[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10857]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
in the St. Johns River around barges launching fireworks located 
between the Hart and Acosta Bridges. The permanent safety zone will 
relieve 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. It will automatically terminate at the 
conclusion of the fireworks display unless terminated earlier by the 
Captain of the Port of District Commander.

DATES: Comments must be received on or before June 20, 1994.

ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard 
Marine Safety Office, 2831 Talleyrand Avenue, Jacksonville, FL 32206-
3497. The comments will be available for inspection and copying at MSO 
Jacksonville, Room 222. Normal office hours are between 7:30 a.m. and 4 
p.m., Monday through Friday, except holidays.
    Comments may also be hand delivered to this address.

FOR FURTHER INFORMATION CONTACT: Lieutenant A. Varamo, Tel: (904) 232-
2648.

SUPPLEMENTARY INFORMATION: 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 (94-027) and the specific section of 
the proposal to which their comments apply, and give reasons for each 
comment.
    The regulations may be changed in light of comments received. All 
comments received before the expiration of the comment period will be 
considered before final action is taken on this proposal. No public 
hearing is planned, but one may be held if written requests for a 
hearing are received and it is determined that the opportunity to make 
oral presentations will aid the rulemaking process.

Drafting Information

    The drafters of this notice 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.

Discussion of Proposed Regulations

    The events requiring this regulation are fireworks displays which 
necessitates that an area within 500 yards of fireworks barges remain 
clear of all vessels. The safety zone will be in effect around the 
barges when fireworks are prepared and launched. Vessels are prohibited 
from anchoring, mooring, or transiting the St. Johns River within the 
prescribed area while the safety zone is in effect to avoid potential 
hazards associated with the fireworks display. The need to establish 
this permanent safety zone is based on the number of safety zones 
issued for fireworks displays in this area over the last year. Between 
April 1993 and April 1994, 15 safety zones were established in this 
area of the St. Johns River. The creation, review, and submission of 
the large number of individual field regulations for these safety zones 
presents a significant administrative burden. The permanent safety zone 
would alleviate this burden.
    This regulation is issued pursuant to 33 U.S.C. 1231 as set out in 
the authority citation for all of part 165.

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 proposed 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 
proposal 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.

Economic Assessment and Certification

    This proposal is not a significant regulatory action under 
Executive Order 12866 on Federal Regulation and is nonsignificant under 
the Department of Transportation regulatory policies and procedures (44 
FR 11034, February 26, 1979). The economic impact of this proposal is 
expected to be so minimal that a full regulatory evaluation 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 proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have significant 
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.

Proposed Regulations

    In consideration of the foregoing, subpart C of title 33, Code of 
Federal Regulations, is proposed to be 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; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. A new Sec. 165.721 is added to read as follows:


Sec. 165.721  Safety Zone: St. Johns River, Jacksonville, Florida.

    (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 District Commander or Captain of 
the Port.
    (2) This section does not apply to authorized law enforcement 
agencies operating within the Safety Zone.

    Dated: April 12, 1994.
A. Regalbuto,
Captain, U.S. Coast Guard, Captain of the Port, Jacksonville, Florida.
[FR Doc. 94-10857 Filed 5-4-94; 8:45 am]
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