[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31627]
[[Page Unknown]]
[Federal Register: December 23, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-160]
RIN 2115-AA97
Safety Zone; First Night Martha's Vineyard Fireworks Display
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Vineyard Haven Harbor, Vineyard Haven, MA, on December 31, 1994, during
the annual the First Night Martha's Vineyard fireworks display. The
zone will be around a barge anchored just outside the Vineyard Haven
jetty. This safety zone is necessary to protect pleasure craft and
persons aboard these vessels from injury due to potential hazards
associated with the fireworks.
EFFECTIVE DATE: This regulation is effective between the hours of 10
p.m. to 10:45 p.m. on December 31, 1994.
FOR FURTHER INFORMATION CONTACT: LT David Dolloff, Marine Safety Field
Office Cape Cod, (508) 968-6556.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are LT D.
H. Dolloff, Project Manager, and LCDR F. J. Kenney, Project Counsel,
First District Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation and good cause exists for making it
effective in less than 30 days after Federal Register publication.
Because of the late date the Coast Guard received the application,
there was not sufficient time to publish proposed rules in advance of
the event. First Night Martha's Vineyard is a popular local event
centered around the New Years national holiday. Delaying the event
would result in its cancellation.
Background and Purpose
On December 31, 1994, First Night Martha's Vineyard will sponsor a
fireworks display between the hours of 10 p.m. and 10:45 p.m. in
celebration of New Years Eve. A safety zone is needed to prohibit
spectator vessels from transiting or anchoring in the area of the barge
over which the fireworks will be launched. The safety zone will cover
an area within a 400 yard radius of the anchored fireworks barge which
will be in position 41 deg.27'36'' North 70 deg.35'48'' West
(approximately 300 yards north of the Vineyard Haven jetty) between the
hours of 10 p.m. to 10:45 p.m. on December 31, 1994.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of 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 10e of the regulatory policies of
DOT is unnecessary. These regulations will be in effect for only a
short period. The entities most likely to be affected are pleasure
craft wishing to view the fireworks. These vessels will still be able
to view the fireworks but will be required to do so at a distance of
more than 400 yards from the anchored barge, which will not cause them
undue hardship. The effect on commercial traffic is negligible. There
is a minimal amount of commercial traffic that transmits the area.
Advisories will be made to allow any such vessels to adjust their
schedules.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether these regulations will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632).
For the reasons outlined in the Regulatory Evaluation, the Coast
Guard expects the impact to be minimal on all entities. Therefore, the
Coast Guard certifies under 5 U.S.C. 605(b) that this final rule, if
adopted, will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This final rule contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The environmental impact of this rule has been evaluated using the
Coast Guard's procedures for implementing the National Environmental
Policy Act (Commandant Instruction M16474.1B). Under Section 2.B.2.(e)
of these procedures, it is concluded that this action is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination will be made available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
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 temporary Sec. 165.T01-160 is added to read as follows:
Sec. 165.T01-160 Safety Zone: First Night Vineyard Haven Fireworks
Display.
(a) Location. The following area is a safety zone: All waters
within a 400 yard radius of the anchored fireworks barge which will be
in approximate position 41 deg. 27' 36'' North 70 deg. 35' 48'' West
(approximately 300 yards north of the Vineyard Haven jetty).
(b) Effective date. This section becomes effective at 10 p.m. on
December 31, 1994. It terminates at 10:45 p.m. on December 31, 1994,
unless terminated sooner by the Captain of the Port.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply.
Dated: December 13, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 94-31627 Filed 12-22-94; 8:45 am]
BILLING CODE 4910-14-M
