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Safety Zone; Crescent Harbor, Sitka, AK

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 [Federal Register: March 20, 2001 (Volume 66, Number 54)]
[Rules and Regulations]
[Page 15624-15625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr01-5]

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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]
BILLING CODE 4910-15-P

 
 

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