[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31627]


[[Page Unknown]]

[Federal Register: December 23, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-160]
RIN 2115-AA97

 

Safety Zone; First Night Martha's Vineyard 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 
Vineyard Haven Harbor, Vineyard Haven, MA, on December 31, 1994, during 
the annual the First Night Martha's Vineyard fireworks display. The 
zone will be around a barge anchored just outside the Vineyard Haven 
jetty. This safety zone is necessary to protect pleasure craft and 
persons aboard these vessels from injury due to potential hazards 
associated with the fireworks.

EFFECTIVE DATE: This regulation is effective between the hours of 10 
p.m. to 10:45 p.m. on December 31, 1994.

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

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are LT D. 
H. Dolloff, Project Manager, and LCDR F. J. Kenney, 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. 
Because of the late date the Coast Guard received the application, 
there was not sufficient time to publish proposed rules in advance of 
the event. First Night Martha's Vineyard is a popular local event 
centered around the New Years national holiday. Delaying the event 
would result in its cancellation.

Background and Purpose

    On December 31, 1994, First Night Martha's Vineyard will sponsor a 
fireworks display between the hours of 10 p.m. and 10:45 p.m. in 
celebration of New Years Eve. A safety zone is needed to prohibit 
spectator vessels from transiting or anchoring in the area of the barge 
over which the fireworks will be launched. The safety zone will cover 
an area within a 400 yard radius of the anchored fireworks barge which 
will be in position 41 deg.27'36'' North 70 deg.35'48'' West 
(approximately 300 yards north of the Vineyard Haven jetty) between the 
hours of 10 p.m. to 10:45 p.m. on December 31, 1994.

Regulatory Evaluation

    This final rule 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. The entities most likely to be affected are pleasure 
craft wishing to view the fireworks. These vessels will still be able 
to view the fireworks but will be required to do so at a distance of 
more than 400 yards from the anchored barge, which will not cause them 
undue hardship. The effect on commercial traffic is negligible. There 
is a minimal amount of commercial traffic that transmits the area. 
Advisories will be made to allow any such vessels to adjust their 
schedules.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether these regulations 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 final rule, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This final rule contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

    The Coast Guard has analyzed this action 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 environmental impact of this rule has been evaluated using the 
Coast Guard's procedures for implementing the National Environmental 
Policy Act (Commandant Instruction M16474.1B). Under Section 2.B.2.(e) 
of these procedures, it is concluded that this action 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.T01-160 is added to read as follows:


Sec. 165.T01-160  Safety Zone: First Night Vineyard Haven Fireworks 
Display.

    (a) Location. The following area is a safety zone: All waters 
within a 400 yard radius of the anchored fireworks barge which will be 
in approximate position 41 deg. 27' 36'' North 70 deg. 35' 48'' West 
(approximately 300 yards north of the Vineyard Haven jetty).
    (b) Effective date. This section becomes effective at 10 p.m. on 
December 31, 1994. It terminates at 10:45 p.m. on December 31, 1994, 
unless terminated sooner by the Captain of the Port.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply.

    Dated: December 13, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 94-31627 Filed 12-22-94; 8:45 am]
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