[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27674]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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DEPARTMENT OF TRANSPORTATION
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: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone in the 
St. Johns River around barges launching fireworks located between the 
Hart and Acosta Bridges. The permanent safety zone relieves 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. Entry into this zone is prohibited, unless authorized by the 
Captain of the Port. It will automatically terminate at the conclusion 
of the fireworks display unless terminated earlier by the Captain of 
the Port or District Commander.

EFFECTIVE DATE: December 8, 1994.

FOR FURTHER INFORMATION CONTACT: Lieutenant A. Varamo, at Coast Guard 
Marine Safety Office, Jacksonville, Florida, tel: (904) 232-2648.

SUPPLEMENTARY INFORMATION: On May 5, 1994 the Coast Guard published a 
notice of proposed rulemaking in the Federal Register for this 
regulation (59 FR 23179). Interested persons were requested to submit 
comments and no comments were received.

Drafting Information

    The drafters of this regulation 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.

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 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 
regulation 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.

Regulatory Evaluation

    This regulation 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) (44FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this proposal 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 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 regulation is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have a significant 
economic 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.

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. 165.721 is added to read as follows:


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

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

    Dated: October 28, 1994.
A. Regalbuto,
Captain, U.S. Coast Guard, Captain of the Port, Jacksonville, Florida.
[FR Doc. 94-27674 Filed 11-7-94; 8:45 am]
BILLING CODE 4910-14-M