[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: 94-13803]
[[Page Unknown]]
[Federal Register: June 7, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-049]
RIN 2115-AA97
Safety Zone; Onset, 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
Onset Harbor, Onset, MA, on July 2, 1994 during the Onset Fire
Department Centennial display. While this safety zone is in effect, no
vessel traffic will be allowed into or out of Sunset Cove. This 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 9
p.m. and 10 p.m. on July 2, 1994. In the event of inclement weather,
the regulation will be in effect on the rain date of July 3, 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 are 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 the
public interest since the fireworks display is for the celebration of
the Fourth of July holiday weekend.
Background and Purpose
On July 2, 1994, the town of Onset, Massachusetts, plans to sponsor
an Onset Fire Department Centennial Fireworks display between the hours
of 9 p.m. and 10 p.m. The fireworks will be launched from shore at the
town beach on Shell Point. 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 over which the fireworks will be
launched. The safety zone will include all waters from the Shell Point
Beach south to buoy C ``1'' then southwest to a danger buoy at position
41 degrees 44.13' North and 70 degrees 39.83' West then northwest to
the mouth of Sunset Cove, between the hours of 9 p.m.and 10 p.m. on
July 2, 1994. While this safety zone is in effect, no vessel traffic
will be allowed into or out of Sunset Cove.
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
one hour 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 300 yards from the
staging area, 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 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,
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.T01-049 is added to read as follows:
Sec. 165.T01-049 Safety Zone: Onset, MA. Fireworks Display.
(a) Location. The following area is a safety zone: All waters of
Onset Harbor, MA., from the Shell Point Beach south to buoy C ``1''
then southwest to a danger buoy at position 41 degrees 44.13' North and
70 degrees 39.83' West then northwest to the mouth of Sunset Cove.
(b) Effective date. This section becomes effective at 9 p.m. on
July 2, 1994. It terminates at 10 p.m. on July 2, 1994, unless
terminated sooner or by the Captain of the Port. In the event of
inclement weather, this section will be in effect on the rain date of
July 3, 1994 at the same times.
(c) Regulations.
(1) While this safety zone is in effect, no vessel traffic will be
allowed into or out of Sunset Cove unless authorized by the COTP or the
COTP representative on-scene.
(2) 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. 94-13803 Filed 6-6-94; 8:45 am]
BILLING CODE 4910-14-M