[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