[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13801]


[[Page Unknown]]

[Federal Register: June 7, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-048]
RIN 2115-AA97

 

Safety Zone; Sippican Harbor, MA Fireworks Display

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Sippican Harbor, Marion, MA, during the Marion Fourth of July fireworks 
display. The safety zone will cover the area of Sippican Harbor along 
the Silver Shell Beach shoreline out to 400 yards east of the 
shoreline. The safety zone is necessary to protect pleasure craft and 
personnel aboard these vessels from injury due to potential hazards 
associated with the fireworks.

EFFECTIVE DATES: This regulation is effective between the hours of 8 
p.m. and 10 p.m. on July 4, 1994. In the event of inclement weather, 
the regulation will be in effect on the rain date of July 5, 1994 at 
the same times.

FOR FURTHER INFORMATION CONTACT:
LT Eric Washburn, Marine Safety Field Office Cape Cod, (508) 968-6556.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this document at LT E. 
A. Washburn, Project Manager, and LCDR J. D. Stieb, Project Counsel, 
First 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. Due 
to the date when this office received the application, there was not 
sufficient time to publish proposed rules in advance of the event. 
Publishing a NPRM and delaying the event would be contrary to public 
interest since the fireworks display is for public viewing and is 
intended to celebrate the 4th of July holiday weekend.

Background and Purpose

    On July 4, 1994, the town of Marion, Massachusetts, plans to 
sponsor a Fourth of July Fireworks display between the hours of 9 p.m. 
and 10 p.m. The fireworks will be launched from a site on Silver Shell 
Beach and will project onto the waters of Sippican Harbor. 
Approximately 200 spectator boats are expected to attend this event.
    A safety zone is needed to prohibit spectator vessels from 
transiting or anchoring in the area of Sippican Harbor over which the 
fireworks will be launched. The Coast Guard will establish this safety 
zone from the shoreline of Silver Shell Beach (north end of safety zone 
is buoy C ``7'' and runs south to Spragues Cove), extending eastward 
400 yards into Sippican Harbor, between the hours of 8 p.m. and 10 p.m. 
on July 4, 1994. In the event of inclement weather, the rain date will 
be July 5, 1994 at the same times.

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 of DOT is unnecessary. These 
regulations will be in effect for only a short period, specifically for 
two hours on one day. The entities most likely to be affected are 
pleasure craft wishing to view the fireworks from the water. These 
vessels will still be able to view the fireworks from the water but 
will be required to do so at a distance more than 400 yards from the 
shoreline, which will not cause them undue hardship. The effect on 
commercial traffic is negligible due to the minimal amount of 
commercial vessel traffic in that area.

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 dominate 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, 
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 
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 proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concludes that under Sec. 2.B.2.C of Commandant 
Instruction M16475.1B, this proposal is an action to protect public 
safety and is categorically excluded from further environmental 
documentation. A 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.T01-048 is added to read as follows:


Sec. 165.T01-048  Safety Zone: Sippican Harbor, MA. Fireworks Display.

    (a) Location. The following area is a safety zone: All waters of 
Sippican Harbor, MA, from the shoreline of Silver Shell Beach (north 
end of safety zone is buoy C ``7'' and runs south to Spragues Cove), 
extending eastward 400 yards into Sippican Harbor.
    (b) Effective dates. This section becomes effective at 8 p.m. on 
July 4, 1994. It terminates at 10 p.m. on July 4, 1994, unless 
terminated sooner by the Captain of the Port. In the event of inclement 
weather, the section will be in effect on the rain date of July 5, 1994 
at the same times.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply.

    Dated: May 24, 1994.
H.D. Robinson,
Captain, U.S. Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 94-13801 Filed 6-6-94; 8:45 am]
BILLING CODE 4910-14-M