[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Proposed Rules]
[Pages 15285-15286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7060]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-197]
RIN 2115-AA97


Safety Zone: Fireworks Display, Naval Station Newport, Newport, 
RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone within a 
five hundred (500) yard radius of the fireworks launching site at Naval 
Station Newport, Newport, RI on June 30, 2000. The safety zone is 
needed to safeguard the public from possible hazards associated with a 
fireworks display. Entry into this zone will be prohibited unless 
authorized by the Captain of the Port, Providence, Rhode Island.

DATES: Comments and related material must reach the Coast Guard on or 
before May 8, 2000.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Providence, 20 Risho Avenue, East Providence, Rhode Island 
02914. The Prevention Department maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office Providence between 8 am and 3 pm, 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO John W. Winter at Marine Safety 
Office Providence, (401) 435-2335.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01 99-
197), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. The comment period for this proposed rule is 45 days. This 
time period is adequate to allow input because the event is highly 
publicized, and the shortened comment period will allow the full 30 day 
publication requirement prior to the final rule becoming effective. We 
will consider all comments and material received during the comment 
period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. However, you may 
submit a request for a meeting by writing to Marine Safety Office 
Providence at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The safety zone is needed to protect the public from debris and 
other hazards associated with fireworks display at Naval station 
Newport, starting at 8 p.m. on June 30. The event will last 
approximately 3 hours.

Discussion of Proposed Rule

    The Coast Guard proposes this rule to protect mariners and 
spectator crafts from falling debris and possible fire hazards related 
to fireworks displays. The event is scheduled to start at 8 p.m. and 
last approximately 3 hours. This proposed rule would give the Coast 
Guard the authority to ensure the safety of all spectator vessels 
enjoying the event.

Regulatory Evaluation

    This proposed 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. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, l979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    This safety zone involves a very small area of Narragansett Bay. 
The effect of this regulation will not be significant due to the 
lateness of the hour; all vessel traffic may safely transit around this 
safety zone; and the extensive maritime advisories that will be made.

[[Page 15286]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of Narragansett Bay from 8 
p.m. to 11 p.m. on June 30, 2000.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule would be in effect for only three hours and vessel traffic could 
pass safely around the safety zone. Before the effective period, we 
would issue maritime advisories widely available to users of 
Narragansett Bay.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact CWO John W. Winter, telephone 
(401)435-2335.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of 
implementing this proposed rule and concluded that, under figure 2-1, 
paragraph 34(g), of Commandant Instruction M16475.lC, this proposed 
rule is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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(g), 6.04-
1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-197 to read as follows:


Sec. 165.T01-197  Safety Zone: Fireworks Display, Naval Station 
Newport, Newport, Rhode Island.

    (a) Location. All waters within a five hundred (500) yard radius of 
the fireworks launching platform located approximately 300 yards off 
shore from Coasters Island, Naval Station Newport, Newport, Rhode 
Island.
    (b) Effective Period. This section is effective from 8 p.m. until 
11 p.m. on June 30, 2000, unless extended or terminated sooner by the 
Captain of the Port Providence.
    (c) Regulations. (1) The general regulations governing safety zones 
contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: March 6, 2000.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office 
Providence.
[FR Doc. 00-7060 Filed 3-22-00; 8:45 am]
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