[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26102-26103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13162]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-96-017]
RIN 2115-AE46
Special Local Regulation; Quonset Open House, North Kingstown, RI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for an airshow known as the Quonset Open House. The Quonset
Open House will be held on June 1 and 2, 1996, off Quonset Point, North
Kingstown, RI. This regulation is needed to protect the boating public
from the hazards associated with low flying aircraft in the vicinity of
the airstrip.
EFFECTIVE DATE: This rule is effective on June 1 and 2, 1996, from 9
a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief, Boating Affairs
Branch, First Coast Guard District, (617) 223-8311.
SUPPLEMENTARY INFORMATION:
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this section effective less than 30
days after Federal Register publication. The application for the event
was received less than 30 days prior to the event date. Publishing a
NPRM and delaying the event would be contrary to the public interest
because the airshow is intended for viewing by the public. The sponsor
was unable to provide more leadtime due to the difficulties in
scheduling the participating aircraft.
Background and Purpose
The Quonset Open House is a local, traditional airshow sponsored by
the Rhode Island National Guard. Participating aircraft take off and
land from an airstrip located on Quonset Point, North Kingstown, RI.
Due to the aircrafts' low flight paths, close proximity to spectator
vessels, and other water related events, a regulated area is needed to
protect life and property during the event.
This section establishes a regulated area in the West Passage of
Rhode Island Sound, off Quonset Point. It prohibits vessels from
entering the regulated area during the event. In emergency situations,
provisions may be made to establish safe escort by a Coast Guard or
designated Coast Guard vessel for vessels requiring transit through the
regulated area.
Regulatory Evaluation
This 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 of 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
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e of the regulatory policies and procedures of DOT, is
unnecessary. The effect of this section will not be significant for
several reasons: the regulated area includes less than half of one
square nautical mile of Narragansett Bay; entry into the regulated area
is restricted for a short duration; vessels may transit around the
regulated area; and the extensive advance advisories which will be
made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation, 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.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment
explaining why you think it qualifies and in what way and to what
degree this rule will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
[[Page 26103]]
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this is a
regulation issued in conjunction with a regatta or marine parade and is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to temporarily amend 33 CFR Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section, 100.T01-017, is added to read as follows:
Sec. 100.T01-017 Quonset Open House, North Kingstown, RI
(a) Regulated area. The regulated area includes all waters of the
West Passage of Rhode Island Sound within the following points (NAD
83):
Latitude Longitude
41 deg.35'10'' N 071 deg.24'29'' W
41 deg.34'54'' N 071 deg.23'29'' W
41 deg.35'07'' N 071 deg.23'29'' W
41 deg.36'42'' N 071 deg.24'29'' W
(b) Special local regulations. (1) The Coast Guard patrol commander
may delay, modify, or cancel the event as conditions or circumstances
require.
(2) No person or vessel may enter, transit, or remain in the
regulated area unless participating in the event or unless authorized
by the Coast Guard patrol commander.
(3) Vessels encountering emergencies which require transit through
the regulated area should contact the Coast Guard patrol commander on
VHF Channel 16. In the event of an emergency, the Coast Guard patrol
commander may authorize a vessel to transit through the regulated area
with a Coast Guard designated escort.
(4) All persons and vessels shall comply with the instructions of
the Coast Guard on-scene patrol commander. On-scene patrol personnel
may include commissioned, warrant, and petty officers of the U.S. Coast
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard
vessel, the operator of a vessel shall proceed as directed. Members of
the Coast Guard Auxiliary may also be present to inform vessel
operators of this regulation and other applicable laws.
(c) Effective period. This section is effective on June 1 and 2,
1996, from 9 a.m. to 4:30 p.m.
Dated: May 10, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-13162 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-14-M
