[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