[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]


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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.

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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