[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33117-33118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15752]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-082]


Safety Zone: Bristol Harbor, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Bristol Harbor, Bristol, RI for the Bristol Fourth of July Fireworks 
celebration. The event, sponsored by the Bristol's Fourth of July 
Committee, will take place on Tuesday, July 4, 1995 from 9:30 p.m. 
until 10 p.m. This safety zone will preclude all vessels from 
transiting a small portion of Bristol Harbor and is needed to protect 
the boating public from the hazards associated with the exploding of 
pyrotechnics in the area.

EFFECTIVE DATE: This rule is in effect from 9:30 p.m. until 10 p.m. on 
July 4, 1995.

FOR FURTHER INFORMATION CONTACT:

LT J.C. Wong, Coast Guard 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 CDR J. 
Astley, 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. 
Complying with standard procedures would effectively cancel the event. 
Due to this event's historic significance and role in the nation's 
celebration of Independence Day, any delays which would result in 
cancellation would be undesirable. Publishing a notice of proposed 
rulemaking and delaying the events would be contrary to the public's 
interest since the event is the oldest Independence Day celebration in 
this country, and an event viewed with patriotic zeal and pride by 
thousands of people travelling great distances to participate in the 
event. Immediate action is necessary to respond to any potential 
hazards associated with the conduct of this event.
Background and Purpose
    The town of Bristol in Rhode Island annually provides a fireworks 
program to mark Independence Day. The celebration is an important event 
for the town of Bristol as it draws numerous people to the area for the 
weekend, increasing tourism and economically benefiting the town.
    The Coast Guard is establishing a temporary safety zone regulation 
in the waters of Bristol Harbor within a 350 yard radius from the 
center point of a fireworks barge anchored at or near N 41-39'.8 
latitude, W 071-16'.92 longitude. The exclusionary zone will be in 
effect for a 30 minute period during the evening of July 4, 1995. The 
safety zone will preclude all vessels from transiting this portion of 
Bristol Harbor and is necessary to protect the fireworks barge and 
attending tug, spectator craft, and other vessels or personnel in the 
area, from the hazards associated with explosive laden barges and the 
display itself. No vessel will be permitted to enter or move within the 
effected area unless expressly authorized to do so by the Captain of 
the Port, Providence.

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 10(e) of the regulatory policies and procedures of DOT is 
unnecessary.
    Although this regulation will prevent vessels from transiting the 
effected area, the Coast Guard expects the economic impact of this 
proposal to be minimal for several reasons. Due to the fact that the 
time period for the safety zone is extremely limited, the event is 
conducted during the evening hours of a federal holiday in a remote 
portion of Narragansett Bay, as well as the fact that extensive, 
advance advisories will be made to the affected maritime community, the 
impact of this regulation is expected to be minimal.
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 action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not raise sufficient federalism 
implications to warrant the preparation of a Federalism 
Assessment. [[Page 33118]] 

Environment

    The Coast Guard has considered the environmental impact of this 
rule and has concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, revised by 59 FR 38654 dated July 29, 1994, the 
promulgation of this regulation is categorically excluded from further 
environmental documentation. An environmental analysis checklist and 
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.T01-082, is added to read as follows:


Sec. 165.T01-082  Safety Zone: Bristol Harbor, Rhode Island

    (a) Location. The safety zone includes all waters within a 350 yard 
radius around the fireworks barge. The barge will be anchored at N 41-
39'.8 latitude, W 071-16'.92 longitude, which is approximately 200 
yards north of the Bristol Harbor Middle Ground Buoy (light list no. 
18175) (NAD 83).
    (b) Effective period. This section is effective from 9:30 p.m. 
until 10 p.m. on July 4, 1995.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR Section 165.23 apply. Entry into any portion of the 
described zones is prohibited unless authorized by the Captain of the 
Port.

    Dated: June 14, 1995.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-15752 Filed 6-26-95; 8:45 am]
BILLING CODE 4910-14-M