[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41009-41010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16883]


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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]
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