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Safety Zone; Tongass Narrows, Ketchikan, AK

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 [Federal Register: July 3, 2000 (Volume 65, Number 128)]
[Rules and Regulations]
[Page 41009-41010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy00-21]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

 33 CFR 165

[COTP Southeast Alaska 00-008]
RIN 2115-AA97


Safety Zone; Tongass Narrows, Ketchikan, 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 Tongass Narrows, Ketchikan, Alaska. The safety
zone is required to protect maritime vessels and 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 yd radius of the
vessel situated at approximately 55 deg.20'32" N, 131 deg.39'40" 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.

DATES: This temporary final rule becomes effective 10 p.m. July 4, 2000
and terminates at 1 a.m. July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Cecil McNutt, Marine Safety
Office Juneau, Alaska, 2760 Sherwood Lane, Suite 2A, Juneau, Alaska
99801, (907) 463-2470.

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.

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 12, 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

    On or about the 4th of July, a tug and barge conducts fireworks
display activities within an established 100 yd safety zone (33 CFR
165.1708) located on the navigable waters of Tongass Narrows, off the
northern tip of Pennock Island. This year the tug and barge will be
positioned approximately 55 deg.20'32" N, 131 deg.39'40" W and a blast
or fallout radius has been increased to 300 yd for the fireworks
display.
    This will occur at 10 p.m. July 4, 2000 and ending approximately 1
a.m. July 5, 2000. This safety zone is required to protect the maritime
public from the hazards created by the vessel conducting fireworks
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 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 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 (44 U.S.C. Sec. 3501 et seq.).

Federalism

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

Environmental Assessment

    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.

[[Page 41010]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.

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

    2. A new temporary section Sec. 165.T17-008 is added to read as
follows:

Sec. 165.T17-008  Tongass Narrows, Ketchikan, Alaska--Safety Zone.

    (a) Location. The following area is a temporary Safety Zone: the
waters in Ketchikan Harbor within a 300 yd radius of the vessel engaged
in fireworks display activities, situated at approximately
55 deg.20'32" N, 131 deg.39'40" W.
    (b) Effective dates. This regulation becomes effective at 10 p.m.
July 4, 2000 and terminates 1 a.m. July 5, 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. 00-16883 Filed 6-29-00; 1:19 pm]
BILLING CODE 4910-15-U

 
 

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