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Safety Zone; Gastineau Channel, Juneau, AK

 [Federal Register: July 3, 2000 (Volume 65, Number 128)]
[Rules and Regulations]
[Page 41004-41005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy00-18]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Southeast Alaska 00-005]
RIN 2115-AA97


Safety Zone; Gastineau Channel, Juneau, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone along
the navigable waters of Gastineau Channel, Juneau, Alaska to encompass
the vessel conducting fireworks display activities. The safety zone is
needed to protect maritime vessels and to minimize traffic for the
safety and protection of both the vessel conducting fireworks display
activities and other vessels in the immediate proximity.
    This safety zone will encompass the waters within a 300 yard radius
of the vessel situated at approximately 58 deg.17'41" N, 134 deg.24'22"
W. Entry into, transit through or anchoring within this Safety Zone is
prohibited unless authorized by the Captain of the Port Southeast
Alaska or the Coast Guard vessel on-scene via VHF-FM channel 16.

DATES: This temporary final rule becomes effective at 10 p.m. July 3,
2000 and terminates at 2 a.m. July 4, 2000.

ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at U.S. Coast Guard, Marine Safety Office, 2760
Sherwood Lane, Suite 2A, Juneau, Alaska between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(907) 463-2450.

FOR FUTHER INFORMATION CONTACT: Lieutenant Cecil McNutt Jr., Chief,
Port

[[Page 41005]]

Operations, U.S. Coast Guard Marine Safety Office Juneau; (907) 463-
2470.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was not published for this
regulation. In keeping with requirements of 5 U.S.C. 553(B), the Coast
Guard finds a good cause exists for not publishing a NPRM. In keeping
with requirements of 5 U.S.C. 553 (d)(3), the Coast Guard also finds
that cause exists for making this regulation effective less than 30
days after publication in the Federal Register due to receipt of
application for this marine event was not received until June 6, 2000.
Publication of a NPRM and delay of effective date would be contrary to
the public interest because immediate action is necessary to protect
the safety of the maritime vessel traffic.

Background and Purpose

    Each year, on or about the 3rd of July, a tug vessel with a barge
conducts fireworks display activities within an established 100 yd
safety zone (33 CFR 165.1706) located on the navigable waters of
Gastineau Channel, mid-channel off the shoreline of the city of Juneau,
AK. This year will differ slightly from the established safety zone, in
that a blast or fallout radius of 300 yards is required for the city
authorized 12-inch fireworks display shells and 600 lbs of Division
1.3G (UN 0335) Fireworks.
    This will occur at 12 a.m. ADT, and will last approximately 1 hour.
This safety zone is necessary to protect the maritime public from the
fallout hazards created by the vessel conducting firework display
activities.

Regulatory Evaluation

    This temporary 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. 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 proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
impact on a substantial number of small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under Section 605 (b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this temporary final rule will not have a
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    In accordance with Sec. 213 (a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this 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 contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 US.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this temporary final rule under the
principles and criteria contained in Executive Order 13132 and has
determined that this temporary final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.

Environment

    The Coast Guard considered the environmental impact of this
temporary final rule and concluded that, under figure 2-1, paragraph
(34)(g), of Commandant Instruction M16475.1C, this temporary final 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

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093;
October 28, 1993) govern 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 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 amends 33
CFR part 165 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 temporary Sec. 165.T17-005 is added to read as follows:

Sec. 165.T17-005  Gastineau Channel, Juneau, Alaska--Safety Zone.

    (a) Location. The following area is a temporary safety zone: the
waters in Juneau Harbor within a 300 yard radius of the vessel engaged
in firework display activities, situated at approximately 58 deg.17'41"
N, 134 deg.24'22" W.
    (b) Effective Dates. This regulation becomes effective at 10 p.m.
July 3, 2000 and terminates at 2 a.m. July 4, 2000.
    (c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone is prohibited except as authorized by the
Captain of the Port-Southeast Alaska, or the Coast Guard vessel on
scene via VHF-FM Channel 16.

    Dated: June 21, 2000.
B.J. Peter,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port,
Southeast Alaska.
[FR Doc. 00-16878 Filed 6-29-00; 1:19 pm]
BILLING CODE 4910-15-P

 
 

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