[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Rules and Regulations]
[Pages 42602-42604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20315]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-131]

RIN 2115-AA97


Safety Zone; Oak Bluffs Fireman's Civic Association, Oak Bluffs, 
MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone within a 250-
yard radius of the fireworks barge, located at Oak Bluffs, 
Massachusetts, on August 17, 2001, with a rain date of August 18, 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 August 17, 2001, 
through 10 p.m. on August 18, 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 David Barata at Marine Safety 
Office Providence, (401) 435-2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice proposed rulemaking (NPRM) was 
not published for this regulation. Good cause exists for not publishing 
a NPRM and for making this regulation effective in less than 30 days 
after Federal Register publication. Details regarding this event were 
not provided to the Coast Guard in sufficient time to draft or publish 
a NPRM or a final rule 30 days in advance of its effective date. 
Publishing a NPRM and delaying its effective date would be contrary to 
the public interest since immediate action is needed to close a portion 
of the waterway and protect the maritime public from the hazards 
associated with this fireworks display.

Background and Purpose

    This regulation establishes a safety zone in all waters within a 
250-yard radius of the fireworks barge at Oak Bluffs, Massachusetts, in 
approximate

[[Page 42603]]

position 41 deg.27'12"N, 070 deg.33'15"W, on August 17, 2001, and 
August 18, 2001, from 8 p.m. until 10 p.m. The Oak Bluff's Fireman's 
Civic Association has scheduled fireworks for August 17, 2001, and the 
regulation will be enforced from 8 p.m. to 10 p.m. on August 17, 2001. 
Alternately, if the event is rescheduled due to weather, the safety 
zone will be enforced from 8 p.m. until 10 p.m. on August 18, 2001. 
This safety zone is needed to protect the maritime community from 
possible hazards associated with a fireworks display that will be shot 
from the barge off Oak Bluffs Beach, Oak Bluffs, Massachusetts. 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 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. This safety zone involves a very 
small area of Nantucket Sound, Oak Bluffs, Massachusetts. The effect of 
this regulation will not be significant as the safety zone is effective 
for only 2 hours; it takes place late in the evening; it involves a 
very small area of Nantucket Island Sound, Oak Bluffs, Massachusetts, 
thus 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 Oak Bluffs, Massachusetts in the fireworks area. The safety 
zone will not have a significant impact on a substantial number of 
small entities for the following reasons: the safety zone is effective 
for only 2 hours; it takes place late in the evening; the safety zone 
involves a very small area of Nantucket Sound, Oak Bluffs, 
Massachusetts, thus 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 (Pub. L. 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 David Barata 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 Executive Order 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this temporary rule under Executive Order 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 M16475.1D, this rule is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket.

Energy Effects

    We have analyzed this 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

[[Page 42604]]

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), Reporting and 
recordkeeping 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, 160.5; 49 CFR 1.46.

    2. From 8 p.m. on August 17, 2001, to 10 p.m. on August 18, 2001, 
add temporary Sec. 165.T01-131 to read as follows:


Sec. 165.T01-131  Safety zone: fireworks display, Oak Bluffs, MA.

    (a) Location. All waters within a 250-yard radius of the fireworks 
barge located off Oak Bluffs Beach, Oak Bluffs, Massachusetts, in 
approximate position 41 deg.27'12"N, 070 deg.33'15"W.
    (b) Enforcement dates and times. This section will be enforced from 
8 p.m. until 10 p.m. on both August 17, 2001, and August 18, 2001.
    (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: August 3, 2001.
Mark G. VanHaverbeke,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office 
Providence.
[FR Doc. 01-20315 Filed 8-13-01; 8:45 am]
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