[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13088]
[[Page Unknown]]
[Federal Register: May 27, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
CGD01-94-030]
RIN 2115-AA97
Safety Zone; Narragansett Bay, Quonset Point, RI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
June 4 and 5, 1994, at Quonset Point, North Kingstown, RI, while aerial
demonstrations are performed in preparation for and during the Rhode
Island Air National Guard Open House. This action is necessary to
protect spectator and pleasure craft, as well as other vessels in the
vicinity, from the risks associated with low flying aircraft.
EFFECTIVE DATE: This regulation is effective between 8:30 a.m. and 4
p.m. on June 4, 1994 and between 8:30 a.m. and 4 p.m. on June 5, 1994
unless terminated sooner by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT: LTJG Timothy Pavilonis of Marine
Safety Office Providence at (401) 435-2300.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation were Lieutenant (junior grade) T.
Pavilonis, Project Manager for the Coast Guard Captain of the Port
Providence, and Lieutenant Commander J. Stieb, Project Counsel for the
First Coast Guard District Legal Office.
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation and good cause exists for
making it effective less than 30 days after Federal Register
publication. Due to the date on which this application was received,
there was insufficient notice to publish proposed rules in advance of
the event. Publishing a NPRM and delaying the event would be contrary
to the public interest. The air show is intended for public viewing and
delaying the event would result in cancellation of the event due to the
difficult of rescheduling participants.
Background and Purpose
The purpose of this rulemaking is to protect spectators and
pleasure craft, as well as other vessels, from potential hazards
associated with low level flight demonstrations. The demonstrations
will take place in the airspace over the Quonset State Airport, North
Kingstown, RI, a portion of the Naval Construction Battalion Center in
Davisville, RI, and a small area of Narragansett Bay adjacent to the
Quonset State Airport.
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 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 and procedures of DOT is
unnecessary.
The entities affected by this rulemaking effort are pleasure craft
and fishing vessels. Large commercial vessel transits through the
waters contained in this safety zone are infrequent, approximately 3
per month. Commercial fishing vessels are able to conduct operations
outside the Quonset Channel because they are not constrained by their
draft. There are other areas available outside of the safety zone where
normal fishing operations may be conducted. Therefore, restricting
access to the area as proposed will not cause undue hardship to any
entity.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et 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 the reasons discussed in the Regulatory Evaluation, the Coast
Guard expects the economic impact of this rule to be minimal and the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), that this final rule will not
have a significant economic impact on a substantial number of small
entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Federalism
The Coast Guard has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 12612 and had
determined that this final rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of these
regulations and concluded that under section 2.B.2.C of Commandant
Instruction M16475.1B, they are an action to protect public safety and
are 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.
Regulation
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. A temporary Sec. 165.T01-030 is added to read as follows:
Sec. 165.T01-030
Safety Zone: Narragansett Bay, Quonset Point, RI.
(a) Location. The following area is a safety zone: The area of
Narragansett Bay enclosed in a line from the end of the Quonset Point
Jetty (41 deg.-35'-10''N, 071 deg.-24'-29''W), extending southeast to
Quonset Channel buoy #7 (41 deg.-34'-54''N, 071 deg.-23'-50.5''W),
northeast to (41 deg.-35'-07''N, 071 deg.-23'-21''W), and northwest to
the south corner of Pier #1, Davisville Depot (41 deg.-36'-42''N,
071 deg.-24'-17''W).
(b) Effective date. This section is effective from 8:30 a.m. to 4
p.m. on June 4, 1994, and from 8:30 a.m. to 4 p.m. on June 5, 1994,
unless terminated sooner by the Captain of the Port.
(c) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply.
Dated: May 9, 1994.
H.D. Robinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 94-13088 Filed 5-26-94; 8:45 am]
BILLING CODE 4910-14-M
