[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33117-33118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15752]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-082]
Safety Zone: Bristol Harbor, RI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Bristol Harbor, Bristol, RI for the Bristol Fourth of July Fireworks
celebration. The event, sponsored by the Bristol's Fourth of July
Committee, will take place on Tuesday, July 4, 1995 from 9:30 p.m.
until 10 p.m. This safety zone will preclude all vessels from
transiting a small portion of Bristol Harbor and is needed to protect
the boating public from the hazards associated with the exploding of
pyrotechnics in the area.
EFFECTIVE DATE: This rule is in effect from 9:30 p.m. until 10 p.m. on
July 4, 1995.
FOR FURTHER INFORMATION CONTACT:
LT J.C. Wong, Coast Guard Marine Safety Field Office, New Bedford, at
(508) 999-0072.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are LT
J.C. Wong, Project Manager, Captain of the Port, Providence and CDR J.
Astley, Project Counsel, First Coast Guard 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.
Complying with standard procedures would effectively cancel the event.
Due to this event's historic significance and role in the nation's
celebration of Independence Day, any delays which would result in
cancellation would be undesirable. Publishing a notice of proposed
rulemaking and delaying the events would be contrary to the public's
interest since the event is the oldest Independence Day celebration in
this country, and an event viewed with patriotic zeal and pride by
thousands of people travelling great distances to participate in the
event. Immediate action is necessary to respond to any potential
hazards associated with the conduct of this event.
Background and Purpose
The town of Bristol in Rhode Island annually provides a fireworks
program to mark Independence Day. The celebration is an important event
for the town of Bristol as it draws numerous people to the area for the
weekend, increasing tourism and economically benefiting the town.
The Coast Guard is establishing a temporary safety zone regulation
in the waters of Bristol Harbor within a 350 yard radius from the
center point of a fireworks barge anchored at or near N 41-39'.8
latitude, W 071-16'.92 longitude. The exclusionary zone will be in
effect for a 30 minute period during the evening of July 4, 1995. The
safety zone will preclude all vessels from transiting this portion of
Bristol Harbor and is necessary to protect the fireworks barge and
attending tug, spectator craft, and other vessels or personnel in the
area, from the hazards associated with explosive laden barges and the
display itself. No vessel will be permitted to enter or move within the
effected area unless expressly authorized to do so by the Captain of
the Port, Providence.
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 10(e) of the regulatory policies and procedures of DOT is
unnecessary.
Although this regulation will prevent vessels from transiting the
effected area, the Coast Guard expects the economic impact of this
proposal to be minimal for several reasons. Due to the fact that the
time period for the safety zone is extremely limited, the event is
conducted during the evening hours of a federal holiday in a remote
portion of Narragansett Bay, as well as the fact that extensive,
advance advisories will be made to the affected maritime community, the
impact of this regulation is expected to be minimal.
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 outlined in the Regulatory Evaluation above, 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 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 et seq.)
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. [[Page 33118]]
Environment
The Coast Guard has considered the environmental impact of this
rule and has concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, revised by 59 FR 38654 dated July 29, 1994, the
promulgation of this regulation is categorically excluded from further
environmental documentation. An environmental analysis checklist and
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 section, 165.T01-082, is added to read as follows:
Sec. 165.T01-082 Safety Zone: Bristol Harbor, Rhode Island
(a) Location. The safety zone includes all waters within a 350 yard
radius around the fireworks barge. The barge will be anchored at N 41-
39'.8 latitude, W 071-16'.92 longitude, which is approximately 200
yards north of the Bristol Harbor Middle Ground Buoy (light list no.
18175) (NAD 83).
(b) Effective period. This section is effective from 9:30 p.m.
until 10 p.m. on July 4, 1995.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR Section 165.23 apply. Entry into any portion of the
described zones is prohibited unless authorized by the Captain of the
Port.
Dated: June 14, 1995.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-15752 Filed 6-26-95; 8:45 am]
BILLING CODE 4910-14-M
