Special Local Regulation; Zimovia Strait, Wrangell, AK, 32061-32063 [2019-14417]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[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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