[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34839-34841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16587]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-090]
RIN 2115-AA97


Safety Zone: Fireworks Display, Lewis Bay, Hyannis, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone within a five 
hundred (500) yard radius of the fireworks barge located in Lewis Bay, 
Hyannis, Massachusetts, on July 2, 2001. 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.

EFFECTIVE DATE: This rule is effective from 8 p.m. on July 2 until 10 
p.m. on July 3, 2001.

ADDRESSES: Documents relating to this temporary final rule are 
available for inspection and copying at U.S. Coast Guard Marine Safety 
Office Providence, 20 Risho Avenue, E. Providence, RI. Normal office 
hours are between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Casey L. Chmielewski at Marine 
Safety Office Providence, (401) 435-2335.

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause 
exists for not publishing a NPRM. The sponsor of the event did not 
provide the Coast Guard with the final details for the event in 
sufficient time to publish a NPRM. The delay encountered if normal 
rulemaking procedures were followed would effectively cancel the event. 
Cancellation of this event is contrary to the public interest since the 
fireworks display is for the benefit of the public.

Background and Purpose

    The Town of Barnstable is hosting a fireworks display in 
celebration of the 4th of July. This regulation establishes a safety 
zone in all waters within a five hundred (500) yard radius of the 
fireworks barge located approximately 1000 yards to the northeast of 
Dunbar Point, Hyannis, Massachusetts, approximate position 41 deg.38.2' 
N, 070 deg.15.8' W, on July 2, 2001 from 8 p.m. until 10 p.m., with an 
inclement weather date of July 3, 2001 from 8 p.m. until 10 p.m.. This 
safety zone is needed to protect the maritime community from possible 
hazards associated with a fireworks display. No vessel may enter the 
safety zone without permission of the Captain of the Port (COTP), 
Providence, Rhode Island.

Regulatory Evaluation

    This 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

[[Page 34840]]

regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979). We expect the economic impact 
of this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. The effect of this regulation will not be significant due 
to the late hour it is effective, the safety zone involves a very small 
area of Lewis Bay, Hyannis Massachusetts, allowing vessel traffic to 
safely transit around this safety zone, and extensive maritime 
advisories will be made in advance of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners and operators of vessels intending to 
transit Lewis Bay in the fireworks area. The safety zone will not have 
a significant impact on a substantial number of small entities due to 
the late hour it is effective, the safety zone involves a very small 
area of Lewis Bay, Hyannis Massachusetts, allowing vessel traffic to 
safely transit around this safety zone, and extensive maritime 
advisories will be made in advance of the event.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If your 
small business or organization would be affected by this rule and you 
have any questions concerning its provisions or options for compliance, 
please call LT Casey Chmielewski at (401) 435-2335. Small businesses 
may send comments on the actions of Federal employees who enforce, or 
otherwise determine compliance with Federal regulations to the Small 
Business and Agriculture Regulatory Enforcement Ombudsman and the 
Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    We have analyzed this action 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 having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This temporary rule will 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 temporary 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 temporary 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Environment

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reports and Record 
Keeping Requirements, Security Measures, and Waterways.

    For the reasons discussed 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(g), 6.04-
1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-090 to read as follows:


Sec. 165.T01-090  Safety zone: fireworks display, Hyannis, MA.

    (a) Location. The safety zone includes all waters within a five 
hundred (500) yard radius of the fireworks barge area located 
approximately 1000 yards to the northeast of Dunbar Point, Hyannis, 
Massachusetts, approximate position 41 deg.38.2' N, 070 deg.15.8' W.
    (b) Effective date. This section is effective from 8 p.m. until 10 
p.m. on July 2, 2001. If the evolution is cancelled due to inclement 
weather, than this section is effective from 8 p.m. until 10 p.m. on 
July 3, 2001.

[[Page 34841]]

    (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: June 18, 2001.
Mark G. VanHaverbeke,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office 
Providence.
[FR Doc.01-16587 Filed 6-29-01; 8:45 am]
BILLING CODE 4910-15-P