[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12407]
[[Page Unknown]]
[Federal Register: May 20, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-026]
RIN 2115-AA97
Safety Zone; Bristol Fourth of July Fireworks, Bristol Harbor,
Bristol, RI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone for the
Bristol Fourth of July Fireworks celebration. The event, sponsored by
the Bristol's Fourth of July Committee, will take place on Monday, July
4, 1994 from 9:30 p.m. until 10 p.m. This safety zone in the Bristol
Harbor is needed to protect the boating public from the hazards
associated with the exploding of pyrotechnics in the area.
DATES: Comments must be received on or before June 20, 1994.
ADDRESSES: Comments should be mailed to Supervisor, United States Coast
Guard Marine Safety Field Office, New Bedford, 918 Rodney French Blvd.
New Bedford, MA 02744-1223 or may be delivered between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant J.C. Wong, Supervisor, Coast Guard Marine Safety Field
Office New Bedford (508) 999-0072.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this notice (CGD01-94-026), the specific section of the
proposal to which their comments apply, and give reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the Project Manager at the address under
ADDRESSES. If it is determined that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The drafters of this notice are LT J.C. Wong, Project Manager,
Coast Guard Marine Safety Field Office New Bedford and LCDR J. Stieb,
Project Attorney, First Coast Guard District, Legal Office.
Background and Purpose
The Bristol Fourth of July Committee submitted a request to hold a
fireworks program in the Bristol Harbor on July 4, 1994. The proposed
regulations would establish a safety zone in Bristol Harbor in order to
protect boaters from the hazards associated with the exploding of
pyrotechnics in the area. No vessel would be permitted to enter or move
within this area unless permitted to do so by Captain of the Port,
Providence. Due to the approaching date of the event, good cause exists
for allowing a comment period of only 30 days. Delaying the event to
allow for a longer comment period would be contrary to the public's
interest since the event is for the purpose of celebrating the Fourth
of July Holiday.
Discussion of Proposed Amendments
The Coast Guard proposes to establish a safety zone in Bristol
Harbor, Bristol, Rhode Island. This safety zone will be in effect from
9:30 p.m. until 10 p.m. on July 4, 1994.This closure is needed to
protect boaters from the hazards associated with the exploding of
pyrotechnics in the area. This safety zone will temporarily close the
primary and secondary channel leading into Bristol Harbor, in the
vicinity of the Bristol Harbor Middle Ground Buoy (light list no.
18175).
Regulatory Evaluation
This proposal 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 Budgets
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 and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 eg seq.), the
Coast Guard must consider whether this proposal 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 reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This proposal 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 raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
regulation and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to protect public safety, and thus is categorically
excluded from further environmental documentation. A categorical
exclusion determination is available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
For reasons set out in the preamble, the Coast Guard proposes to
amend 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 section, 165.T01-026 is added to read as follows:
Sec. 165.T01-026 Bristol's Fourth of July Fireworks, Bristol Harbor,
Bristol Rhode Island.
(a) Location. The safety zone includes all waters within a 350 yard
radius around the fireworks barge. The barge will be anchored 200 yards
north of the Bristol Harbor Middle Ground Bouy (light list no. 18175).
(b) Effective period. This section will be effective from 9:30 p.m.
until 10 p.m. on July 4, 1994.
(c) Regulations. (1) No person or vessel may enter, transit, or
remain in this safety zone during the effective period of regulation
unless participating in the event as authorized by the sponsor or the
Coast Guard Captain of the Port, Providence.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on scene personnel. U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the
Coast Guard. Upon hearing five or more blasts from a U.S. Coast Guard
Vessel, the operator of a vessel shall proceed as directed.
Dated: May 5, 1994.
H.D. Robinson,
Captain, U.S. Coast Guard, Captain of the Port, Providence.
[FR Doc. 94-12407 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M
