[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Proposed Rules]
[Pages 24732-24734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11195]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 proposed rulemaking would prohibit 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. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 28, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0223 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Kristi Sloane, Sector Juneau, 
Waterways Management Division, Coast Guard: Telephone 907-463-2846, 
email D17-SMB-Sector-Juneau-WWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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.
    The purpose of this rulemaking 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 proposes this rulemaking under 
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish 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 would cover all navigable waters within 
the race area to include Wrangell Harbor entrance and an area extending 
Northwest along the shoreline approximately 1000 yards and Southwest 
approximately 500 yards. No vessel or person would be permitted to 
enter the special local regulation area without obtaining permission 
from the COTP or a designated representative. The regulatory text we 
are proposing appears at the end of this document.

[[Page 24733]]

IV. 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 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 would be able to safely transit around the proposed race 
area, which would impact a small designated area in Wrangell Harbor for 
8 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 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 
proposed 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 
special local regulation area may be small entities, for the reasons 
stated in section IV.A above, this proposed rule would not have a 
significant economic impact on any vessel owner or operator.
    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.
    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 
section. 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.

C. Collection of Information

    This proposed 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 proposed 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 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. If 
you believe this proposed 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 proposed rule would 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 Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (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 a special local regulation 
lasting eight (8) hours that would prohibit entry or transit through 
the area without obtaining permission from the COTP or a designated 
representative. Normally such actions are categorically excluded from 
further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration 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 proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and we will consider all comments and material received during the 
comment period. Your comment can help shape the outcome of this 
rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and

[[Page 24734]]

the docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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: May 23, 2019.
Melissa L. Rivera, CAPT,
Acting Commander, Seventeenth Coast Guard District, U.S. Coast Guard.
[FR Doc. 2019-11195 Filed 5-28-19; 8:45 am]
 BILLING CODE 9110-04-P


