[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27674]
[[Page Unknown]]
[Federal Register: November 8, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Jacksonville Regulation 94-027]
RIN 2115-AA97
Safety Zone Regulations; St. Johns River, Jacksonville, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent safety zone in the
St. Johns River around barges launching fireworks located between the
Hart and Acosta Bridges. The permanent safety zone relieves the need to
establish temporary safety zones for the purpose of regularly scheduled
fireworks displays. The zone will be placed into effect during
fireworks displays to protect vessels in the vicinity from safety
hazards associated with the storage, preparation and launching of
fireworks. Entry into this zone is prohibited, unless authorized by the
Captain of the Port. It will automatically terminate at the conclusion
of the fireworks display unless terminated earlier by the Captain of
the Port or District Commander.
EFFECTIVE DATE: December 8, 1994.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Varamo, at Coast Guard
Marine Safety Office, Jacksonville, Florida, tel: (904) 232-2648.
SUPPLEMENTARY INFORMATION: On May 5, 1994 the Coast Guard published a
notice of proposed rulemaking in the Federal Register for this
regulation (59 FR 23179). Interested persons were requested to submit
comments and no comments were received.
Drafting Information
The drafters of this regulation are Lieutenant A. Varamo, project
officer for the Captain of the Port Jacksonville, and Lieutenant J.
Losego, project attorney, Seventh Coast Guard District Legal Office.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
regulation consistent with section 2.B.2.C of Commandant Instruction
M16475.1B and the establishment of safety zones has been determined to
be categorically excluded from further environmental documentation.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. The safety zone will only be in
effect during the preparation and launching of fireworks. The Coast
Guard will notify the public of the activation of the safety zone by
transmitting a Broadcast Notice to Mariners on appropriate VHF-FM radio
frequencies in advance of each fireworks display. The exact time of
each safety zone will be included in the Broadcast Notice to Mariners.
Each safety zone is expected to last for approximately one hour, which
includes the time immediately prior to, during, and after the fireworks
display.
Since the impact of this regulation is expected to be minimal, the
Coast Guard certifies that, if adopted, it will not have a significant
economic impact on a substantial number of small entities.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.
Final Regulations
In consideration of the foregoing, Part 165 of Title 33, Code of
Federal Regulations, is amended as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new Sec. 165.721 is added to read as follows:
Sec. 165.721 Safety Zone: St. Johns River, Jacksonville, FL
(a) Location. The following area is established as a safety zone
during the specified conditions: The waters within a 500 yard radius of
the fireworks barge or barges during the storage, preparation, and
launching of fireworks in the St. Johns River between the Hart and
Acosta Bridges.
(b) Effective dates. This section becomes effective upon activation
by the Captain of the Port by the broadcasting of a local Notice to
Mariners on appropriate VHF-FM radio frequencies. It terminates at the
conclusion of the fireworks display unless terminated earlier by the
Captain of the Port.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting in this zone is
prohibited unless authorized by the Captain of the Port or District
Commander.
(2) This regulation does not apply to authorized law enforcement
agencies operating within the Safety Zone.
Dated: October 28, 1994.
A. Regalbuto,
Captain, U.S. Coast Guard, Captain of the Port, Jacksonville, Florida.
[FR Doc. 94-27674 Filed 11-7-94; 8:45 am]
BILLING CODE 4910-14-M