[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]
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