulation; Zimovia
Strait, Wrangell, AK (84 FR 24732). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this annual boating event. During the comment period that ended June
28, 2019, we received no comments.
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. Delaying the effective date of
this rule would be impracticable because it would inhibit the Coast
Guard's ability to protect participants, mariners and vessels from the
hazards associated with this event.
III. Purpose and Legal Authority
The purpose of this rule is to ensure the safety of vessels and the
navigable waters within a race area before, during, and after the
scheduled event. The Coast Guard is issuing this rule under the
authority in 46 U.S.C. 70034.
IV. Discussion of Comments, Changes, and the Final Rule
As stated above, we received no comments on our NPRM published on
May 29, 2019 (84 FR 24732). There are no changes in the regulatory text
of this rule from the proposed rule in the NPRM.
The COTP is establishing a special local regulation from 11 a.m. to
7 p.m. on July 4, 2019, and every subsequent year on July 4th. The
special local regulation will cover all navigable waters within the
race area to include Wrangell Harbor entrance and an area extending
Northwest along the shoreline approximately 1,000 yards and Southwest
approximately 500 yards. No vessel or person is permitted to enter the
special local regulation area without obtaining permission from the
COTP or a designated representative. The regulatory text for this rule
appears at the end of this document.
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.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771. This regulatory action
determination is based on the size, location, duration, and time-of-day
of the special local regulation. Vessel traffic will be able to safely
transit around the race area, which will impact a small designated area
in Wrangell Harbor for 8 hours. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
race area, and the rule will allow vessels to seek permission to enter
or transit through 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
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
special local regulation area may be small entities, for the reasons
stated in section IV.A above, this rule will 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 affects 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. 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 does 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.
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 does not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
the
[[Page 32063]]
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 rule involves a special local regulation lasting
eight (8) hours on one day a year that prohibits entry or transit
through the area without obtaining permission from the COTP or a
designated representative. It is categorically excluded from further
review under paragraph L61in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A memorandum for
the record for categorically excluded actions supporting this
determination is available in the docket where indicated under
ADDRESSES.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.1701 to read as follows:
Sec. 100.1701 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, approximately 1,000 yards
to the Northwest and 500 yards to the Southwest of Wrangell Harbor
entrance bounded by the following points: 56[deg]28.077 N,
132[deg]23.074 W, 56[deg]28.440 N, 132[deg]23.685 W, 56[deg]28.277 N,
132[deg]24.020 W, and 56[deg]27.910 N, 132[deg]23.400 W.
(b) Regulations. In accordance with the general regulations in this
part, 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 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 11 a.m.
to 7 p.m. on July 4, each year unless otherwise specified in the
Seventeenth District Local Notice to Mariners.
Dated: July 1, 2019.
Matthew T. Bell, Jr.,
Commander, RADM, Seventeenth Coast Guard District, U.S. Coast Guard.
[FR Doc. 2019-14417 Filed 7-3-19; 8:45 am]
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