[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30477]


[[Page Unknown]]

[Federal Register: December 12, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-155]
RIN 2115-AA97

 

Safety Zone; New Bedford First Night Fireworks Display, New 
Bedford Harbor, New Bedford, MA

agency: Coast Guard, DOT.

ACTION: Temporary final rule.

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summary: The Coast Guard is establishing a temporary safety zone in New 
Bedford main ship channel south of the New Bedford/Fairhaven Bridge in 
the vicinity of New Bedford Channel Lighted Bell Buoy 16 (LLNR 16895), 
during the New Bedford First Night fireworks display. This safety zone 
is needed to protect vessels in the vicinity of the display, as well as 
personnel onboard these vessels, from potential hazards associated with 
the fireworks display.

effective dates: This regulation is effective between the hours of 11 
p.m. December 31, 1994, and 1 a.m. on January 1, 1995, unless 
terminated sooner by the Captain of the Port Providence. There will be 
no rain date for this event.

for further information contact: LT J.C. Wong of 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 
F.J. Kenney, 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. Due 
to the date the application was received, there was not sufficient time 
to publish proposed rules in advance of the event. If the event, which 
is centered around a national holiday, were required to be postponed by 
publishing an NPRM, the event would be cancelled. Publishing an NPRM 
and delaying the event would be contrary to the public interest since 
the fireworks display is to celebrate the New Year's national holiday.

Background and Purpose

    On December 31, 1994, the city of New Bedford is sponsoring a 
fireworks display in celebration of New Year's Eve. The fireworks will 
be launched from a barge anchored in New Bedford Channel in the 
vicinity of New Bedford Channel Lighted Bell Buoy 16 (LLNR 16895), 
beginning at 12 midnight December 31, 1994. This safety zone will be 
established within a 350 yard radius around the fireworks barge. The 
fireworks display will last for approximately one half hour.
    The purpose of this rulemaking is to establish a safety zone to 
prohibit vessels from transiting or anchoring in the area of New 
Bedford Harbor over which the fireworks will be launched, in order to 
protect these vessels and the persons onboard from potential damage, 
fire, or personal injury due to sparks and falling debris. The safety 
zone will be in effect between 11 p.m. on December 31, 1994, and 1 a.m. 
January 1, 1995, and will effectively close New Bedford Channel in the 
vicinity of New Bedford Channel Lighted Bell Buoy 16 (LLRN 16895) to 
all vessel traffic during the period.

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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
The entities most likely to be effected are pleasure craft wishing to 
view the fireworks from the water as well as fishing vessels and other 
commercial vessel traffic wishing to transit the area. Spectator 
vessels will still be able to view the fireworks from the water but 
will be required to do so at a distance of more than 350 yards from the 
barge, which will not cause them undue hardship. Fishing vessels will 
be prohibited from transiting through the area while the zone is in 
effect. This will not have a significant economic impact on them 
because of the short duration of the zone and extensive advisories 
which will be made. Most of the fishermen who work out of New Bedford 
are aware that the fireworks and accompanying safety zone will be in 
place the evening of December 31, 1994. The commercial terminals in the 
harbor have been notified and any scheduled traffic will be aware of 
the safety zone. Thus, this safety zone should 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 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 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 has 
determined that this final rule 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.

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 Sec. 165.T01-155 is added to read as follows:


Sec. 165.T01-155  Safety Zone; New Bedford Harbor, New Bedford, MA.

    (a) Location. The following area is a safety zone:
    All waters in a 350 yard radius around the fireworks barge anchored 
in New Bedford Harbor, MA. in the vicinity of New Bedford Channel 
Lighted Bell Buoy 16 (LLNR 16895).
    (b) Effective Date. This section becomes effective between 11 p.m. 
on December 30, 1994 and 1 a.m. on January 1, 1995, unless terminated 
sooner by the Captain of the Port.
    (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: November 30, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 94-30477 Filed 12-9-94; 8:45 am]
BILLING CODE 4910-14-M