[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19731]


[[Page Unknown]]

[Federal Register: August 12, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-118]
RIN 2115-AA97

 

Safety Zone; Mount Hope Bay, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in 
Mount Hope Bay, in the vicinity of Fall River, MA for activities 
associated with Fall River Celebrates America 1994, to take place 
August 11-14, 1994. Safety zones are being established for two events 
during the weekend: for the tall ships parade on Friday, August 12, 
1994, and for the fireworks display the evening of August 13, 1994. 
These safety zones are needed to promote the safe navigation of vessels 
in Mount Hope Bay in anticipation of an increased volume of vessel 
traffic due to spectator craft attending the events.

EFFECTIVE DATE: The safety zone for the tall ships parade will be in 
effect from 4:45 p.m. until 6:15 p.m. on August 12, 1994, or until each 
parade vessel is safely moored. The safety zones for the fireworks 
display will be in effect between 9:30 p.m. and 10 p.m. on August 13, 
1994.

FOR FURTHER INFORMATION CONTACT: LT J.C. Wong, Marine Safety Field 
Office New Bedford at (508) 999-0072.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are LT 
J.C. Wong, Project Manager, Captain of the Port Providence, and LCDR 
S.R. Watkins, Project Counsel, First Coast Guard 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. 
Publishing a notice of proposed rulemaking and delaying the events 
would be contrary to the public interest since the tall ships parade 
and the fireworks display are important public events which coincide 
with the Fall River Celebrates America festival. Immediate action is 
necessary to respond to any potential hazards associated with the 
conduct of these events.

Background and Purpose

    Fall River Celebrates America is a festival held annually in Fall 
River, MA, which entails several events throughout the entire weekend. 
This year's celebration will be held August 11-14, 1994. The regulated 
events include a parade of tall ships through Mount Hope Bay to the 
Fall River State Pier and a fireworks display in Mount Hope Bay. The 
celebration is an important event for the town of Fall River as it 
draws numerous people to the area for the weekend, increasing tourism 
and economically benefiting the town.
    The Coast Guard is establishing temporary safety zone regulations 
in Mount Hope Bay for the period August 12-13, 1994. These safety zones 
are necessary to control vessel movements during the various events in 
order to ensure the safety of event participants, spectator craft, and 
other vessels transiting the waterway. They are necessary in light of 
the limited size of the affected waterway and the expected number of 
spectator craft (more that 200 for each event), which will greatly 
increase the congestion in the waterway and create a larger potential 
for marine accidents.
    Chronologically, the events planned for this period relevant to 
this rule are as follows:
    (1) Tall ships parade, August 12, 1994. The parade of tall ships 
provides the kickoff for the Fall River Celebrates America festival. 
The parade is significant because it allows the public to view the tall 
ships under sail before they moor in Fall River for the weekend, and is 
intended to heighten the public interest in the upcoming weekend of 
events. Approximately six tall ships are expected to participate in the 
parade. These ships will muster just north of the Mount Hope Bridge and 
will transit the Mount Hope Bay Channel, from the Mount Hope Bay 
Junction Lighted Gong Buoy ``MH'' to the Fall River State Pier. The 
parade is scheduled to take place between 4:45 p.m. and 6:15 p.m. The 
Coast Guard is establishing a moving safety zone, from 200 yards ahead 
of the lead vessel in the parade, to 100 yards astern of the last 
vessel in the parade, and 200 yards abeam of each parading vessel. This 
safety zone will be in effect for the duration of the parade until each 
vessel is safely moored. This zone is needed to protect the tall ships, 
recreational boaters, spectators, and other vessel traffic from the 
hazards posed by tall ships maneuvering among other vessels in 
constricted waters.
    Implementation of this zone will close the affected portions of 
Mount Hope Bay to navigation by deep draft vessels while the zone is in 
effect. Entry into the moving safety zone is prohibited unless 
authorized by the Captain of the Port (COTP) Providence.
    (2) Fireworks, August 13, 1994. On the evening of August 13, 1994, 
Fall River Celebrates America will be sponsoring a fireworks display 
that will take place in Mount Hope Bay, in the vicinity of Mount Hope 
Bay Channel Buoy 17. Two fireworks barges will be anchored in 
approximate positions (41 deg.-42'-42''N, 071 deg.-09'-52''W) and 
(41 deg.-42'-38''N, 071 deg.-09'-55''W), from which the fireworks will 
be initiated. The fireworks are scheduled to take place between 9:30 
p.m. and 10 p.m. The Coast Guard is establishing safety zones in Mount 
Hope Bay to encompass the area of water within a three hundred (300) 
yard radius around each fireworks barge. These safety zones will be in 
effect between 9:30 p.m. and 10 p.m. for the duration of the fireworks 
display. These safety zones are needed to protect the fireworks barges 
and attending tugs, spectator craft, and other vessels or personnel in 
the area, from the hazards associated with explosive laden barges and 
the display itself. Implementation of these zones will close the 
affected portion of the Mount Hope Bay Channel to navigation by deep 
draft vessels while the zones are in effect.

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 Coast Guard expects the economic impact of this proposal to be 
minimal because these regulations will be in effect only for small 
segments of a two day period, specifically for 1.5 hours on Friday, 
August 12, 1994, and for one half hour on Saturday, August 13, 1994. 
The fact that the time periods for the safety zone are limited, as well 
as the advance notice that will be given to potentially affected 
entities concerning the events and proposed safety zones, allow the 
impacted vessel traffic to schedule transits and operations around the 
planned activities with minimal hardship. The entities most likely to 
be affected are large commercial ships and barges in or outbound from 
Fall River terminals, fishing vessels, and recreational vessels. Only a 
limited number of commercial vessel, approximately four or five, 
transit the impacted water per week. Because of their limited number 
and the advance notice given, these vessels will not be heavily 
impacted. Fishing and recreational vessels have shallow drafts such 
that they are able to transit the waters around the regulated areas. 
These vessels have alternate routes available outside the main shipping 
channel and outside the safety zones in which they may transit or 
conduct operations. Furthermore, in the case of the tall ships parade 
safety zone, vessels will be able to transit the area as soon as the 
moving zone passes.

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 above, 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 
final rule 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 et seq.)

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 has considered the environmental impact of this 
rule and has 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 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.

Temporary 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 section 165.T01-118 is added to read as follows:


Sec. 165.T01-118  Safety Zone; Mount Hope Bay, RI.

    (a) Location. (1) While transiting Mount Hope Bay, RI, a moving 
safety zone around the Fall River Celebrates America tall ships parade, 
extending a distance of two hundred (200) yards ahead of the lead 
vessel in the parade to one hundred (100) yards astern of the last 
vessel in the parade, and two hundred (200) yards abeam of each 
parading vessel. The zone of enforcement will be initiated at Mount 
Hope Bay Junction Lighted Gong Buoy MH (LL 18790), the start of the 
parade, and will end at the State Pier, Fall River, MA, after each 
parading vessel is safety moored.
    (2) The area within a three hundred (300) yard radius around each 
of two fireworks barges, anchored in approximate positions (41 deg.-
42'-42''N, 071 deg.-09'-52''W) and (41 deg.-42'-38''N, 071 deg.-09'-
55''W).
    (b) Effective date. This section is effective as follows:
    (1) The moving safety zone in paragraph (a)(1) of this section for 
the transit of the tall ships parade is effective at 4:45 p.m. on 
August 12, 1994, and terminates at 6:15 p.m., or when each parading 
vessel is safely moored at the Fall River State Pier.
    (2) The safety zones in paragraph (a)(2) of this section for the 
fireworks display are effective while the Fall River Celebrates America 
fireworks are in progress, between the hours of 9:30 p.m. and 10 p.m. 
on August 13, 1994.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. Entry into any portion of the 
described zones is prohibited unless authorized by the Captain of the 
Port.

    Dated: August 1, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 94-19731 Filed 8-11-94; 8:45 am]
BILLING CODE 4910-14-M