[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5286]
[[Page Unknown]]
[Federal Register: March 8, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Southeast Alaska 94-003]
RIN 2115-AA97
Safety Zone; Tongass Narrows, Ketchikan, AK
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a permanent safety
zone in Tongass Narrows, Ketchikan, Alaska. The safety zone will
protect life, limb and property during Independence Day fireworks
displays. The fireworks are launched from a barge at the northern most
tip of Pennock Island, creating a safety hazard. Annual notice of these
regulations would be published in the Local Notices to Mariners.
DATES: Comments must be received on or before May 9, 1994.
ADDRESSES: Comments may be mailed or hand delivered to the United
States Coast Guard Marine Safety Office, 2760 Sherwood Lane, suite 2A,
Juneau, AK 99801. The comments and other materials referenced in this
notice will be available for inspection and copying at the above
address in the Port Operations Department. Normal office hours are
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG Andrew Tucci, Project Manager, United States Coast Guard Marine
Safety Office Juneau, (907) 463-2465.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views, data or arguments. Persons submitting
comments should include their names and addresses, identify this notice
[COTP SOUTHEAST ALASKA 94-003] and the specific section of the proposal
to which each comment applies, and give reasons for each comment.
Persons wanting acknowledgment of receipt of comments should enclose a
stamped, self-addressed postcard or envelope.
The United States Coast Guard Marine Safety Office Juneau maintains
the public docket for this rulemaking. Comments will become part of
this docket and will be available for inspection or copying at the
address under ADDRESSES.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the United States Coast Guard Marine
Safety Office Juneau at the address under ADDRESSES. If it determines
that the opportunity for oral presentations will aid this rulemaking,
the Coast Guard will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Drafting Information
The principal persons involved in drafting this document are LTJG
Andrew Tucci, Project Manager, and LT Brian McTague, Project Attorney,
Seventeenth Coast Guard District.
Background and Purposes
The community of Ketchikan, Alaska holds a fireworks display on or
about the 4th of July of each year to celebrate Independence Day. The
fireworks are launched from a vessel at the northernmost point of
Pennock Island. There is a well established need for safety zones
around vessels and facilities holding fireworks displays. Such displays
draw large numbers of spectators on vessels. Both persons and vessels
could be endangered by coming too close to the source of the displays.
In addition to improving safety, this regulation will reduce the
administrative burden associated with the creation of temporary safety
zones each year.
Regulatory Evaluation
This proposal is not a significant regulatory action under
Executive Order 12866 and is not significant under the Department of
Transportation Regulatory Policies and Procedures (44 FR 11040;
February 26, 1979). The Coast Guard has determined that a Regulatory
Evaluation is unnecessary because of the minimal impact expected. The
proposed safety zones will not affect commerce and will be in effect
for only a few hours each year.
Small Entities
Because it expects the impact of the proposal to be minimal, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have a significant impact on a substantial number of
small entities. If, however, you think that you business qualifies as a
small entity and that this proposal will have a significant economic
impact on your business, please submit a comment (see ADDRESSES)
explaining why your business qualifies and in what way and to what
degree this proposal will economically effect your business.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This proposed rule has been analyzed in accordance with Executive
Order No. 12612 on Federalism (October 26, 1987), which requires
Executive departments and agencies to be guided by certain fundamental
principles in formulating and implementing policies. These policies
have been fully considered in the development of the proposed
regulation. This proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
proposal and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination is available in the docket for inspection or copying
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 set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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(2),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new Sec. 165.1708 is added to read as follows:
Sec. 165.1708 Tongass Narrows, Ketchikan, Alaska-safety zone.
(a) Location. The following area is a safety zone: The waters in
Tongass Narrows within a 100 yard radius of the barge located at
55 deg. 20' 20'' N, 131 deg. 39' 36'' W used to conduct fireworks
displays.
(b) Effective date. The safety zone becomes effective on July 3
each year at 10 p.m. ADT. It terminates at the conclusion of the
fireworks display at approximately 2:30 a.m. ADT on July 5 each year,
unless sooner terminated by the Captain of the Port. If the fireworks
display is postponed because of inclement weather, the date and
duration of the safety zone will be announced in the local Notices to
Mariners.
(c) Regulation. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Southeast Alaska.
Dated February 1, 1994.
G.D. Power,
Commander, Coast Guard, Captain of the Port, Southeast Alaska.
[FR Doc. 94-5286 Filed 3-7-94; 8:45 am]
BILLING CODE 4910-14-M
