Safety Zone; Bristol Fourth of July Fireworks, Bristol Harbor, Bristol, RI

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[CGD01-94-026]

RIN 2115-AA97

Safety Zone; Bristol Fourth of July Fireworks, Bristol Harbor,

Bristol, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for the

Bristol Fourth of July Fireworks celebration. The event, sponsored by

the Bristol's Fourth of July Committee, will take place on Monday, July

4, 1994 from 9:30 p.m. until 10 p.m. This safety zone in the Bristol

Harbor is needed to protect the boating public from the hazards

associated with the exploding of pyrotechnics in the area.

DATES: Comments must be received on or before June 20, 1994.

ADDRESSES: Comments should be mailed to Supervisor, United States Coast

Guard Marine Safety Field Office, New Bedford, 918 Rodney French Blvd.

New Bedford, MA 02744-1223 or may be delivered between 7:30 a.m. and 4

p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant J.C. Wong, Supervisor, Coast Guard Marine Safety Field

Office New Bedford (508) 999-0072.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their name and address,

identify this notice (CGD01-94-026), the specific section of the

proposal to which their comments apply, and give reason for each

comment. Persons wanting acknowledgment of receipt of comments should

enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a public

hearing by writing to the Project Manager at the address under

ADDRESSES. If it is determined that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The drafters of this notice are LT J.C. Wong, Project Manager,

Coast Guard Marine Safety Field Office New Bedford and LCDR J. Stieb,

Project Attorney, First Coast Guard District, Legal Office.

Background and Purpose

The Bristol Fourth of July Committee submitted a request to hold a

fireworks program in the Bristol Harbor on July 4, 1994. The proposed

regulations would establish a safety zone in Bristol Harbor in order to

protect boaters from the hazards associated with the exploding of

pyrotechnics in the area. No vessel would be permitted to enter or move

within this area unless permitted to do so by Captain of the Port,

Providence. Due to the approaching date of the event, good cause exists

for allowing a comment period of only 30 days. Delaying the event to

allow for a longer comment period would be contrary to the public's

interest since the event is for the purpose of celebrating the Fourth

of July Holiday.

Discussion of Proposed Amendments

The Coast Guard proposes to establish a safety zone in Bristol

Harbor, Bristol, Rhode Island. This safety zone will be in effect from

9:30 p.m. until 10 p.m. on July 4, 1994.This closure is needed to

protect boaters from the hazards associated with the exploding of

pyrotechnics in the area. This safety zone will temporarily close the

primary and secondary channel leading into Bristol Harbor, in the

vicinity of the Bristol Harbor Middle Ground Buoy (light list no.

18175).

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 Budgets

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 and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 eg 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 reasons set forth in the above Regulatory Evaluation, the Coast

Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,

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).

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.

Environment

The Coast Guard considered the environmental impact of this

regulation and concluded that under section 2.B.2.c. of Commandant

Instruction M16475.1B, it is an action under the Coast Guard's

statutory authority to protect public safety, and thus is categorically

excluded from further environmental documentation. A categorical

exclusion determination is available in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

For reasons set out in the preamble, the Coast Guard proposes to

amend 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.T01-026 is added to read as follows:

Sec. 165.T01-026 Bristol's Fourth of July Fireworks, Bristol Harbor,

Bristol Rhode Island.

(a) Location. The safety zone includes all waters within a 350 yard

radius around the fireworks barge. The barge will be anchored 200 yards

north of the Bristol Harbor Middle Ground Bouy (light list no. 18175).

(b) Effective period. This section will be effective from 9:30 p.m.

until 10 p.m. on July 4, 1994.

(c) Regulations. (1) No person or vessel may enter, transit, or

remain in this safety zone during the effective period of regulation

unless participating in the event as authorized by the sponsor or the

Coast Guard Captain of the Port, Providence.

(2) All persons and vessels shall comply with the instructions of

the COTP or the designated on scene personnel. U.S. Coast Guard patrol

personnel include commissioned, warrant, and petty officers of the

Coast Guard. Upon hearing five or more blasts from a U.S. Coast Guard

Vessel, the operator of a vessel shall proceed as directed.

Dated: May 5, 1994.

H.D. Robinson,

Captain, U.S. Coast Guard, Captain of the Port, Providence.

[FR Doc. 94-12407 Filed 5-19-94; 8:45 am]

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