[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15058]
[[Page Unknown]]
[Federal Register: June 21, 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: Final rule.
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SUMMARY: The Coast Guard is establishing 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 northernmost tip of Pennock
Island, creating a safety hazard. Annual notice of these regulations
will be published in the Local Notices to Mariners.
EFFECTIVE DATE: This rule is effective on July 3, 1994.
FOR FURTHER INFORMATION CONTACT:
LTJG Andrew Tucci, Project Manager, United States Coast Guard Marine
Safety Office Juneau, (907) 463-2465.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of these regulations are LTJG Andrew Tucci, Project
Manager, and LT Brian McTague, Project Attorney. Seventeenth Coast
Guard District Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was
published at 59 FR 10777 on March 8, 1994. Interested persons were
requested to submit comments and no comments were received.
Background and Purpose
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. Good cause exists for the rule to become effective in
fewer than 30 days from the date of Federal Register publication
because the fireworks display will occur in less than 30 days and
public safety must be provided. In addition, this rule will not
unreasonably burden the public or commerce since it will be in effect
only a short time each year.
Regulatory Evaluation
This rule 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) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule 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 not affect commerce and will be in effect for only
a few hours each year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under Section 3 of the Small Business Act
(15 U.S.C. 632). The Coast Guard expects the impact of this regulation
to be minimal. The Coast Guard certifies under 5 U.S.C. 605(b) that
this regulation will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that, under section 2.B.2.c. of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security 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. 165.1708 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: June 1, 1994.
G.D. Powers,
Commander, U.S. Coast Guard, Captain of the Port, Southeast Alaska.
[FR Doc. 94-15058 Filed 6-20-94; 8:45 am]
BILLING CODE 4910-14-M
