
[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39172-39174]
From the Federal Register Online via the Government Printing 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 Patrick.A.Drayer@uscg.mil. 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]
BILLING CODE 9110-04-P


