[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]
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