[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Rules and Regulations]
[Pages 15624-15625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6903]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Southeast Alaska; 01-002]
RIN 2115-AA97


Safety Zone; Crescent Harbor, Sitka, AK

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has received an application to remove the 
annual 4th of July Safety Zone in Sitka, AK. The current Safety Zone in 
33 CFR 165.1707, an established 100 yd radius safety zone along the 
navigable waters of Crescent Harbor, Sitka, Alaska is no longer 
necessary as this location is no longer utilized for conducting 
fireworks displays. This action will remove the annual 4th of July 
safety zone in 33 CFR 165.1707. The Coast Guard Marine Safety 
Detachment Sitka has monitored the 4th of July maritime vessel traffic 
for the last two years, and has determined that a safety zone is no 
longer required.

DATES: This rule becomes effective April 19, 2001.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at U.S. Coast Guard, Marine Safety Detachment 
Sitka, 329 Harbor Drive, Room 202, Sitka, Alaska between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (907) 966-5454.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Don Pack, 
Supervisor, U.S. Coast Guard Marine Safety Detachment Sitka, (907) 966-
5454.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The 4th of July fireworks 
display is no longer being conducted in Crescent Harbor. The fireworks 
displays are conducted from a ramp on the Northeast shoreline on 
Japonski Island, which offer a better spectator view with less maritime 
vessel traffic. Because the Safety Zone was originally created to 
protect vessels and persons from the specific harm of the fireworks 
display that was launched in Crescent Harbor from a barge, the 
cessation of that display makes it unnecessary to continue the Safety 
Zone. For this reason, comment on the removal of the Safety Zone is 
unnecessary, as well as impracticable.

Background and Purpose

    Each year on or about the 3rd of July, fireworks display activities 
are conducted over the navigable waters of Sitka Channel, Sitka, AK. In 
previous years, this display was launched from a barge, which was 
located in Crescent Harbor, Sitka, Alaska. The sponsor has requested to 
change this location and will now conduct this 1-hour activity on

[[Page 15625]]

the shoreline ramp on the northeast side of Japonski Island, Sitka, AK.
    This final rule will remove the annual safety zone in Crescent 
Harbor associated with the fireworks display, as it is no longer 
necessary. The sponsor now uses a shoreline ramp on the northeast side 
of Japonski Island, thus greatly reducing the hazard to vessels and 
individuals located in the area previously designated as a safety zone.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of the Executive Order 12866 and does not require an assessment of 
potential costs and benefits under sections 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it 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 proposal to 
be so minimal that a full Regulatory Evaluation under paragraph 10(e) 
of the regulatory policies and procedures of DOT is unnecessary. This 
is because lifting the safety zone will allow greater access and 
mobility to vessels located within Crescent Harbor.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations less than 50,000. 
Because the effects of this rule are positive, by allowing greater 
access and mobility to vessels within Crescent Harbor, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If your 
small business or organization is affected by this rule and you have 
questions concerning its provisions or options for compliance, please 
contact the office listed in ADDRESSES in this preamble.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Consultation and Coordination with Indian Tribal Governments

    This proposed rule will not have tribal implications; will not 
impose substantial direct compliance costs on Indian tribal 
governments; and will not preempt tribal law. Therefore, it is exempt 
from the consultation requirements of Executive Order 13175. If tribal 
implications are identified during the comment period we will undertake 
appropriate consultations with the affected Indian tribal officials.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard is 
amending 33 CFR Part 165 as follows:

PART 165

    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.

Sec. 165.1707  [Removed]

    2. Remove Sec. 165.1707.

    Dated: February 26, 2001.
R.C. Lorigan,
Captain, U.S. Coast Guard, Captain of the Port, Southeast Alaska.
[FR Doc. 01-6903 Filed 3-19-01; 8:45 am]
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