
[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Rules and Regulations]
[Pages 38200-38203]
From the Federal Register Online via the Government Printing 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 
Patrick.A.Drayer@uscg.mil. 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


